The Human Rights Act 1998 (Amendment) Order 2004

JurisdictionUK Non-devolved
CitationSI 2004/1574

2004 No. 1574

HUMAN RIGHTS

The Human Rights Act 1998 (Amendment) Order 2004

Made 21th June 2004

Coming into force in accordance with article 1

Whereas the United Kingdom ratified Protocol No 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms1, concerning the abolition of the death penalty in all circumstances, on 10th October 2003, and that Protocol2came into force in relation to the United Kingdom on 1st February 2004;

And whereas a draft of this Order has been approved by each House of Parliament;

Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by section 1(4) of the Human Rights Act 19983, 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 (Amendment) Order 2004, and shall come into force on the day after the date on which it is made.

S-2 Amendments to the Human Rights Act 1998

Amendments to the Human Rights Act 1998

2.—(1) In section 1(1)(c) (the Convention rights) of the Human Rights Act 1998 (“the Act”), for “Articles 1 and 2 of the Sixth Protocol” substitute “Article 1 of the Thirteenth Protocol”.

(2) In section 21(1) (interpretation) of the Act omit the definition of “the Sixth Protocol” and insert after the definition of “the Eleventh Protocol”—

““the Thirteenth Protocol” means the protocol to the Convention (concerning the abolition of the death penalty in all circumstances) agreed at Vilnius on 3rd May 2002;”

(3) For Part 3 of Schedule 1 to the Act, substitute—

PART 3

ARTICLE 1 OF THE THIRTEENTH PROTOCOL

Abolition of the death penalty

The death penalty shall be abolished. No one shall be condemned to such penalty or executed.”

Falconer of Thoroton, C

Dated 21 June 2004

(This note is not part of the Order)

This Order is made following the ratification by the United Kingdom of the Thirteenth Protocol to the European Convention on Human Rights (“the Convention”) on 10 October 2003. The Thirteenth Protocol abolishes the death penalty in all circumstances. It supersedes the Sixth Protocol to the Convention, which abolished the death penalty in most circumstances, but permitted States to make provision in their law for the death penalty in respect of acts committed in time of war or of imminent threat of war.

This Order amends the Human Rights Act 1998 by substituting Article 1 of the Thirteenth Protocol for...

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