|
| |
|
| he may by order make such amendments to the primary legislation as he |
| |
| |
(4) | This section also applies where the provision in question is in subordinate |
| |
legislation and has been quashed, or declared invalid, by reason of |
| |
incompatibility with a UK right. |
| 5 |
(5) | If the legislation is an Order in Council, the power conferred by subsection (2) |
| |
or (3) is exercisable by Her Majesty in Council. |
| |
(6) | In this section “legislation” does not include a Measure of the Church |
| |
Assembly or of the General Synod of the Church of England. |
| |
(7) | Schedule 2 makes further provision about remedial orders. |
| 10 |
Other rights and proceedings |
| |
12 | Safeguard for existing human rights |
| |
A person’s reliance on a UK right does not restrict— |
| |
(a) | any other right or freedom conferred on him by or under any law |
| |
having effect in any part of the United Kingdom; or |
| 15 |
(b) | his right to make any claim or bring any proceedings which he could |
| |
make or bring apart from sections 8 to 10. |
| |
| |
(1) | This section applies if a court is considering whether to grant any relief which, |
| |
if granted, might affect the exercise of the UK right to freedom of expression. |
| 20 |
(2) | If the person against whom the application for relief is made (“the |
| |
respondent”) is neither present nor represented, no such relief is to be granted |
| |
unless the court is satisfied— |
| |
(a) | that the applicant has taken all practicable steps to notify the |
| |
| 25 |
(b) | that there are compelling reasons why the respondent should not be |
| |
| |
(3) | No such relief is to be granted so as to restrain publication before trial unless |
| |
the court is satisfied that the applicant is likely to establish that publication |
| |
| 30 |
(4) | The court must have particular regard to the importance of the UK right to |
| |
freedom of expression and, where the proceedings relate to material which the |
| |
respondent claims, or which appears to the court, to be journalistic, literary or |
| |
artistic material (or to conduct connected with such material), to— |
| |
| 35 |
(i) | the material has, or is about to, become available to the public; |
| |
| |
(ii) | it is, or would be, in the public interest for the material to be |
| |
| |
(iii) | any relevant privacy code. |
| 40 |
| |
“court” includes a tribunal; and |
| |
|
| |
|
| |
|
“relief” includes any remedy or order (other than in criminal |
| |
| |
14 | Freedom of thought, conscience and religion |
| |
(1) | If a court’s determination of any question arising under this Act might affect |
| |
the exercise by a religious organisation (itself or its members collectively) of the |
| 5 |
UK right to freedom of thought, conscience and religion, it must have |
| |
particular regard to the importance of that right. |
| |
(2) | In this section “court” includes a tribunal. |
| |
| |
15 | Statements of compatibility |
| 10 |
(1) | A Minister of the Crown in charge of a Bill in either House of Parliament must, |
| |
before Second Reading of the Bill— |
| |
(a) | make a statement to the effect that in his view the provisions of the Bill |
| |
are compatible with the UK rights (“a statement of compatibility”); or |
| |
(b) | make a statement to the effect that although he is unable to make a |
| 15 |
statement of compatibility the government nevertheless wishes the |
| |
House to proceed with the Bill. |
| |
(2) | The statement must be in writing and be published in such manner as the |
| |
Minister making it considers appropriate. |
| |
Human Rights Act 1998 and European Convention on Human Rights |
| 20 |
16 | Repeal of Human Rights Act 1998 |
| |
The Human Rights Act 1998 is repealed. |
| |
17 | Effect of European Convention on Human Rights |
| |
| |
(a) | provision of the Convention, |
| 25 |
(b) | judgment, decision, declaration or opinion of the European Court of |
| |
| |
(c) | opinion or decision of the European Commission of Human Rights, or |
| |
(d) | decision of the Committee of Ministers taken under the Convention, |
| |
whenever made or given, shall be regarded as binding on any person |
| 30 |
(including any public authority). |
| |
| |
18 | Orders etc under this Act |
| |
(1) | Any power of a Minister of the Crown to make an order under this Act is |
| |
exercisable by statutory instrument. |
| 35 |
|
| |
|
| |
|
(2) | The power of the Lord Chancellor or the Secretary of State to make rules (other |
| |
than rules of court) under section 2(4) or 8(12) is exercisable by statutory |
| |
| |
(3) | No order may be made by the Lord Chancellor or the Secretary of State under |
| |
section 8(14) unless a draft of the order has been laid before, and approved by, |
| 5 |
each House of Parliament. |
| |
(4) | The power of a Northern Ireland department to make— |
