Page:Human Rights Act 1998.pdf/6

4c. 42 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) In subsection (3) "Parliament" does not include the House of Lords in its judicial capacity.

(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.

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 (1) may—
 * (a) bring proceedings against the authority under this Act in the appropriate court or tribunal, or
 * (b) rely on the Convention right or rights concerned in any legal proceedings,

but only if he is (or would be) a victim of the unlawful act.

(2) in subsection (1)(a) "appropriate court or tribunal" means such court or tribunal as may be determined in accordance with rules, and proceedings against an authority include a counterclaim or similar proceeding.

(3) If the proceedings are brought on an application for judicial review, the applicant is to be taken to have a sufficient interest in relation to the unlawful act only if he is, or would be, a victim of that act.

(4) If the proceedings are made by way of a petition for judicial review in Scotland, the applicant shall be taken to have title and interest to sue in relation to the unlawful act only if he is, or would be, a victim of that act.

(5) Proceedings under subsection (1)(a) must be brought before the end of—
 * (a) the period of one year beginning with the date on which the act complained of took place; or