Section 6 — Human Rights Act 1998: Acts of 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 a 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.