Human Rights Bill [H.L.]

Human Rights Bill [H.L.] - continued	House of Commons
Derogations and reservations - continued

back to previous text

Periodic review of designated reservations.

17. - (1) The appropriate Minister must review the designated reservation referred to in section 15(1)(a)-

(a) before the end of the period of five years beginning with the date on which section 1(2) came into force; and

(b) if that designation is still in force, before the end of the period of five years beginning with the date on which the last report relating to it was laid under subsection (3).

(2) The appropriate Minister must review each of the other designated reservations (if any)-

(a) before the end of the period of five years beginning with the date on which the order designating the reservation first came into force; and

(b) if the designation is still in force, before the end of the period of five years beginning with the date on which the last report relating to it was laid under subsection (3).

(3) The Minister conducting a review under this section must prepare a report on the result of the review and lay a copy of it before each House of Parliament.

Judges of the European Court of Human Rights

Appointment to European Court of Human Rights.

18. - (1) In this section "judicial office" means the office of-

(a) Lord Justice of Appeal, Justice of the High Court or Circuit judge, in England and Wales;

(b) judge of the Court of Session or sheriff, in Scotland;

(2) The holder of a judicial office may become a judge of the European Court of Human Rights ("the Court") without being required to relinquish his office.

(3) But he is not required to perform the duties of his judicial office while he is a judge of the Court.

(4) In respect of any period during which he is a judge of the Court-

(a) a Lord Justice of Appeal or Justice of the High Court is not to count as a judge of the relevant court for the purposes of section 2(1) or 4(1) of the Supreme Court Act 1981 (maximum number of judges) nor as a judge of the Supreme Court for the purposes of section 12(1) to (6) of that Act (salaries etc.);

(b) a judge of the Court of Session is not to count as a judge of that court for the purposes of section 1(1) of the Court of Session Act 1988 (maximum number of judges) or of section 9(1)(c) of the Administration of Justice Act 1973 ("the 1973 Act") (salaries etc.);

(c) a Lord Justice of Appeal or a judge of the High Court in Northern Ireland is not to count as a judge of the relevant court for the purposes of section 2(1) or 3(1) of the Judicature (Northern Ireland) Act 1978 (maximum number of judges) nor as a judge of the Supreme Court of Northern Ireland for the purposes of section 9(1)(d) of the 1973 Act (salaries etc.);

(d) a Circuit judge is not to count as such for the purposes of section 18 of the Courts Act 1971 (salaries etc.);

(e) a sheriff is not to count as such for the purposes of section 14 of the Sheriff Courts (Scotland) Act 1907 (salaries etc.);

(f) a county court judge of Northern Ireland is not to count as such for the purposes of section 106 of the County Courts Act (Northern Ireland) 1959 (salaries etc.).

(5) If a sheriff principal is appointed a judge of the Court, section 11(1) of the Sheriff Courts (Scotland) Act 1971 (temporary appointment of sheriff principal) applies, while he holds that appointment, as if his office is vacant.

(6) Schedule 3 makes provision about judicial pensions in relation to the holder of a judicial office who serves as a judge of the Court.

(7) The Lord Chancellor or the Secretary of State may by order make such transitional provision (including, in particular, provision for a temporary increase in the maximum number of judges) as he considers appropriate in relation to any holder of a judicial office who has completed his service as a judge of the Court.

Parliamentary procedure

Statements of compatibility.

19. - (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 Convention rights ("a statement of compatibility"); or

(b) make a statement to the effect that although he is unable to make a 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.

Supplemental

Orders under this Act.

20. - (1) Any power to make an order under this Act is exercisable by statutory instrument.

(2) The power to make rules (other than rules of court) under section 2(3) or 7(11) is exercisable by statutory instrument.

(3) Any statutory instrument made under section 14, 15 or 16(7) must be laid before Parliament.

(4) No order may be made under section 1(4), 7(13) or 16(2) unless a draft of the order has been laid before, and approved by, each House of Parliament.

(5) Any statutory instrument made under section 18(7) or Schedule 3, or to which subsection (2) applies, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation, etc.

21. - (1) In this Act-

"the appropriate Minister" means the Minister of the Crown having charge of the appropriate authorised government department (within the meaning of the Crown Proceedings Act 1947);

"the Convention" means the Convention for the Protection of Human 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;

"the Commission" means the European Commission of Human Rights;

"declaration of incompatibility" means a declaration under section 4;

"Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975;

"primary legislation" means any-

(a) public general Act;

(b) local and personal Act;

(d) Measure of the Church Assembly;

(e) Measure of the General Synod of the Church of England;

(f) Order in Council made under section 38(1)(a) of the Northern Ireland Constitution Act 1973;

(g) Order in Council made in exercise of Her Majesty's Royal Prerogative;

and includes an order or other instrument made under primary legislation to the extent to which it operates to bring one or more provisions of that legislation into force or amends any primary legislation;

"the First Protocol" means the protocol to the Convention agreed at Paris on 20th March 1952;

"11th Protocol" means the protocol to the Convention (restructuring the control machinery established by the Convention) agreed at Strasbourg on 11th May 1994;

"remedial order" means an order under section 10;

"subordinate legislation" means any-

(a) Order in Council other than one made in exercise of Her Majesty's Royal Prerogative or under section 38(1)(a) of the Northern Ireland Constitution Act 1973;

(b) Act of the Parliament of Northern Ireland;

(d) order, rules, regulations, scheme, warrant, byelaw or other instrument made under primary legislation (except to the extent to which it operates to bring one or more provisions of that legislation into force or amends any primary legislation);

(e) order, rules, regulations, scheme, warrant, byelaw or other instrument made under legislation mentioned in paragraphs (b) or (c) or made under an Order in Council applying only to Northern Ireland;

"tribunal" means any tribunal in which legal proceedings may be brought.

(2) The references in paragraphs (b) and (c) of section 2(1) to Articles are to Articles of the Convention as they had effect immediately before the coming into force of the 11th Protocol.

(3) The reference in paragraph (d) of section 2(1) to Article 46 includes a reference to Articles 32 and 54 of the Convention as they had effect immediately before the coming into force of the 11th Protocol.

(4) The references in section 2(1) to a report or decision of the Commission or a decision of the Committee of Ministers include references to a report or decision made as provided by paragraphs 3, 4 and 6 of Article 5 of the 11th Protocol (transitional provisions).

(5) In section 4(3) of the Northern Ireland Constitution Act 1973 (status of Measures of Northern Ireland Assembly), after "below" insert-

"and to the Human Rights Act 1998".

Short title, commencement, application and extent.

22. - (1) This Act may be cited as the Human Rights Act 1998.

(2) Sections 18 and 20 and this section come into force on the passing of this Act.

(3) The other provisions of this Act come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.

(4) Paragraph (b) of subsection (1) of section 7 applies to proceedings brought by or at the instigation of a public authority whenever the act in question took place; but otherwise that subsection does not apply to an act committed before the coming into force of that section.

(5) This Act binds the Crown.

(6) This Act extends to Northern Ireland.

(7) Nothing in this Act shall impose any charge on the people or on public funds, or vary the amount or incidence of or otherwise alter any such charge in any manner, or affect the assessment, levying, administration or application of any money raised by any such charge.

Prepared 9 February 1998