Page:Human Rights Act 1998.pdf/23

Rh

Article 2 Death penalty in time of war A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war; such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions. The State shall communicate to the Secretary General of the Council of Europe the relevant provisions of that law. SCHEDULE 2 Orders 1.—(1) A remedial order may—
 * (a) contain such incidental, supplemental, consequential or transitional provision as the person making it considers appropriate;
 * (b) be made so as to have effect from a date earlier than that on which it is made;
 * (c) make provision for the delegation of specific functions;
 * (d) make different provision for different cases.

(2) The power conferred by sub-paragraph (1)(a) includes—
 * (a) power to amend primary legislation (including primary legislation other than that which contains the incompatible provision); and
 * (b) power to amend or revoke subordinate legislation (including subordinate legislation other than that which contains the incompatible provision).

(3) A remedial order may be made so as to have the same extent as the legislation which it affects.

(4) No person is to be guilty of an offence solely as a result of the retrospective effect of a remedial order. Procedure 2. No remedial order may be made unless—
 * (a) a draft of the order has been approved by a resolution of each House of Parliament made after the end of the period of 60 days beginning with the day on which the draft was laid; or
 * (b) it is declared in the order that it appears to the person making it that, because of the urgency of the matter, it is necessary to make the order without a draft being so approved.

Orders laid in draft 3.—(1) No draft may be laid under paragraph 2(a) unless—
 * (a) the person proposing to make the order has laid before Parliament a document which contains a draft of the proposed order and the required information; and
 * (b) the period of 60 days, beginning with the day on which the document required by this sub-paragraph was laid, has ended.

(2) If representations have been made during that period, the draft laid under paragraph 2(a) must be accompanied by a statement containing—
 * (a) a summary of the representations; and
 * (b) if, as a result of the representations, the proposed order has been changed, details of the changes.