The Human Rights Act 1998 (Remedial) Order 2020

JurisdictionUK Non-devolved
CitationSI 2020/1160

2020 No. 1160

Human Rights

The Human Rights Act 1998 (Remedial) Order 2020

Made 20th October 2020

Coming into force 21th October 2020

It appears to the Secretary of State, following a finding of the European Court of Human Rights in proceedings against the United Kingdom1, that section 9 of the Human Rights Act 19982is incompatible with an obligation of the United Kingdom arising from the Convention3.

The Secretary of State considers that there are compelling reasons for proceeding by way of a remedial order4to make such amendments to section 9 of the Human Rights Act 1998 as the Secretary of State considers necessary to remove the incompatibility.

In accordance with paragraph 2(a) of Schedule 2 to the Human Rights Act 1998, a draft of this instrument was laid before Parliament and was approved by resolution of each House of Parliament, a document containing a draft of this instrument having previously been laid before Parliament in accordance with paragraph 3(1) of that Schedule.

Accordingly, the Secretary of State makes the following Order, in exercise of the powers conferred by section 10(2) of, and paragraph 1(1)(a) and (b), (2) and (3) of Schedule 2 to, the Human Rights Act 1998.

S-1 Citation and commencement

Citation and commencement

1.—(1) This Order may be cited as the Human Rights Act 1998 (Remedial) Order 2020.

(2) This Order comes into force on the day after the day on which it is made.

S-2 Amendment of the Human Rights Act 1998

Amendment of the Human Rights Act 1998

2.—(1) In section 9 of the Human Rights Act 1998 (judicial acts), for subsection (3), substitute—

“In proceedings under this Act in respect of a judicial act done in good faith, damages may not be awarded otherwise than—

(a)

(a) to compensate a person to the extent required by Article 5(5) of the Convention, or

(b)

(b) to compensate a person for a judicial act that is incompatible with Article 6 of the Convention in circumstances where the person is detained and, but for the incompatibility, the person would not have been detained or would not have been detained for so long.”.

(2) The amendment made by paragraph (1) applies in relation to judicial acts occurring before (as well as to those occurring after) this Order comes into force.

Alex Chalk

Parliamentary Under Secretary of State

Ministry of Justice

20th October 2020

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Human Rights...

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