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Status: This version of this Act contains provisions that no longer have effect. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Human Rights Act 1998. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)
Human Rights Act 1998
1998 CHAPTER 42
An Act to give further effect to rights and freedoms guaranteed under the European
Convention on Human Rights; to make provision with respect to holders of certain
judicial offices who become judges of the European Court of Human Rights; and for
connected purposes. [9th November 1998] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the
Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the
authority of the same, as follows:—
Annotations:
Extent Information
E1 For the extent of this Act outside the U.K., see s. 22(6)(7)
Modifications etc. (not altering text)
C1 Act: certain functions of the Secretary of State transferred to the Lord Chancellor (26.11.2001) by S.I.
2001/3500 , arts. 3 , 4, Sch. 1 para. 5
C2 Act (except ss. 5, 10, 18, 19 and Sch. 4): Functions of the Lord Chancellor transferred to the Secretary
of State, and all property, rights and liabilities to which the Lord Chancellor is entitled or subject to
in connection with any such function transferred to the Secretary of State for Constitutional Affairs
(19.8.2003) by S.I. 2003/1887 , art. 4 , Sch. 1
Annotations:
Extent Information
E1 For the extent of this Act outside the U.K., see s. 22(6)(7)
Modifications etc. (not altering text)
C1 Act: certain functions of the Secretary of State transferred to the Lord Chancellor (26.11.2001) by S.I.
2001/3500 , arts. 3 , 4, Sch. 1 para. 5

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C2 Act (except ss. 5, 10, 18, 19 and Sch. 4): Functions of the Lord Chancellor transferred to the Secretary
of State, and all property, rights and liabilities to which the Lord Chancellor is entitled or subject to
in connection with any such function transferred to the Secretary of State for Constitutional Affairs
(19.8.2003) by S.I. 2003/1887 , art. 4 , Sch. 1
Introduction
1 The Convention Rights.
(1) In this Act “the Convention rights” means the rights and fundamental freedoms set out
in—
(a) Articles 2 to 12 and 14 of the Convention,
(b) Articles 1 to 3 of the First Protocol, and
(c) [F1Article 1 of the Thirteenth Protocol ],
as read with Articles 16 to 18 of the Convention.
(2) Those Articles are to have effect for the purposes of this Act subject to any designated
derogation or reservation (as to which see sections 14 and 15).
(3) The Articles are set out in Schedule 1.
(4) The [F2Secretary of State ] may by order make such amendments to this Act as he
considers appropriate to reflect the effect, in relation to the United Kingdom, of a
protocol.
(5) In subsection (4) “protocol” means a protocol to the Convention—
(a) which the United Kingdom has ratified; or
(b) which the United Kingdom has signed with a view to ratification.
(6) No amendment may be made by an order under subsection (4) so as to come into force
before the protocol concerned is in force in relation to the United Kingdom.
Annotations:
Amendments (Textual)
F1 Words in s. 1(1)(c) substituted (22.6.2004) by The Human Rights Act 1998 (Amendment) Order 2004
(S. I. 2004/1574), {art. 2(1)}
F2 Words in s. 1 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.
I. 2003/1887), art. 9, {Sch. 2 para. 10(1)}
2 Interpretation of Convention rights.
(1) A court or tribunal determining a question which has arisen in connection with a
Convention right must take into account any—
(a) judgment, decision, declaration or advisory opinion of the European Court of
Human Rights,
(b) opinion of the Commission given in a report adopted under Article 31 of the
Convention,
(c) decision of the Commission in connection with Article 26 or 27(2) of the
Convention, or

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(d) decision of the Committee of Ministers taken under Article 46 of the
Convention,
whenever made or given, so far as, in the opinion of the court or tribunal, it is relevant
to the proceedings in which that question has arisen.
(2) Evidence of any judgment, decision, declaration or opinion of which account may have
to be taken under this section is to be given in proceedings before any court or tribunal
in such manner as may be provided by rules.
(3) In this section “rules” means rules of court or, in the case of proceedings before a
tribunal, rules made for the purposes of this section—
(a) by F3. . . [F4the Lord Chancellor or ] the Secretary of State, in relation to any
proceedings outside Scotland;
(b) by the Secretary of State, in relation to proceedings in Scotland; or
(c) by a Northern Ireland department, in relation to proceedings before a tribunal
in Northern Ireland—
(i) which deals with transferred matters; and
(ii) for which no rules made under paragraph (a) are in force.
Annotations:
Amendments (Textual)
F3 Words in s. 2(3)(a) repealed (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003
(S. I. 2003/1887), art. 9, {Sch. 2 para. 10(2)}
F4 Words in s. 2(3)(a) inserted (12.1.2006) by The Transfer of Functions (Lord Chancellor and Secretary of
State) Order 2005 (S.I. 2005/3429) , art. 8 , Sch. para. 3
Modifications etc. (not altering text)
C3 S. 2(3)(a) : functions of the Secretary of State to be exercisable concurrently with the Lord Chancellor
(12.1.2006) by The Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I.
2005/3429) , art. 3(2) (with arts. 4 , 5)
Legislation
3 Interpretation of legislation.
(1) So far as it is possible to do so, primary legislation and subordinate legislation must be
read and given effect in a way which is compatible with the Convention rights.
(2) This section—
(a) applies to primary legislation and subordinate legislation whenever enacted;
(b) does not affect the validity, continuing operation or enforcement of any
incompatible primary legislation; and
(c) does not affect the validity, continuing operation or enforcement of any
incompatible subordinate legislation if (disregarding any possibility of
revocation) primary legislation prevents removal of the incompatibility.

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4 Declaration of incompatibility.
(1) Subsection (2) applies in any proceedings in which a court determines whether a
provision of primary legislation is compatible with a Convention right.
(2) If the court is satisfied that the provision is incompatible with a Convention right, it
may make a declaration of that incompatibility.
(3) Subsection (4) applies in any proceedings in which a court determines whether a
provision of subordinate legislation, made in the exercise of a power conferred by
primary legislation, is compatible with a Convention right.
(4) If the court is satisfied—
(a) that the provision is incompatible with a Convention right, and
(b) that (disregarding any possibility of revocation) the primary legislation
concerned prevents removal of the incompatibility,
it may make a declaration of that incompatibility.
(5) In this section “court” means—
[F5(a) the Supreme Court; ] (b) the Judicial Committee of the Privy Council;
(c) the [F6Court Martial Appeal Court ] ;
(d) in Scotland, the High Court of Justiciary sitting otherwise than as a trial court
or the Court of Session;
(e) in England and Wales or Northern Ireland, the High Court or the Court of
Appeal.
[F7(f) the Court of Protection, in any matter being dealt with by the President of the
Family Division, the Vice-Chancellor or a puisne judge of the High Court. ] (6) A declaration under this section (“a declaration of incompatibility”)—
(a) does not affect the validity, continuing operation or enforcement of the
provision in respect of which it is given; and
(b) is not binding on the parties to the proceedings in which it is made.
Annotations:
Amendments (Textual)
F5 S. 4(5)(a) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4) , ss. 40 , 148 , Sch. 9 para.
66(2) ; S.I. 2009/1604 , art. 2(d)
F6 Words in s. 4(5)(c) substituted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed
Forces Act 2006 (c. 52) , ss. 378 , 383 , Sch. 16 para. 156 ; S.I. 2009/812 , art. 3 (with transitional
provisions in S.I. 2009/1059 ); S.I. 2009/1167 , art. 4
F7 S. 4(5)(f) inserted (1.10.2007) by Mental Capacity Act 2005 (c. 9) , ss. 67(1) , 68(1)-(3) , Sch. 6 para. 43
(with ss. 27 , 28, 29, 62); S.I. 2007/1897 , art. 2(1)(c)(d)
5 Right of Crown to intervene.
(1) Where a court is considering whether to make a declaration of incompatibility, the
Crown is entitled to notice in accordance with rules of court.
(2) In any case to which subsection (1) applies—

