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Human Rights Act 1998

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Introductory Text

Introduction

1. The Convention Rights.
2. Interpretation of Convention rights.

Legislation

3. Interpretation of legislation.
4. Declaration of incompatibility.
5. Right of Crown to intervene.

Public authorities

6. Acts of public authorities.
7. Proceedings.
8. Judicial remedies.
9. Judicial acts.

Remedial action
10. Power to take remedial action.

Other rights and proceedings

11. Safeguard for existing human rights.
12. Freedom of expression.
13. Freedom of thought, conscience and religion.

Derogations and reservations

14. Derogations.
15. Reservations.
16. Period for which designated derogations have effect.
17. Periodic review of designated reservations.

Judges of the European Court of Human Rights
18. Appointment to European Court of Human Rights.

Parliamentary procedure
19. Statements of compatibility.

Supplemental

20. Orders etc. under this Act.
21. Interpretation, etc.
22. Short title, commencement, application and extent.

SCHEDULES

SCHEDULE 1
The Articles

PART I The Convention Rights and Freedoms

Article 2 Right to life

1.Everyone’s right to life shall be protected by law. No...
2.Deprivation of life shall not be regarded as inflicted in...

Article 3 Prohibition of torture

Article 4 Prohibition of slavery and forced labour

1.No one shall be held in slavery or servitude.
2.No one shall be required to perform forced or compulsory...
3.For the purpose of this Article the term “forced or...

Article 5 Right to liberty and security

1.Everyone has the right to liberty and security of person....
2.Everyone who is arrested shall be informed promptly, in a...
3.Everyone arrested or detained in accordance with the provisions of...
4.Everyone who is deprived of his liberty by arrest or...
5.Everyone who has been the victim of arrest or detention...

Article 6 Right to a fair trial

1.In the determination of his civil rights and obligations or...
2.Everyone charged with a criminal offence shall be presumed innocent...
3.Everyone charged with a criminal offence has the following minimum...

Article 7 No punishment without law

1.No one shall be held guilty of any criminal offence...
2.This Article shall not prejudice the trial and punishment of...

Article 8 Right to respect for private and family life

1.Everyone has the right to respect for his private and...
2.There shall be no interference by a public authority with...

Article 9 Freedom of thought, conscience and religion

1.Everyone has the right to freedom of thought, conscience and...
2.Freedom to manifest one’s religion or beliefs shall be subject...

Article 10 Freedom of expression

1.Everyone has the right to freedom of expression. This right...
2.The exercise of these freedoms, since it carries with it...

Article 11 Freedom of assembly and association

1.Everyone has the right to freedom of peaceful assembly and...
2.No restrictions shall be placed on the exercise of these...

Article 12 Right to marry
Article 14 Prohibition of discrimination
Article 16 Restrictions on political activity of aliens
Article 17 Prohibition of abuse of rights
Article 18 Limitation on use of restrictions on rights

Part II The First Protocol

Article 1 Protection of property
Article 2 Right to education
Article 3 Right to free elections

PART 3 ARTICLE 1 OF THE THIRTEENTH PROTOCOLAbolition of the death penalty
The death penalty shall be abolished. No one shall be...

Part III The Sixth Protocol

Article 1 Abolition of the death penalty
Article 2 Death penalty in time of war

SCHEDULE 2
Remedial Orders

Orders
1.(1) A remedial order may— (a) contain such incidental, supplemental,...

Procedure
2.No remedial order may be made unless—

Orders laid in draft
3.(1) No draft may be laid under paragraph 2(a) unless—...

Urgent cases
4.(1) If a remedial order (“the original order”) is made...

Definitions
5.In this Schedule— “representations” means representations about a remedial order...

Calculating periods

6.In calculating any period for the purposes of this Schedule,...
7.(1) This paragraph applies in relation to–

SCHEDULE 3
Derogation and Reservation

Part I

The 1988 notification
The 1989 notification

PART I DEROGATION

United Kingdom’s derogation from Article 5(1)

The United Kingdom Permanent Representative to the Council of Europe...
Public emergency in the United Kingdom
The Anti-terrorism, Crime and Security Act 2001
Domestic law powers of detention (other than under the Anti-terrorism, Crime and Security Act 2001)
Article 5(1)(f) of the Convention
Derogation under Article 15 of the Convention

Part II Reservation

SCHEDULE 4
Judicial Pensions

Duty to make orders about pensions
1.(1) The appropriate Minister must by order make provision with...

Contributions
2.A pensions order may, in particular, make provision—

Amendments of other enactments
3.A pensions order may amend any provision of, or made...

Definitions
4.In this Schedule— “appropriate Minister” means— in relation to any...