| |
(a) | rules under section 2(4)(c) or 8(12)(c), or |
| |
(b) | an order under section 8(14), |
| |
| is exercisable by statutory rule for the purposes of the Statutory Rules |
| 10 |
(Northern Ireland) Order 1979. |
| |
(5) | Any rules made under section 2(4)(c) or 8(12)(c) shall be subject to negative |
| |
resolution; and section 41(6) of the Interpretation Act (Northern Ireland) 1954 |
| |
(meaning of “subject to negative resolution“) shall apply as if the power to |
| |
make the rules were conferred by an Act of the Northern Ireland Assembly. |
| 15 |
(6) | No order may be made by a Northern Ireland department under section 8(14) |
| |
unless a draft of the order has been laid before, and approved by, the Northern |
| |
| |
| |
| 20 |
“amend” includes repeal and apply (with or without modifications); |
| |
“approved by resolution in Parliament” means— |
| |
(a) | approved by a resolution of each House of Parliament, or |
| |
(b) | if the subordinate legislation only needed the approval of one |
| |
House of Parliament under its parent legislation, approved by a |
| 25 |
resolution of that House; |
| |
“UK rights” means the UK rights and freedoms set out in Schedule 1, and |
| |
“UK right” means the relevant one of those or any one of those, |
| |
according to the context; |
| |
“the Convention” means the Convention for the Protection of Human |
| 30 |
Rights and Fundamental Freedoms, agreed by the Council of Europe at |
| |
Rome on 4th November 1950 as it has effect for the time being in |
| |
relation to the United Kingdom; |
| |
“declaration of incompatibility” means a declaration under section 4; |
| |
“Minister of the Crown” has the same meaning as in the Ministers of the |
| 35 |
| |
“Northern Ireland Minister” includes the First Minister and the deputy |
| |
First Minister in Northern Ireland; |
| |
“primary legislation” means any— |
| |
| 40 |
(b) | local and personal Act; |
| |
| |
(d) | Measure of the Church Assembly; |
| |
(e) | Measure of the General Synod of the Church of England; |
| |
| 45 |
(i) | made in exercise of Her Majesty’s Royal Prerogative; |
| |
|
| |
|
| |
|
(ii) | made under section 38(1)(a) of the Northern Ireland |
| |
Constitution Act 1973 or the corresponding provision of |
| |
the Northern Ireland Act 1998; or |
| |
(iii) | amending an Act of a kind mentioned in paragraph (a), |
| |
| 5 |
| and includes an order or other instrument made under primary |
| |
legislation (otherwise than by the Welsh Ministers, the First |
| |
Minister for Wales, the Counsel General to the Welsh Assembly |
| |
Government, a member of the Scottish Executive, a Northern |
| |
Ireland Minister or a Northern Ireland department) to the |
| 10 |
extent to which it operates to bring one or more provisions of |
| |
that legislation into force or amends any primary legislation; |
| |
“remedial order” means an order under section 11; |
| |
“subordinate legislation” means any— |
| |
(a) | Order in Council other than one— |
| 15 |
(i) | made in exercise of Her Majesty’s Royal Prerogative; |
| |
(ii) | made under section 38(1)(a) of the Northern Ireland |
| |
Constitution Act 1973 or the corresponding provision of |
| |
the Northern Ireland Act 1998; or |
| |
(iii) | amending an Act of a kind mentioned in the definition |
| 20 |
| |
(b) | Act of the Scottish Parliament; |
| |
(c) | Measure of the National Assembly for Wales; |
| |
(d) | Act of the National Assembly for Wales; |
| |
(e) | Act of the Parliament of Northern Ireland; |
| 25 |
(f) | Measure of the Assembly established under section 1 of the |
| |
Northern Ireland Assembly Act 1973; |
| |
(g) | Act of the Northern Ireland Assembly; |
| |
(h) | order, rules, regulations, scheme, warrant, byelaw or other |
| |
instrument made under primary legislation (except to the |
| 30 |
extent to which it operates to bring one or more provisions of |
| |
that legislation into force or amends any primary legislation); |
| |
(i) | order, rules, regulations, scheme, warrant, byelaw or other |
| |
instrument made under legislation mentioned in paragraph (b), |
| |
(e), (f) or (g) or made under an Order in Council applying only |
| 35 |
| |
(j) | order, rules, regulations, scheme, warrant, byelaw or other |
| |
instrument made by a member of the Scottish Executive, Welsh |
| |
Ministers, the First Minister for Wales, the Counsel General to |
| |
the Welsh Assembly Government, a Northern Ireland Minister |
| 40 |
or a Northern Ireland department in exercise of prerogative or |
| |
other executive functions of Her Majesty which are exercisable |
| |
by such a person on behalf of Her Majesty; |
| |
“transferred matters” has the same meaning as in the Northern Ireland |
| |
| 45 |
“tribunal” means any tribunal in which legal proceedings may be |
| |
| |
|
| |
|