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(a) a Minister of the Crown (or a person nominated by him),
(b) a member of the Scottish Executive,
(c) a Northern Ireland Minister,
(d) a Northern Ireland department,
is entitled, on giving notice in accordance with rules of court, to be joined as a party
to the proceedings.
(3) Notice under subsection (2) may be given at any time during the proceedings.
(4) A person who has been made a party to criminal proceedings (other than in Scotland)
as the result of a notice under subsection (2) may, with leave, appeal to the [F8Supreme
Court ] against any declaration of incompatibility made in the proceedings.
(5) In subsection (4)—
“criminal proceedings” includes all proceedings before the [F9Court Martial
Appeal Court ]; and
“leave” means leave granted by the court making the declaration of
incompatibility or by the [F10 Supreme Court ] Annotations:
Amendments (Textual)
F8 Words in s. 5(4) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4) , ss. 40 , 148 , Sch. 9
para. 66(3) ; S.I. 2009/1604 , art. 2(d)
F9 Words in s. 5(5) substituted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces
Act 2006 (c. 52) , ss. 378 , 383 , Sch. 16 para. 157 ; S.I. 2009/812 , art. 3 (with transitional provisions in
S.I. 2009/1059 ); S.I. 2009/1167 , art. 4
F10 Words in s. 5(5) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4) , ss. 40 , 148 , Sch. 9
para. 66(3) ; S.I. 2009/1604 , art. 2(d)
Public authorities
6 Acts 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.

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(4) F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
Annotations:
Amendments (Textual)
F11 S. 6(4) repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4) , ss. 40 , 146 , 148 , Sch. 9 para.
66(4) , Sch. 18 Pt. 5 ; S.I. 2009/1604 , art. 2(d)(f)
Modifications etc. (not altering text)
C4 S. 6(1) applied (2.10.2000) by 1999 c. 33 , ss. 65(2) , 170(4) ; S.I. 2000/2444 , art. 2 , Sch. 1 (subject to
transitional provisions in arts. 3 , 4, Sch. 2 )
C5 S. 6(3)(b) modified (1.12.2008 with exception in art. 2(2) of commencing S.I.) by Health and Social
Care Act 2008 (c. 14) , ss. 145(1)-(4) , 170 (with s. 145(5) ); S.I. 2008/2994 , art. 2(1)
7 Proceedings.
(1) A person who claims that a public authority has acted (or proposes to act) in a way
which is made unlawful by section 6(1) may—
(a) bring proceedings against the authority under this Act in the appropriate court
or tribunal, or
(b) rely on the Convention right or rights concerned in any legal proceedings,
but only if he is (or would be) a victim of the unlawful act.
(2) In subsection (1)(a) “appropriate court or tribunal” means such court or tribunal as may
be determined in accordance with rules; and proceedings against an authority include
a counterclaim or similar proceeding.
(3) If the proceedings are brought on an application for judicial review, the applicant is
to be taken to have a sufficient interest in relation to the unlawful act only if he is, or
would be, a victim of that act.
(4) If the proceedings are made by way of a petition for judicial review in Scotland, the
applicant shall be taken to have title and interest to sue in relation to the unlawful act
only if he is, or would be, a victim of that act.
(5) Proceedings under subsection (1)(a) must be brought before the end of—
(a) the period of one year beginning with the date on which the act complained of
took place; or
(b) such longer period as the court or tribunal considers equitable having regard
to all the circumstances,
but that is subject to any rule imposing a stricter time limit in relation to the procedure
in question.
(6) In subsection (1)(b) “legal proceedings” includes—
(a) proceedings brought by or at the instigation of a public authority; and

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(b) an appeal against the decision of a court or tribunal.
(7) For the purposes of this section, a person is a victim of an unlawful act only if he would
be a victim for the purposes of Article 34 of the Convention if proceedings were brought
in the European Court of Human Rights in respect of that act.
(8) Nothing in this Act creates a criminal offence.
(9) In this section “rules” means—
(a) in relation to proceedings before a court or tribunal outside Scotland, rules made
by F12 . . . [F13 the Lord Chancellor or ] the Secretary of State for the purposes of
this section or rules of court,
(b) in relation to proceedings before a court or tribunal in Scotland, rules made by
the Secretary of State for those purposes,
(c) in relation to proceedings before a tribunal in Northern Ireland—
(i) which deals with transferred matters; and
(ii) for which no rules made under paragraph (a) are in force,
rules made by a Northern Ireland department for those purposes,
and includes provision made by order under section 1 of the M1Courts and Legal Services
Act 1990.
(10) In making rules, regard must be had to section 9.
(11) The Minister who has power to make rules in relation to a particular tribunal may, to the
extent he considers it necessary to ensure that the tribunal can provide an appropriate
remedy in relation to an act (or proposed act) of a public authority which is (or would
be) unlawful as a result of section 6(1), by order add to—
(a) the relief or remedies which the tribunal may grant; or
(b) the grounds on which it may grant any of them.
(12) An order made under subsection (11) may contain such incidental, supplemental,
consequential or transitional provision as the Minister making it considers appropriate.
(13) “The Minister” includes the Northern Ireland department concerned.
Annotations:
Amendments (Textual)
F12 Words in s. 7(9)(a) repealed (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003
(S. I. 2003/1887), art. 9, {Sch. 2 para. 10(2)}
F13 Words in s. 7(9)(a) inserted (12.1.2006) by The Transfer of Functions (Lord Chancellor and Secretary of
State) Order 2005 (S.I. 2005/3429) , art. 8 , Sch. para. 3 ,
Modifications etc. (not altering text)
C6 S. 7 amended (2.10.2000) by Regulation of Investigatory Powers Act 2000 (c. 23) , ss. 65(2)(a) , 83 (with
s. 82(3); S.I. 2000/2543 , art. 3
C7 S. 7 : referred to (11.3.2005) by Prevention of Terrorism Act 2005 ( c. 2), {s. 11(2)}
C8 S. 7(9)(a) : functions of the Secretary of State to be exercisable concurrently with the Lord Chancellor
(12.1.2006) by The Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I.
2005/3429) , art. 3(2) (with arts. 4 , 5)
C9 S. 7(11) : functions of the Secretary of State to be exercisable concurrently with the Lord Chancellor
(12.1.2006) by The Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I.
2005/3429) , art. 3(2) (with arts. 4 , 5)

