Limitation on use of restrictions on rights
The restrictions permitted under this Schedule to the said rights and
freedoms shall not be applied for any purpose other than those for which
they have been prescribed.
Certain limitations on application of rights
The foregoing Articles in this Schedule are subject to this Article in their
No person who is not a British citizen may rely on any Article in this
Schedule to delay, hinder or avoid deportation or other removal from the
A public authority may take such action in relation to a person as it believes
to be appropriate in the interests of national security or public safety if it
reasonably believes that there is a clear and present danger to national
security or public safety presented by that person; but such action shall not
include deprivation of life other than that permitted by Article 1 (read with
Article 2) or torture or inhuman or degrading treatment or punishment
(though, for the avoidance of doubt, such action may include extradition or
other removal from the United Kingdom).
A person’s basic responsibilities include—
rendering civil or military service when his country requires his
supporting, nurturing and protecting his minor children to the best
respecting and upholding basic public order, without placing
himself in significant danger;
seeking to support himself without recourse to a public authority to
the best of his ability, including but not limited to seeking work or
gainful employment where he is able; and
rendering help to other persons who are in need of assistance, where
reasonable and to the best of his ability, including but not limited to
help for elderly or disabled persons.
A remedial order may—
contain such incidental, supplemental, consequential or transitional
provision as the person making it considers appropriate;
be made so as to have effect from a date earlier than that on which it
make provision for the delegation of specific functions;
make different provision for different cases.
The power conferred by sub-paragraph (1)(a) includes—
power to amend primary legislation (including primary legislation
other than that which contains the incompatible provision); and
power to amend or revoke subordinate legislation (including
other than that which contains the incompatible provision).
A remedial order may be made so as to have the same extent as the
legislation which it affects.
No person is to be guilty of an offence solely as a result of the retrospective
effect of a remedial order.
No remedial order may be made unless a draft of the order has been
approved by a resolution of each House of Parliament made after the end of
the period of 60 days beginning with the day on which the draft was laid.
No draft may be laid under paragraph 2 unless—
the person proposing to make the order has laid before Parliament a
document which contains a draft of the proposed order and the
required information; and
the period of 60 days, beginning with the day on which the
document required by this sub-paragraph was laid, has ended.
If representations have been made during that period, the draft laid under
paragraph 2 must be accompanied by a statement containing—
a summary of the representations; and
if, as a result of the representations, the proposed order has been
changed, details of the changes.
“representations” means representations about a proposed remedial
order made to the person proposing to make it and includes any
relevant Parliamentary report or resolution; and
“required information” means—
an explanation of the incompatibility which the proposed
order seeks to remove, including particulars of the relevant
declaration, finding or order; and
a statement of the reasons for proceeding under section 11
and for making an order in those terms.
In calculating any period for the purposes of this Schedule, no account is to
be taken of any time during which—
Parliament is dissolved or prorogued; or
both Houses are adjourned for more than four days.
This paragraph applies in relation to
any draft of a remedial order proposed to be made—
by the Scottish Ministers; or
within devolved competence (within the meaning of the
Scotland Act 1998) by Her Majesty in Council; and
any document or statement to be laid in connection with such a
This Schedule has effect in relation to any such proposed order, document
or statement subject to the following modifications.
Any reference to Parliament, each House of Parliament or both Houses of
Parliament shall be construed as a reference to the Scottish Parliament.
Paragraph 5 does not apply and instead, in calculating any period for the
purposes of this Schedule, no account is to be taken of any time during
which the Scottish Parliament is dissolved or is in recess for more than four