Page:Human Rights Act 1998.pdf/24

22c. 42

Urgent cases 4.—(1) If a remedial order ("the original order") is made without being approved in draft, the person making it must lay it before Parliament, accompanied by the required information, after it is made.

(2) If representations have been made during the period of 60 days beginning with the day on which the original order was made, the person making it must (after the end of that period) lay before Parliament a statement containing—
 * (a) a summary of the representations; and
 * (b) if, as a result of the representations, he considers it appropriate to make changes to the original order, details of the changes.

(3) If sub-paragraph (2)(b) applies, the person making the statement must—
 * (a) make a further remedial order replacing the original order; and
 * (b) lay the replacement order before Parliament.

(4) If, at the end of the period of 120 days beginning with the day on which the original order was made, a resolution has not been passed by each House approving the original or replacement order, the order ceases to have effect (but without that affecting anything previously done under either order or the power to make a fresh remedial order). Definitions 5. In this Schedule—

"representations" means representations about a remedial order (or proposed remedial order) made to the person making (or proposing to make) it and includes any relevant Parliamentary report or resolution; and

"required information" means—
 * (a) an explanation of the incompatibility which the order (or proposed order) seeks to remove, including particulars of the relevant declaration, finding or order; and
 * (b) a statement of the reasons for proceeding under section 10 and for making an order in those terms.

Calculating periods 6. In calculating any period for the purposes of this Schedule, no account is to be taken of any time during which—
 * (a) Parliament is dissolved or prorogued; or
 * (b) both Houses are adjourned for more than four days.