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Marginal Citations
M1 1990 c. 41 .
8 Judicial remedies.
(1) In relation to any act (or proposed act) of a public authority which the court finds is (or
would be) unlawful, it may grant such relief or remedy, or make such order, within its
powers as it considers just and appropriate.
(2) But damages may be awarded only by a court which has power to award damages, or
to order the payment of compensation, in civil proceedings.
(3) No award of damages is to be made unless, taking account of all the circumstances of
the case, including—
(a) any other relief or remedy granted, or order made, in relation to the act in
question (by that or any other court), and
(b) the consequences of any decision (of that or any other court) in respect of that
act,
the court is satisfied that the award is necessary to afford just satisfaction to the person
in whose favour it is made.
(4) In determining—
(a) whether to award damages, or
(b) the amount of an award,
the court must take into account the principles applied by the European Court of Human
Rights in relation to the award of compensation under Article 41 of the Convention.
(5) A public authority against which damages are awarded is to be treated—
(a) in Scotland, for the purposes of section 3 of the M2Law Reform (Miscellaneous
Provisions) (Scotland) Act 1940 as if the award were made in an action of
damages in which the authority has been found liable in respect of loss or
damage to the person to whom the award is made;
(b) for the purposes of the M3Civil Liability (Contribution) Act 1978 as liable in
respect of damage suffered by the person to whom the award is made.
(6) In this section—
“court” includes a tribunal;
“damages” means damages for an unlawful act of a public authority; and
“unlawful” means unlawful under section 6(1).
Annotations:
Marginal Citations
M2 1940 c. 42 .
M3 1978 c. 47 .
9 Judicial acts.
(1) Proceedings under section 7(1)(a) in respect of a judicial act may be brought only—
(a) by exercising a right of appeal;

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(b) on an application (in Scotland a petition) for judicial review; or
(c) in such other forum as may be prescribed by rules.
(2) That does not affect any rule of law which prevents a court from being the subject of
judicial review.
(3) In proceedings under this Act in respect of a judicial act done in good faith, damages
may not be awarded otherwise than to compensate a person to the extent required by
Article 5(5) of the Convention.
(4) An award of damages permitted by subsection (3) is to be made against the Crown; but
no award may be made unless the appropriate person, if not a party to the proceedings,
is joined.
(5) In this section—
“appropriate person” means the Minister responsible for the court concerned,
or a person or government department nominated by him;
“court” includes a tribunal;
“judge” includes a member of a tribunal, a justice of the peace [F14 (or, in
Northern Ireland, a lay magistrate) ] and a clerk or other officer entitled to
exercise the jurisdiction of a court;
“judicial act” means a judicial act of a court and includes an act done on the
instructions, or on behalf, of a judge; and
“rules” has the same meaning as in section 7(9).
Annotations:
Amendments (Textual)
F14 Words in definition s. 9(5) inserted (N.I.)(1.4.2005) by 2002 c. 26 , s. 10(6) , Sch. 4 para. 39 ; S.R.
2005/109 , art. 2 Sch.
Remedial action
10 Power to take remedial action.
(1) This section applies if—
(a) a provision of legislation has been declared under section 4 to be incompatible
with a Convention right and, if an appeal lies—
(i) all persons who may appeal have stated in writing that they do not
intend to do so;
(ii) the time for bringing an appeal has expired and no appeal has been
brought within that time; or
(iii) an appeal brought within that time has been determined or abandoned;
or
(b) it appears to a Minister of the Crown or Her Majesty in Council that, having
regard to a finding of the European Court of Human Rights made after the
coming into force of this section in proceedings against the United Kingdom,
a provision of legislation is incompatible with an obligation of the United
Kingdom arising from the Convention.

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(2) If a Minister of the Crown considers that there are compelling reasons for proceeding
under this section, he may by order make such amendments to the legislation as he
considers necessary to remove the incompatibility.
(3) If, in the case of subordinate legislation, a Minister of the Crown considers—
(a) that it is necessary to amend the primary legislation under which the subordinate
legislation in question was made, in order to enable the incompatibility to be
removed, and
(b) that there are compelling reasons for proceeding under this section,
he may by order make such amendments to the primary legislation as he considers
necessary.
(4) This section also applies where the provision in question is in subordinate legislation
and has been quashed, or declared invalid, by reason of incompatibility with a
Convention right and the Minister proposes to proceed under paragraph 2(b) of
Schedule 2.
(5) If the legislation is an Order in Council, the power conferred by subsection (2) or (3)
is exercisable by Her Majesty in Council.
(6) In this section “legislation” does not include a Measure of the Church Assembly or of
the General Synod of the Church of England.
(7) Schedule 2 makes further provision about remedial orders.
Other rights and proceedings
11 Safeguard for existing human rights.
A person’s reliance on a Convention right does not restrict—
(a) any other right or freedom conferred on him by or under any law having effect
in any part of the United Kingdom; or
(b) his right to make any claim or bring any proceedings which he could make or
bring apart from sections 7 to 9.
12 Freedom of expression.
(1) This section applies if a court is considering whether to grant any relief which, if
granted, might affect the exercise of the Convention right to freedom of expression.
(2) If the person against whom the application for relief is made (“the respondent”) is
neither present nor represented, no such relief is to be granted unless the court is satisfied
—
(a) that the applicant has taken all practicable steps to notify the respondent; or
(b) that there are compelling reasons why the respondent should not be notified.
(3) No such relief is to be granted so as to restrain publication before trial unless the court is
satisfied that the applicant is likely to establish that publication should not be allowed.
(4) The court must have particular regard to the importance of the Convention right
to freedom of expression and, where the proceedings relate to material which the
respondent claims, or which appears to the court, to be journalistic, literary or artistic
material (or to conduct connected with such material), to—

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(a) the extent to which—
(i) the material has, or is about to, become available to the public; or
(ii) it is, or would be, in the public interest for the material to be published;
(b) any relevant privacy code.
(5) In this section—
“court” includes a tribunal; and
“relief” includes any remedy or order (other than in criminal proceedings).
13 Freedom of thought, conscience and religion.
(1) If a court’s determination of any question arising under this Act might affect the exercise
by a religious organisation (itself or its members collectively) of the Convention right
to freedom of thought, conscience and religion, it must have particular regard to the
importance of that right.
(2) In this section “court” includes a tribunal.
Derogations and reservations
14 Derogations.
(1) In this Act “designated derogation” means— F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any derogation by the United Kingdom from an Article of the Convention, or of
any protocol to the Convention, which is designated for the purposes of this Act
in an order made by the [F16 Secretary of State ] F17 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) If a designated derogation is amended or replaced it ceases to be a designated
derogation.
(4) But subsection (3) does not prevent the [F18 Secretary of State ] from exercising his power
under subsection (1) F19 . . . to make a fresh designation order in respect of the Article
concerned.
(5) The [F20 Secretary of State ] must by order make such amendments to Schedule 3 as he
considers appropriate to reflect—
(a) any designation order; or
(b) the effect of subsection (3).
(6) A designation order may be made in anticipation of the making by the United Kingdom
of a proposed derogation.
Annotations:
Amendments (Textual)
F15 S. 14(1) : from “(a)” to “(b)” repealed (1.4.2001) by S.I. 2001/1216 , art. 2(a)
F16 Words in s. 14 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003
(S. I. 2003/1887), art. 9, {Sch. 2 para. 10(1)}
F17 S. 14(2) repealed (1.4.2001) by S.I. 2001/1216 , art. 2(b)

