Human Rights Act 1998

JurisdictionUK Non-devolved
Citation1998 c. 42
Articles 2 to 12 and 14 of the Convention,Articles 1 to 3 of the First Protocol, andF1Article 1 of the Thirteenth Protocol,(2) Those Articles are to have effect for the purposes of this Act subject to any designated derogation or reservation (as to which see sections 14 and 15) .(3) The Articles are set out in Schedule 1.(4) The F2Secretary of State may by order make such amendments to this Act as he considers appropriate to reflect the effect, in relation to the United Kingdom, of a protocol.which the United Kingdom has ratified; orwhich the United Kingdom has signed with a view to ratification.(6) No amendment may be made by an order under subsection (4) so as to come into force before the protocol concerned is in force in relation to the United Kingdom.judgment, decision, declaration or advisory opinion of the European Court of Human Rights,opinion of the Commission given in a report adopted under Article 31 of the Convention,decision of the Commission in connection with Article 26 or 27(2) of the Convention, ordecision of the Committee of Ministers taken under Article 46 of the Convention,(2) Evidence of any judgment, decision, declaration or opinion of which account may have to be taken under this section is to be given in proceedings before any court or tribunal in such manner as may be provided by rules.by by the Secretary of State, in relation to proceedings in Scotland; orwhich deals with transferred matters; andfor which no rules made under paragraph (a) are in force.(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 rights.applies to primary legislation and subordinate legislation whenever enacted;does not affect the validity, continuing operation or enforcement of any incompatible primary legislation; anddoes not affect the validity, continuing operation or enforcement of any incompatible subordinate legislation if (disregarding any possibility of revocation) primary legislation prevents removal of the incompatibility.(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 court is satisfied that the provision is incompatible with a Convention right, it may make a declaration of that incompatibility.(3) Subsection (4) applies in any proceedings in which a court determines whether a provision of subordinate legislation, made in the

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