Annex: Section 6 of the Human Rights Act
1998
Public Authorities
Acts of public authorities
6.—(1) It is unlawful for a public authority
to act in a way which is incompatible with a Convention right.
(2) Subsection (1) does not apply to an act if—
(a) as the result of one or more provisions
of primary legislation, the authority could not have acted differently;
or
(b) in the case of one or more provisions
of, or made under, primary legislation which cannot be read or
given effect in a way which is compatible with the Convention
rights, the authority was acting so as to give effect to or enforce
those provisions.
(3) In this section "public authority"
includes—
(a) a court or tribunal, and
(b) any person certain of whose functions are
functions of a public nature,
but does not include either House of Parliament or
a person exercising functions in connection with proceedings in
Parliament.
(4) In subsection (3) "Parliament" does
not include the House of Lords in its judicial capacity.
(5) In relation to a particular act, a person is
not a public authority by virtue only of subsection (3)(b) if
the nature of the act is private.
(6) "An act" includes failure to act
but does not include a failure to—
(a) introduce in, or lay before, Parliament
a proposal for legislation; or
(b) make any primary legislation or remedial
order.
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