12 Human Rights Act 1998 (c. 42) Document Generated: 2011-04-02 Status: This version of this Act contains provisions that no longer have effect. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Human Rights Act 1998. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)
F18 Words in s. 14 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003
(S. I. 2003/1887), art. 9, {Sch. 2 para. 10(1)}
F19 S. 14(4) : “(b)” repealed (1.4.2001) by S.I. 2001/1216 , art. 2(c)
F20 Words in s. 14 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003
(S. I. 2003/1887), art. 9, {Sch. 2 para. 10(1)}
15 Reservations.
(1) In this Act “designated reservation” means—
(a) the United Kingdom’s reservation to Article 2 of the First Protocol to the
Convention; and
(b) any other reservation by the United Kingdom to an Article of the Convention,
or of any protocol to the Convention, which is designated for the purposes of
this Act in an order made by the [F21 Secretary of State ] .
(2) The text of the reservation referred to in subsection (1)(a) is set out in Part II of
Schedule 3.
(3) If a designated reservation is withdrawn wholly or in part it ceases to be a designated
reservation.
(4) But subsection (3) does not prevent the [F22 Secretary of State ] from exercising his
power under subsection (1)(b) to make a fresh designation order in respect of the Article
concerned.
(5) [F23 Secretary of State ] must by order make such amendments to this Act as he considers
appropriate to reflect—
(a) any designation order; or
(b) the effect of subsection (3).
Annotations:
Amendments (Textual)
F21 Words in s. 15 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003
(S. I. 2003/1887), art. 9, {Sch. 2 para. 10(1)}
F22 Words in s. 15 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003
(S. I. 2003/1887), art. 9, {Sch. 2 para. 10(1)}
F23 Words in s. 15 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003
(S. I. 2003/1887), art. 9, {Sch. 2 para. 10(1)}
16 Period for which designated derogations have effect.
(1) If it has not already been withdrawn by the United Kingdom, a designated derogation
ceases to have effect for the purposes of this Act— F24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . ., at the end of the period of five years beginning with the date on which the
order designating it was made.
(2) At any time before the period—
(a) fixed by subsection (1) F25 . . ., or
(b) extended by an order under this subsection,

Human Rights Act 1998 (c. 42)Document Generated: 2011-04-02 13 Status: This version of this Act contains provisions that no longer have effect. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Human Rights Act 1998. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)
comes to an end, the [F26 Secretary of State ] may by order extend it by a further period
of five years.
(3) An order under section 14(1) F27 . . . ceases to have effect at the end of the period for
consideration, unless a resolution has been passed by each House approving the order.
(4) Subsection (3) does not affect—
(a) anything done in reliance on the order; or
(b) the power to make a fresh order under section 14(1) . . ..
(5) In subsection (3) “period for consideration” means the period of forty days beginning
with the day on which the order was made.
(6) In calculating the period for consideration, no account is to be taken of any time during
which—
(a) Parliament is dissolved or prorogued; or
(b) both Houses are adjourned for more than four days.
(7) If a designated derogation is withdrawn by the United Kingdom, the [F28 Secretary of
State ] must by order make such amendments to this Act as he considers are required
to reflect that withdrawal.
Annotations:
Amendments (Textual)
F24 S. 16(1) : words from “(a)” to “any other derogation” repealed (1.4.2001) by S.I. 2001/1216 , art. 3(a)
F25 Words in s. 16(2)(a) repealed (1.4.2001) by S.I. 2001/1216 , art. 3(b)
F26 Words in s. 16 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003
(S. I. 2003/1887), art. 9, {Sch. 2 para. 10(1)}
F27 S. 16(3)(4)(b) : “(b)” repealed (1.4.2001) by S.I. 2001/1216 , art. 3(c)(d)
F28 Words in s. 16 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003
(S. I. 2003/1887), art. 9, {Sch. 2 para. 10(1)}
17 Periodic review of designated reservations.
(1) The appropriate Minister must review the designated reservation referred to in
section 15(1)(a)—
(a) before the end of the period of five years beginning with the date on which
section 1(2) came into force; and
(b) if that designation is still in force, before the end of the period of five years
beginning with the date on which the last report relating to it was laid under
subsection (3).
(2) The appropriate Minister must review each of the other designated reservations (if any)
—
(a) before the end of the period of five years beginning with the date on which the
order designating the reservation first came into force; and
(b) if the designation is still in force, before the end of the period of five years
beginning with the date on which the last report relating to it was laid under
subsection (3).
(3) The Minister conducting a review under this section must prepare a report on the result
of the review and lay a copy of it before each House of Parliament.

14 Human Rights Act 1998 (c. 42) Document Generated: 2011-04-02 Status: This version of this Act contains provisions that no longer have effect. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Human Rights Act 1998. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)
Judges of the European Court of Human Rights
18 Appointment to European Court of Human Rights.
(1) In this section “judicial office” means the office of—
(a) Lord Justice of Appeal, Justice of the High Court or Circuit judge, in England
and Wales;
(b) judge of the Court of Session or sheriff, in Scotland;
(c) Lord Justice of Appeal, judge of the High Court or county court judge, in
Northern Ireland.
(2) The holder of a judicial office may become a judge of the European Court of Human
Rights (“the Court”) without being required to relinquish his office.
(3) But he is not required to perform the duties of his judicial office while he is a judge
of the Court.
(4) In respect of any period during which he is a judge of the Court—
(a) a Lord Justice of Appeal or Justice of the High Court is not to count as a judge
of the relevant court for the purposes of section 2(1) or 4(1) of the [F29 Senior
Courts Act 1981 ](maximum number of judges) nor as a judge of the [F30 Senior
Courts ] for the purposes of section 12(1) to (6) of that Act (salaries etc.);
(b) a judge of the Court of Session is not to count as a judge of that court for the
purposes of section 1(1) of the M4Court of Session Act 1988 (maximum number
of judges) or of section 9(1)(c) of the M5Administration of Justice Act 1973
(“the 1973 Act”) (salaries etc.);
(c) a Lord Justice of Appeal or judge of the High Court in Northern Ireland is not to
count as a judge of the relevant court for the purposes of section 2(1) or 3(1) of
the M6Judicature (Northern Ireland) Act 1978 (maximum number of judges) nor
as a judge of the [F31 Court of Judicature ] of Northern Ireland for the purposes
of section 9(1)(d) of the 1973 Act (salaries etc.);
(d) a Circuit judge is not to count as such for the purposes of section 18 of theM7Courts Act 1971 (salaries etc.);
(e) a sheriff is not to count as such for the purposes of section 14 of the M8Sheriff
Courts (Scotland) Act 1907 (salaries etc.);
(f) a county court judge of Northern Ireland is not to count as such for the purposes
of section 106 of the M9County Courts Act Northern Ireland) 1959 (salaries
etc.).
(5) If a sheriff principal is appointed a judge of the Court, section 11(1) of the M10 Sheriff
Courts (Scotland) Act 1971 (temporary appointment of sheriff principal) applies, while
he holds that appointment, as if his office is vacant.
(6) Schedule 4 makes provision about judicial pensions in relation to the holder of a judicial
office who serves as a judge of the Court.
(7) The Lord Chancellor or the Secretary of State may by order make such transitional
provision (including, in particular, provision for a temporary increase in the maximum
number of judges) as he considers appropriate in relation to any holder of a judicial
office who has completed his service as a judge of the Court.
[F32 (7A) The following paragraphs apply to the making of an order under subsection (7) in
relation to any holder of a judicial office listed in subsection (1)(a)—

