Human Rights Act 1998

Question 1

Section 2

Answer 1

Section 2 - The Interpretation of Convention Rights

(1) A Court or tribunal determining a question which has arisen in connection with a convention right MUST TAKE INTO ACCOUNT any-
a. ) judgement, decision, declaration or advisory opinion of the European Court of Human Rights

Question 2

Section 3

Answer 2

Section 3 - Interpretation of Legislation

(1) SO FAR AS IS POSSIBLE TO DO SO, primary legislation and subordinate legislation MUST be READ AND GIVEN EFFECT TO IN A WAY WHICH IS COMPATIBLE WITH THE CONVENTION RIGHTS.
(2) this section applies
(a) to primary legislation and subordinate legislation whenever enacted;
(b) does not affect the validity, continuing operation or enforcement of any incompatible primary legalisation

Question 3

Section 4

Answer 3

Section 4 - Declaration of Incompatibility

(2) if the court is satisfied that the provision is incompatible with a Conservation right, it MAY make a DECLARATION OF THAT INCOMPATIBILITY
(4) if the court is satisfied:
(a) that the provision is incompatible with a Convention right,
(b) that the primary legislation concerned prevents the removal of the incompatibility
(6) a declaration under this section -
(a) does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given; and
(b) is not binding on the parties to the proceedings in which it is made

Question 4

Section 6

Answer 4

Section 6- Acts of Public Authorities

(1) it is UNLAWFUL FOR A PUBLIC AUTHORITY TO ACT IN A WAY WHICH IS INCOMPATIBLE WITH A CONVENTION RIGHT
(2) this does not apply if:
(a) as a result of one or more provisions of primary legislation, the authority could not have acted differently; or
(3) in this section “public authority” includes:
(a) a court or tribunal
(b) any person certain of whose function are funactions of a public nature
(4) parliament is not included as a public authority
(5) in relation to a particular act, a person is not a public authority by virtue of s.6(3)(b) if the nature of the act is private

Question 5

Section 7

Answer 5

Outlines the victim principle

Question 6

Section 10

Answer 6

Section 10 - Power to take remedial action
(1) if a declaration of incompatibility has been issues then a minister of the crown may, if there are compelling reasons to do so, they may make an order to remove that incompatibility

Question 7

Section 19

Answer 7

Section 19 - Statements of Compatibility
this section requires a minister when proposing a bill to parliament to make a statement that it is compatible with the HRA.
(however this is made at the second reading)