Public authorities

C3C56 Acts of public authorities.

C11

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

C2C4b

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.

F14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.