Human Rights Act 1998 (c. 42)Document Generated: 2011-04-02 15 Status: This version of this Act contains provisions that no longer have effect. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Human Rights Act 1998. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)
(a) before deciding what transitional provision it is appropriate to make, the person
making the order must consult the Lord Chief Justice of England and Wales;
(b) before making the order, that person must consult the Lord Chief Justice of
England and Wales.
(7B) The following paragraphs apply to the making of an order under subsection (7) in
relation to any holder of a judicial office listed in subsection (1)(c)—
(a) before deciding what transitional provision it is appropriate to make, the person
making the order must consult the Lord Chief Justice of Northern Ireland;
(b) before making the order, that person must consult the Lord Chief Justice of
Northern Ireland.
(7C) The Lord Chief Justice of England and Wales may nominate a judicial office holder
(within the meaning of section 109(4) of the Constitutional Reform Act 2005) to
exercise his functions under this section.
(7D) The Lord Chief Justice of Northern Ireland may nominate any of the following to
exercise his functions under this section—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern
Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act). ] Annotations:
Amendments (Textual)
F29 Words in s. 18(4)(a) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4) , ss. 59 , 148 , Sch.
11 para. 4 ; S.I. 2009/1604 , art. 2(d)
F30 Words in s. 18(4)(a) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4) , ss. 59 , 148 , Sch.
11 para. 4 ; S.I. 2009/1604 , art. 2(d)
F31 Words in s. 18(4)(c) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4) , ss. 59 , 148 , Sch.
11 para. 6 ; S.I. 2009/1604 , art. 2(d)
F32 S. 18(7A)-(7D) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4) , ss. 15 , 148 , Sch. 4 para.
278 ; S.I. 2006/1014 , art. 2 , Sch. 1 para. 11(v)
Marginal Citations
M4 1988 c. 36 .
M5 1973 c. 15 .
M6 1978 c. 23 .
M7 1971 c. 23 .
M8 1907 c. 51 .
M9 1959 c. 25 (N.I.) .
M10 1971 c. 58 .
Parliamentary procedure
19 Statements of compatibility.
(1) A Minister of the Crown in charge of a Bill in either House of Parliament must, before
Second Reading of the Bill—

16 Human Rights Act 1998 (c. 42) Document Generated: 2011-04-02 Status: This version of this Act contains provisions that no longer have effect. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Human Rights Act 1998. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)
(a) make a statement to the effect that in his view the provisions of the Bill are
compatible with the Convention rights (“a statement of compatibility”); or
(b) make a statement to the effect that although he is unable to make a statement of
compatibility the government nevertheless wishes the House to proceed with
the Bill.
(2) The statement must be in writing and be published in such manner as the Minister
making it considers appropriate.
Supplemental
20 Orders etc. under this Act.
(1) Any power of a Minister of the Crown to make an order under this Act is exercisable
by statutory instrument.
(2) The power of F33 . . . [F34 the Lord Chancellor or ] the Secretary of State to make
rules (other than rules of court) under section 2(3) or 7(9) is exercisable by statutory
instrument.
(3) Any statutory instrument made under section 14, 15 or 16(7) must be laid before
Parliament.
(4) No order may be made by F35 . . . [F36 the Lord Chancellor or ] the Secretary of State
under section 1(4), 7(11) or 16(2) unless a draft of the order has been laid before, and
approved by, each House of Parliament.
(5) Any statutory instrument made under section 18(7) or Schedule 4, or to which
subsection (2) applies, shall be subject to annulment in pursuance of a resolution of
either House of Parliament.
(6) The power of a Northern Ireland department to make—
(a) rules under section 2(3)(c) or 7(9)(c), or
(b) an order under section 7(11),
is exercisable by statutory rule for the purposes of the M11 Statutory Rules (Northern
Ireland) Order 1979.
(7) Any rules made under section 2(3)(c) or 7(9)(c) shall be subject to negative resolution;
and section 41(6) of the M12 Interpretation Act Northern Ireland) 1954 (meaning of
“subject to negative resolution”) shall apply as if the power to make the rules were
conferred by an Act of the Northern Ireland Assembly.
(8) No order may be made by a Northern Ireland department under section 7(11) unless a
draft of the order has been laid before, and approved by, the Northern Ireland Assembly.
Annotations:
Amendments (Textual)
F33 Words in s. 20(2) repealed (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003
(S. I. 2003/1887), art. 9, {Sch. 2 para. 10(2)}
F34 Words in s. 20(2) inserted (12.1.2006) by The Transfer of Functions (Lord Chancellor and Secretary of
State) Order 2005 (S.I. 2005/3429) , art. 8 , Sch. para. 3
F35 Words in s. 20(4) repealed (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003
(S. I. 2003/1887), art. 9, {Sch. 2 para. 10(2)}

Human Rights Act 1998 (c. 42)Document Generated: 2011-04-02 17 Status: This version of this Act contains provisions that no longer have effect. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Human Rights Act 1998. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)
F36 Words in s. 20(4) inserted (12.1.2006) by The Transfer of Functions (Lord Chancellor and Secretary of
State) Order 2005 (S.I. 2005/3429) , art. 8 , Sch. para. 3
Marginal Citations
M11 S.I. 1979/1573 (N.I. 12) .
M12 1954 c. 33 (N.I.) .
21 Interpretation, etc.
(1) In this Act—
“amend” includes repeal and apply (with or without modifications);
“the appropriate Minister” means the Minister of the Crown having charge
of the appropriate authorised government department (within the meaning of
the M13 Crown Proceedings Act 1947);
“the Commission” means the European Commission of Human Rights;
“the Convention” means the Convention for the Protection of Human Rights
and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th
November 1950 as it has effect for the time being in relation to the United
Kingdom;
“declaration of incompatibility” means a declaration under section 4;
“Minister of the Crown” has the same meaning as in the Ministers of the M14 Crown Act 1975;
“Northern Ireland Minister” includes the First Minister and the deputy First
Minister in Northern Ireland;
“primary legislation” means any—
(a) public general Act;
(b) local and personal Act;
(c) private Act;
(d) Measure of the Church Assembly;
(e) Measure of the General Synod of the Church of England;
(f) Order in Council—
(g) made in exercise of Her Majesty’s Royal Prerogative;
(h) made under section 38(1)(a) of the M15 Northern Ireland Constitution Act
1973 or the corresponding provision of the Northern Ireland Act 1998; or
(i) amending an Act of a kind mentioned in paragraph (a), (b) or (c);
and includes an order or other instrument made under primary legislation
(otherwise than by the [F37 Welsh Ministers, the First Minister for Wales,
the Counsel General to the Welsh Assembly Government, ] a member of
the Scottish Executive, a Northern Ireland Minister or a Northern Ireland
department) to the extent to which it operates to bring one or more provisions
of that legislation into force or amends any primary legislation;
“the First Protocol” means the protocol to the Convention agreed at Paris on
20th March 1952; F38 . . .
“the Eleventh Protocol” means the protocol to the Convention (restructuring
the control machinery established by the Convention) agreed at Strasbourg on
11th May 1994;

