Joint Committee On Human Rights Seventh Report


Summary of Procedure on Remedial Orders

1. UK court makes declaration of incompatibility under s.4 of Human Rights Act 1998


European Court of Human Rights judgement appears to indicate incompatibility in UK law

2. When legal process is exhausted or discontinued Minister decides there are compelling reasons to proceed by means of Remedial Order to remedy the incompatibility



3. Remedial Order made and laid before Parliament

Representations, including any Report from JCHR, may be made within 60 days* of the Order being made

3. Proposal for a draft Remedial Order laid before Parliament.

Representations, including Report from JCHR, must be made within 60 days* of the Proposal being laid. JCHR must report within this period.

4. After these 60 days* have expired, if representations have been received the Minister must report these to both Houses, and may choose to make and lay a replacement Order.

4. After these 60 days* have expired, Minister may lay a draft Order before Parliament, together with statement of any representations received on Proposal and any changes made.

5. Original Order or replacement Order must be approved by both Houses within 120 days* of the making of the original Order, or it ceases to be of effect.

JCHR required to report at least once during the statutory period.

Once approved by both Houses, Order becomes of permanent effect.

5. During a further period of 60 days* the JCHR must report whether the draft should be approved.

Motion to approve the draft Order cannot be made until 60 days* have passed from date of laying of draft Order.

Once approved by both Houses, Order may be made and brought into effect.

* Exclusive of any period when Parliament is prorogued or dissolved or both Houses are adjourned for more than four days

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Prepared 19 December 2001