Human Rights Act 1998
Sections and provisions with full text and the judgments that cite each one.
Section 1 — The Convention Rights.
The Convention Rights. 1 1 In this Act “ the Convention rights ” means the rights and fundamental freedoms set out in— a Articles 2 to 12 and 14 of the Convention, b Articles 1 to 3 of the First…
Section 2 — Interpretation of Convention rights.
Interpretation of Convention rights. 2 1 A court or tribunal determining a question which has arisen in connection with a Convention right must take into account any— a judgment, decision,…
Section 3 — Interpretation of legislation.
Interpretation of legislation. 3 1 So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention…
Section 4 — Declaration of incompatibility.
Declaration of incompatibility. 4 1 Subsection (2) applies in any proceedings in which a court determines whether a provision of primary legislation is compatible with a Convention right. 2 If the…
Section 5 — Right of Crown to intervene.
Right of Crown to intervene. 5 1 Where a court is considering whether to make a declaration of incompatibility, the Crown is entitled to notice in accordance with rules of court. 2 In any case to…
Section 6 — 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…
Section 7 — Proceedings.
Proceedings. 7 1 A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section 6(1) may— a bring proceedings against the authority under this…
Section 7A — Limitation: overseas armed forces proceedings
Limitation: overseas armed forces proceedings 7A 1 A court or tribunal exercising its discretion under section 7(5)(b) in respect of overseas armed forces proceedings must do so— a in accordance with…
Section 8 — Judicial remedies.
Judicial remedies. 8 1 In relation to any act (or proposed act) of a public authority which the court finds is (or would be) unlawful, it may grant such relief or remedy, or make such order, within…
Section 9 — Judicial acts.
Judicial acts. 9 1 Proceedings under section 7(1)(a) in respect of a judicial act may be brought only— a by exercising a right of appeal; b on an application (in Scotland a petition) for judicial…
Section 10 — Power to take remedial action.
Power to take remedial action. 10 1 This section applies if— a a provision of legislation has been declared under section 4 to be incompatible with a Convention right and, if an appeal lies— i all…
Section 11 — Safeguard for existing human rights.
Safeguard for existing human rights. 11 A person’s reliance on a Convention right does not restrict— a any other right or freedom conferred on him by or under any law having effect in any part of the…
Section 12 — Freedom of expression.
Freedom of expression. 12 1 This section applies if a court is considering whether to grant any relief which, if granted, might affect the exercise of the Convention right to freedom of expression. 2…
Section 13 — Freedom of thought, conscience and religion.
Freedom of thought, conscience and religion. 13 1 If a court’s determination of any question arising under this Act might affect the exercise by a religious organisation (itself or its members…
Section 14 — Derogations.
Derogations. 14 1 In this Act “ designated derogation ” means— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . any derogation by the United Kingdom from an Article of the Convention,…
Section 15 — Reservations.
Reservations. 15 1 In this Act “ designated reservation ” means— a the United Kingdom’s reservation to Article 2 of the First Protocol to the Convention; and b any other reservation by the United…
Section 16 — Period for which designated derogations have effect.
Period for which designated derogations have effect. 16 1 If it has not already been withdrawn by the United Kingdom, a designated derogation ceases to have effect for the purposes of this Act— . . .…
Section 17 — Periodic review of designated reservations.
Periodic review of designated reservations. 17 1 The appropriate Minister must review the designated reservation referred to in section 15(1)(a)— a before the end of the period of five years…
Section 18 — Appointment to European Court of Human Rights.
Appointment to European Court of Human Rights. 18 1 In this section “ judicial office ” means the office of— a Lord Justice of Appeal, Justice of the High Court or Circuit judge, in England and…
Section 19 — Statements of compatibility.
Statements of compatibility. 19 1 A Minister of the Crown in charge of a Bill in either House of Parliament must, before Second Reading of the Bill— a make a statement to the effect that in his view…
Section 20 — Orders etc. under this Act.
Orders etc. under this Act. 20 1 Any power of a Minister of the Crown to make an order under this Act is exercisable by statutory instrument. 2 The power of . . . the Lord Chancellor or the Secretary…
Section 21 — Interpretation, etc.
Interpretation, etc. 21 1 In this Act— “ amend ” includes repeal and apply (with or without modifications); “ the appropriate Minister ” means the Minister of the Crown having charge of the…
Section 22 — Short title, commencement, application and extent.
Short title, commencement, application and extent. 22 1 This Act may be cited as the Human Rights Act 1998. 2 Sections 18, 20 and 21(5) and this section come into force on the passing of this Act. 3…