Human Rights Act 1998 (Designated Derogation) Order 2001

JurisdictionUK Non-devolved
CitationSI 2001/3644
Year2001

2001 No. 3644

HUMAN RIGHTS

The Human Rights Act 1998 (Designated Derogation) Order 2001

Made 11th November 2001

Laid before Parliament 12th November 2001

Coming into force 13th November 2001

Whereas the United Kingdom is proposing to derogate from Article 5(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”), agreed by the Council of Europe at Rome on 4th November 1950;

Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by section 14(1) and (6) of the Human Rights Act 1998 (“the 1998 Act”)1, hereby makes the following Order:

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Human Rights Act 1998 (Designated Derogation) Order 2001 and shall come into force on 13th November 2001.

S-2 Designation of proposed derogation

Designation of proposed derogation

2. The proposed derogation by the United Kingdom from Article 5(1) of the Convention, set out in the Schedule to this Order, is hereby designated for the purposes of the 1998 Act in anticipation of the making by the United Kingdom of the proposed derogation.

David Blunkett

One of Her Majesty’s Principal Secretaries of State

Home Office

11th November 2001

SCHEDULE

PROPOSED DEROGATION

Article 2

PROPOSED DEROGATION

Proposed notification of the United Kingdom’s derogation from Article 5 (1)

Proposed notification of the United Kingdom’s derogation from Article 5 (1)

The United Kingdom Permanent Representative to the Council of Europe presents his compliments to the Secretary General of the Council, and has the honour to convey the following information in order to ensure compliance with the obligations of Her Majesty’s Government in the United Kingdom under Article 15(3) of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950.

Public emergency in the United Kingdom

The terrorist attacks in New York, Washington, D.C. and Pennsylvania on 11th September 2001 resulted in several thousand deaths, including many British victims and others from 70 different countries. In its resolutions 1368 (2001) and 1373 (2001), the United Nations Security Council recognised the attacks as a threat to international peace and security.

The threat from international terrorism is a continuing one. In its resolution 1373 (2001), the Security Council, acting under Chapter VII of the United Nations Charter, required all States to take measures to prevent the commission of terrorist attacks, including by denying safe haven to those who finance, plan, support or commit terrorist attacks.

There exists a terrorist threat to the United Kingdom from persons suspected of involvement in international terrorism. In particular, there are foreign nationals present in the United Kingdom who are suspected of being concerned in the commission, preparation or instigation of acts of international terrorism, of being members of organisations or groups which are so concerned or of having links with members of such...

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