18 Human Rights Act 1998 (c. 42) Document Generated: 2011-04-02 Status: This version of this Act contains provisions that no longer have effect. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Human Rights Act 1998. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)
[F39 “the Thirteenth Protocol ” means the protocol to the Convention
(concerning the abolition of the death penalty in all circumstances) agreed at
Vilnius on 3rd May 2002; ] “remedial order” means an order under section 10;
“subordinate legislation” means any—
(a) Order in Council other than one—
(b) made in exercise of Her Majesty’s Royal Prerogative;
(c) made under section 38(1)(a) of the Northern Ireland Constitution Act
1973 or the corresponding provision of the Northern Ireland Act 1998; or
(d) amending an Act of a kind mentioned in the definition of primary
legislation;
(e) Act of the Scottish Parliament;
(f) [F40 Measure of the National Assembly for Wales;
(g) Act of the National Assembly for Wales; ] (h) Act of the Parliament of Northern Ireland;
(i) Measure of the Assembly established under section 1 of the M16 Northern
Ireland Assembly Act 1973;
(j) Act of the Northern Ireland Assembly;
(k) order, rules, regulations, scheme, warrant, byelaw or other instrument
made under primary legislation (except to the extent to which it operates
to bring one or more provisions of that legislation into force or amends
any primary legislation);
(l) order, rules, regulations, scheme, warrant, byelaw or other instrument
made under legislation mentioned in paragraph (b), (c), (d) or (e) or made
under an Order in Council applying only to Northern Ireland;
(m) order, rules, regulations, scheme, warrant, byelaw or other instrument
made by a member of the Scottish Executive [F41 , Welsh Ministers,
the First Minister for Wales, the Counsel General to the Welsh
Assembly Government, ] a Northern Ireland Minister or a Northern
Ireland department in exercise of prerogative or other executive functions
of Her Majesty which are exercisable by such a person on behalf of Her
Majesty;
“transferred matters” has the same meaning as in the Northern Ireland Act
1998; and
“tribunal” means any tribunal in which legal proceedings may be brought.
(2) The references in paragraphs (b) and (c) of section 2(1) to Articles are to Articles of the
Convention as they had effect immediately before the coming into force of the Eleventh
Protocol.
(3) The reference in paragraph (d) of section 2(1) to Article 46 includes a reference to
Articles 32 and 54 of the Convention as they had effect immediately before the coming
into force of the Eleventh Protocol.
(4) The references in section 2(1) to a report or decision of the Commission or a decision of
the Committee of Ministers include references to a report or decision made as provided
by paragraphs 3, 4 and 6 of Article 5 of the Eleventh Protocol (transitional provisions).
(5) F42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Human Rights Act 1998 (c. 42)Document Generated: 2011-04-02 19 Status: This version of this Act contains provisions that no longer have effect. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Human Rights Act 1998. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)
Annotations:
Extent Information
E2 For the extent of s. 21 outside the U.K. see s. 22(7)
Amendments (Textual)
F37 Words in the definition of "primary legislation" in s. 21(1) substituted by Government of Wales Act
2006 (c. 32) , s. 160(1) , Sch. 10 para.56(2) (with Sch. 11 para. 22 ) the amending provision coming into
force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending
Act, which provides for certain provisions to come into force for specified purposes immediately after
the end of "the initial period" (which ended with the day of the first appointment of a First Minister on
25.5.2007) – see ss. 46 , 161(1)(4)(5) of the amending Act.
F38 S. 21(1) : definition of "the Sixth Protocol" omitted (22.6.2004) by virtue of The Human Rights Act
1998 (Amendment) Order 2004 (S.I. 2004/1574) , art. 2(2)
F39 S. 21(1) : definition of "the Thirteenth Protocol" inserted (22.6.2004) by virtue of The Human Rights
Act 1998 (Amendment) Order 2004 (S.I. 2004/1574) , art. 2(2)
F40 Words in the definition of "subordinate legislation" in s. 21(1) substituted by Government of Wales Act
2006 (c. 32) , s. 160(1) , Sch. 10 para.56(3) (with Sch. 11 para. 22 ) the amending provision coming into
force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending
Act, which provides for certain provisions to come into force for specified purposes immediately after
the end of "the initial period" (which ended with the day of the first appointment of a First Minister on
25.5.2007) – see ss. 46 , 161(1)(4)(5) of the amending Act.
F41 Words in the definition of "subordinate legislation" in s. 21(1) substituted by Government of Wales Act
2006 (c. 32) , s. 160(1) , Sch. 10 para.56(4) (with Sch. 11 para. 22 ) the amending provision coming into
force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending
Act, which provides for certain provisions to come into force for specified purposes immediately after
the end of "the initial period" (which ended with the day of the first appointment of a First Minister on
25.5.2007) – see ss. 46 , 161(1)(4)(5) of the amending Act.
F42 S. 21(5) repealed (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006
(c. 52) , ss. 378 , 383 , Sch. 17 ; S.I. 2009/812 , art. 3 (with transitional provisions in S.I. 2009/1059 ); S.I.
2009/1167 , art. 4
Commencement Information
I1 S. 21 wholly in force at 2.10.2000; s. 21(5) in force at Royal Assent, see s. 22(2)(3) ; s. 21 in force so far
as not already in force (2.10.2000) by S.I. 2000/1851 , art. 2
Marginal Citations
M13 1947 c. 44 .
M14 1975 c. 26 .
M15 1973 c. 36 .
M16 1973 c. 17 .
22 Short title, commencement, application and extent.
(1) This Act may be cited as the Human Rights Act 1998.
(2) Sections 18, 20 and 21(5) and this section come into force on the passing of this Act.
(3) The other provisions of this Act come into force on such day as the Secretary of State
may by order appoint; and different days may be appointed for different purposes.

20 Human Rights Act 1998 (c. 42) Document Generated: 2011-04-02 Status: This version of this Act contains provisions that no longer have effect. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Human Rights Act 1998. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)
(4) Paragraph (b) of subsection (1) of section 7 applies to proceedings brought by or at the
instigation of a public authority whenever the act in question took place; but otherwise
that subsection does not apply to an act taking place before the coming into force of
that section.
(5) This Act binds the Crown.
(6) This Act extends to Northern Ireland.
(7) F43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations:
Subordinate Legislation Made
P1 S. 22(3) power partly exercised: 24.11.1998 appointed for specified provisions by S.I. 1998/2882 , art. 2
S. 22(3) power fully exercised: 2.10.2000 appointed for remaining provisions by S.I. 2000/1851 , art. 2
Amendments (Textual)
F43 S. 22(7) repealed (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006
(c. 52) , ss. 378 , 383 , Sch. 17 ; S.I. 2009/812 , art. 3 (with transitional provisions in S.I. 2009/1059 ); S.I.
2009/1167 , art. 4

Human Rights Act 1998 (c. 42)SCHEDULE 1 – The ArticlesDocument Generated: 2011-04-02
21 Status: This version of this Act contains provisions that no longer have effect. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Human Rights Act 1998. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details) S C H E D U L E S
SCHEDULE 1 Section 1(3).
THE A RTICLES
PART I
THE C ONVENTION
RIGHTS AND FREEDOMS
ARTICLE 2
RIGHT TO LIFE
1 Everyone’s right to life shall be protected by law. No one shall be deprived of his life
intentionally save in the execution of a sentence of a court following his conviction of
a crime for which this penalty is provided by law.
2 Deprivation of life shall not be regarded as inflicted in contravention of this Article
when it results from the use of force which is no more than absolutely necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully
detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection.
ARTICLE 3
PROHIBITION OF TORTURE
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
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 labour.
3 For the purpose of this Article the term “forced or compulsory labour” shall not include:
(a) any work required to be done in the ordinary course of detention imposed
according to the provisions of Article 5 of this Convention or during conditional
release from such detention;

