Amendment of the Human Rights Act 1998
This section has no associated Explanatory Memorandum
2.—(1) In section 9 of the Human Rights Act 1998 (judicial acts), for subsection (3), substitute—
“(3) In proceedings under this Act in respect of a judicial act done in good faith, damages may not be awarded otherwise than—
(a)to compensate a person to the extent required by Article 5(5) of the Convention, or
(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.