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clarify the meaning of “public function” in section 6 of the Human Rights Act |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Factors to be taken into account when determining whether function a public |
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For the purposes of subsection (3)(b) of section 6 of the Human Rights Act 1998 |
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(c. 42) (acts of public authorities), the factors which must be taken into account |
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in determining whether a function is a function of a public nature include— |
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(a) | the extent to which the state has assumed responsibility for the function |
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(b) | the role and responsibility of the state in relation to the subject matter |
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(c) | the nature and extent of the public interest in the function in question; |
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(d) | the nature and extent of any statutory power or duty in relation to the |
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(e) | the extent to which the state, directly or indirectly, regulates, supervises |
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or inspects the performance of the function in question; |
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(f) | the extent to which the state makes payment for the function in |
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(g) | whether the function involves or may involve the use of statutory |
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(h) | the extent of the risk that improper performance of the function might |
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violate an individual's Convention right. |
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2 | Performance of public function by private provider |
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For the avoidance of doubt, for the purposes of section 6(3)(b) of the Human |
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Rights Act 1998, a function of a public nature includes a function which is |
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required or enabled to be performed wholly or partially at public expense, |
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(a) | the legal status of the person who performs the function, or |
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(b) | whether the person performs the function by reason of a contractual or |
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other agreement or arrangement. |
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3 | Short title, commencement and extent |
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(1) | This Act may be cited as the Human Rights Act 1998 (Meaning of Public |
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(2) | This Act shall come into force on such day as the Secretary of State shall by |
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(3) | This Act extends to Northern Ireland. |
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