22 Human Rights Act 1998 (c. 42)SCHEDULE 1 – The Articles Document Generated: 2011-04-02
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(b) any service of a military character or, in case of conscientious objectors in
countries where they are recognised, service exacted instead of compulsory
military service;
(c) any service exacted in case of an emergency or calamity threatening the life or
well-being of the community;
(d) any work or service which forms part of normal civic obligations.
ARTICLE 5
RIGHT TO LIBERTY AND SECURITY
1 Everyone has the right to liberty and security of person. No one shall be deprived of
his liberty save in the following cases and in accordance with a procedure prescribed
by law:
(a) the lawful detention of a person after conviction by a competent court;
(b) the lawful arrest or detention of a person for non-compliance with the lawful
order of a court or in order to secure the fulfilment of any obligation prescribed
by law;
(c) the lawful arrest or detention of a person effected for the purpose of bringing
him before the competent legal authority on reasonable suspicion of having
committed an offence or when it is reasonably considered necessary to prevent
his committing an offence or fleeing after having done so;
(d) the detention of a minor by lawful order for the purpose of educational
supervision or his lawful detention for the purpose of bringing him before the
competent legal authority;
(e) the lawful detention of persons for the prevention of the spreading of infectious
diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;
(f) the lawful arrest or detention of a person to prevent his effecting an
unauthorised entry into the country or of a person against whom action is being
taken with a view to deportation or extradition.
2 Everyone who is arrested shall be informed promptly, in a language which he
understands, of the reasons for his arrest and of any charge against him.
3 Everyone arrested or detained in accordance with the provisions of paragraph 1(c) of
this Article shall be brought promptly before a judge or other officer authorised by law
to exercise judicial power and shall be entitled to trial within a reasonable time or to
release pending trial. Release may be conditioned by guarantees to appear for trial.
4 Everyone who is deprived of his liberty by arrest or detention shall be entitled to take
proceedings by which the lawfulness of his detention shall be decided speedily by a
court and his release ordered if the detention is not lawful.
5 Everyone who has been the victim of arrest or detention in contravention of the
provisions of this Article shall have an enforceable right to compensation.
ARTICLE 6
RIGHT TO A FAIR TRIAL
1 In the determination of his civil rights and obligations or of any criminal charge against
him, everyone is entitled to a fair and public hearing within a reasonable time by an

Human Rights Act 1998 (c. 42)SCHEDULE 1 – The ArticlesDocument Generated: 2011-04-02
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independent and impartial tribunal established by law. Judgment shall be pronounced
publicly but the press and public may be excluded from all or part of the trial in the
interest of morals, public order or national security in a democratic society, where the
interests of juveniles or the protection of the private life of the parties so require, or to
the extent strictly necessary in the opinion of the court in special circumstances where
publicity would prejudice the interests of justice.
2 Everyone charged with a criminal offence shall be presumed innocent until proved
guilty according to law.
3 Everyone charged with a criminal offence has the following minimum rights:
(a) to be informed promptly, in a language which he understands and in detail, of
the nature and cause of the accusation against him;
(b) to have adequate time and facilities for the preparation of his defence;
(c) to defend himself in person or through legal assistance of his own choosing
or, if he has not sufficient means to pay for legal assistance, to be given it free
when the interests of justice so require;
(d) to examine or have examined witnesses against him and to obtain the attendance
and examination of witnesses on his behalf under the same conditions as
witnesses against him;
(e) to have the free assistance of an interpreter if he cannot understand or speak
the language used in court.
ARTICLE 7
NO PUNISHMENT WITHOUT LAW
1 No one shall be held guilty of any criminal offence on account of any act or omission
which did not constitute a criminal offence under national or international law at the
time when it was committed. Nor shall a heavier penalty be imposed than the one that
was applicable at the time the criminal offence was committed.
2 This Article shall not prejudice the trial and punishment of any person for any act or
omission which, at the time when it was committed, was criminal according to the
general principles of law recognised by civilised nations.
ARTICLE 8
RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE
1 Everyone has the right to respect for his private and family life, his home and his
correspondence.
2 There shall be no interference by a public authority with the exercise of this right except
such as is in accordance with the law and is necessary in a democratic society in the
interests of national security, public safety or the economic well-being of the country,
for the prevention of disorder or crime, for the protection of health or morals, or for the
protection of the rights and freedoms of others.

24 Human Rights Act 1998 (c. 42)SCHEDULE 1 – The Articles Document Generated: 2011-04-02
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ARTICLE 9
FREEDOM OF THOUGHT , CONSCIENCE AND RELIGION
1 Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief and freedom, either alone or in
community with others and in public or private, to manifest his religion or belief, in
worship, teaching, practice and observance.
2 Freedom to manifest one’s religion or beliefs shall be subject only to such limitations
as are prescribed by law and are necessary in a democratic society in the interests of
public safety, for the protection of public order, health or morals, or for the protection
of the rights and freedoms of others.
ARTICLE 10
FREEDOM OF EXPRESSION
1 Everyone has the right to freedom of expression. This right shall include freedom to
hold opinions and to receive and impart information and ideas without interference by
public authority and regardless of frontiers. This Article shall not prevent States from
requiring the licensing of broadcasting, television or cinema enterprises.
2 The exercise of these freedoms, since it carries with it duties and responsibilities, may be
subject to such formalities, conditions, restrictions or penalties as are prescribed by law
and are necessary in a democratic society, in the interests of national security, territorial
integrity or public safety, for the prevention of disorder or crime, for the protection of
health or morals, for the protection of the reputation or rights of others, for preventing
the disclosure of information received in confidence, or for maintaining the authority
and impartiality of the judiciary.
ARTICLE 11
FREEDOM OF ASSEMBLY AND ASSOCIATION
1 Everyone has the right to freedom of peaceful assembly and to freedom of association
with others, including the right to form and to join trade unions for the protection of
his interests.
2 No restrictions shall be placed on the exercise of these rights other than such as are
prescribed by law and are necessary in a democratic society in the interests of national
security or public safety, for the prevention of disorder or crime, for the protection of
health or morals or for the protection of the rights and freedoms of others. This Article
shall not prevent the imposition of lawful restrictions on the exercise of these rights by
members of the armed forces, of the police or of the administration of the State.
ARTICLE 12
RIGHT TO MARRY
Men and women of marriageable age have the right to marry and to found a family, according
to the national laws governing the exercise of this right.

Human Rights Act 1998 (c. 42)SCHEDULE 1 – The ArticlesDocument Generated: 2011-04-02
25 Status: This version of this Act contains provisions that no longer have effect. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Human Rights Act 1998. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)
ARTICLE 14
PROHIBITION OF DISCRIMINATION
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without
discrimination on any ground such as sex, race, colour, language, religion, political or other
opinion, national or social origin, association with a national minority, property, birth or other
status.
ARTICLE 16
RESTRICTIONS ON POLITICAL ACTIVITY OF ALIENS
Nothing in Articles 10, 11 and 14 shall be regarded as preventing the High Contracting Parties
from imposing restrictions on the political activity of aliens.
ARTICLE 17
PROHIBITION OF ABUSE OF RIGHTS
Nothing in this Convention may be interpreted as implying for any State, group or person any
right to engage in any activity or perform any act aimed at the destruction of any of the rights
and freedoms set forth herein or at their limitation to a greater extent than is provided for in
the Convention.
ARTICLE 18
LIMITATION ON USE OF RESTRICTIONS ON RIGHTS
The restrictions permitted under this Convention to the said rights and freedoms shall not be
applied for any purpose other than those for which they have been prescribed.
PART II
THE FIRST PROTOCOL
ARTICLE 1
PROTECTION OF PROPERTY
Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one
shall be deprived of his possessions except in the public interest and subject to the conditions
provided for by law and by the general principles of international law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce
such laws as it deems necessary to control the use of property in accordance with the general
interest or to secure the payment of taxes or other contributions or penalties.

