Public authorities
6Acts of public authorities
1
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
b
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.
4
In subsection (3) “Parliament” does not include the House of Lords in its judicial capacity.
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.