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clarify
the meaning of “public authority” 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 a body is 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 carried out by a public |
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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 |
Meaning
of public authority |
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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 has the same extent
as the provisions of the Human Rights
Act 1998 |
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