26 Human Rights Act 1998 (c. 42)SCHEDULE 2 – Remedial OrdersDocument Generated: 2011-04-02
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ARTICLE 2
RIGHT TO EDUCATION
No person shall be denied the right to education. In the exercise of any functions which it
assumes in relation to education and to teaching, the State shall respect the right of parents to
ensure such education and teaching in conformity with their own religious and philosophical
convictions.
ARTICLE 3
RIGHT TO FREE ELECTIONS
The High Contracting Parties undertake to hold free elections at reasonable intervals by secret
ballot, under conditions which will ensure the free expression of the opinion of the people in
the choice of the legislature.
[F44 PART 3
ARTICLE 1 OF THE THIRTEENTH PROTOCOL
ABOLITION OF THE DEATH PENALTY
Annotations:
Amendments (Textual)
F44 Sch. 1 Pt. 3 substituted (22.6.2004) by The Human Rights Act 1998 (Amendment) Order 2004 (S.I.
2004/1574) , art. 2(3)
The death penalty shall be abolished. No one shall be condemned to such penalty or executed. ] F45 PART III
THE SIXTH PROTOCOL
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 2 Section 10.
REMEDIAL O RDERS
Orders
1 (1) A remedial order may—
(a) contain such incidental, supplemental, consequential or transitional
provision as the person making it considers appropriate;
(b) be made so as to have effect from a date earlier than that on which it is made;
(c) make provision for the delegation of specific functions;

Human Rights Act 1998 (c. 42)SCHEDULE 2 – Remedial OrdersDocument Generated: 2011-04-02
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(d) make different provision for different cases.
(2) The power conferred by sub-paragraph (1)(a) includes—
(a) power to amend primary legislation (including primary legislation other than
that which contains the incompatible provision); and
(b) power to amend or revoke subordinate legislation (including subordinate
legislation other than that which contains the incompatible provision).
(3) A remedial order may be made so as to have the same extent as the legislation which
it affects.
(4) No person is to be guilty of an offence solely as a result of the retrospective effect
of a remedial order.
Procedure
2 No remedial order may be made unless—
(a) a draft of the order has been approved by a resolution of each House of
Parliament made after the end of the period of 60 days beginning with the day
on which the draft was laid; or
(b) it is declared in the order that it appears to the person making it that, because
of the urgency of the matter, it is necessary to make the order without a draft
being so approved.
Orders laid in draft
3 (1) No draft may be laid under paragraph 2(a) unless—
(a) the person proposing to make the order has laid before Parliament a
document which contains a draft of the proposed order and the required
information; and
(b) the period of 60 days, beginning with the day on which the document
required by this sub-paragraph was laid, has ended.
(2) If representations have been made during that period, the draft laid under paragraph
2(a) must be accompanied by a statement containing—
(a) a summary of the representations; and
(b) if, as a result of the representations, the proposed order has been changed,
details of the changes.
Urgent cases
4 (1) If a remedial order (“the original order”) is made without being approved in draft,
the person making it must lay it before Parliament, accompanied by the required
information, after it is made.
(2) If representations have been made during the period of 60 days beginning with the
day on which the original order was made, the person making it must (after the end
of that period) lay before Parliament a statement containing—
(a) a summary of the representations; and
(b) if, as a result of the representations, he considers it appropriate to make
changes to the original order, details of the changes.
(3) If sub-paragraph (2)(b) applies, the person making the statement must—

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(a) make a further remedial order replacing the original order; and
(b) lay the replacement order before Parliament.
(4) If, at the end of the period of 120 days beginning with the day on which the original
order was made, a resolution has not been passed by each House approving the
original or replacement order, the order ceases to have effect (but without that
affecting anything previously done under either order or the power to make a fresh
remedial order).
Definitions
5 In this Schedule—
“representations” means representations about a remedial order (or proposed
remedial order) made to the person making (or proposing to make) it and includes
any relevant Parliamentary report or resolution; and
“required information” means—
(a) an explanation of the incompatibility which the order (or proposed order)
seeks to remove, including particulars of the relevant declaration, finding
or order; and
(b) a statement of the reasons for proceeding under section 10 and for making
an order in those terms.
Calculating periods
6 In calculating any period for the purposes of this Schedule, no account is to be taken
of any time during which—
(a) Parliament is dissolved or prorogued; or
(b) both Houses are adjourned for more than four days.
[F48 7 (1) This paragraph applies in relation to–
(a) any remedial order made, and any draft of such an order proposed to be
made,–
(i) by the Scottish Ministers; or
(ii) within devolved competence (within the meaning of the Scotland
Act 1998) by Her Majesty in Council; and
(b) any document or statement to be laid in connection with such an order (or
proposed order).
(2) This Schedule has effect in relation to any such order (or proposed order), document
or statement subject to the following modifications.
(3) Any reference to Parliament, each House of Parliament or both Houses of Parliament
shall be construed as a reference to the Scottish Parliament.
(4) Paragraph 6 does not apply and instead, in calculating any period for the purposes
of this Schedule, no account is to be taken of any time during which the Scottish
Parliament is dissolved or is in recess for more than four days. ] Annotations:
Amendments (Textual)
F48 Sch. 2 para. 7 inserted (27.7.2000) by S.I. 2000/2040 , art. 2 , Sch. Pt. I para. 21 (with art. 3 )

Human Rights Act 1998 (c. 42)SCHEDULE 3 – Derogation and ReservationDocument Generated: 2011-04-02
29 Status: This version of this Act contains provisions that no longer have effect. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Human Rights Act 1998. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)
SCHEDULE 3 Sections 14 and 15.
DEROGATION AND R ESERVATION
F49 PART I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations:
Amendments (Textual)
F49 Sch. 3 Pt. I repealed (1.4.2001) by S.I. 2001/1216 , art. 4
F50 PART I
DEROGATION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations:
Amendments (Textual)
F50 Sch. 3 Pt. I repealed (8.4.2005) by The Human Rights Act 1998 (Amendment) Order 2005 (S.I. 2005/1071) ,
art. 2
PART II
RESERVATION
At the time of signing the present (First) Protocol, I declare that, in view of certain provisions
of the Education Acts in the United Kingdom, the principle affirmed in the second sentence of
Article 2 is accepted by the United Kingdom only so far as it is compatible with the provision
of efficient instruction and training, and the avoidance of unreasonable public expenditure.
Dated 20 March 1952
Made by the United Kingdom Permanent Representative to the Council of Europe.
SCHEDULE 4 Section 18(6).
JUDICIAL PENSIONS
Duty to make orders about pensions
1 (1) The appropriate Minister must by order make provision with respect to pensions
payable to or in respect of any holder of a judicial office who serves as an ECHR
judge.

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(2) A pensions order must include such provision as the Minister making it considers is
necessary to secure that—
(a) an ECHR judge who was, immediately before his appointment as an ECHR
judge, a member of a judicial pension scheme is entitled to remain as a
member of that scheme;
(b) the terms on which he remains a member of the scheme are those which
would have been applicable had he not been appointed as an ECHR judge;
and
(c) entitlement to benefits payable in accordance with the scheme continues to
be determined as if, while serving as an ECHR judge, his salary was that
which would (but for section 18(4)) have been payable to him in respect of
his continuing service as the holder of his judicial office.
Contributions
2 A pensions order may, in particular, make provision—
(a) for any contributions which are payable by a person who remains a member
of a scheme as a result of the order, and which would otherwise be payable by
deduction from his salary, to be made otherwise than by deduction from his
salary as an ECHR judge; and
(b) for such contributions to be collected in such manner as may be determined by
the administrators of the scheme.
Amendments of other enactments
3 A pensions order may amend any provision of, or made under, a pensions Act in such
manner and to such extent as the Minister making the order considers necessary or
expedient to ensure the proper administration of any scheme to which it relates.
Definitions
4 In this Schedule—
“appropriate Minister” means—
(a) in relation to any judicial office whose jurisdiction is exercisable
exclusively in relation to Scotland, the Secretary of State; and
(b) otherwise, the Lord Chancellor;
“ECHR judge” means the holder of a judicial office who is serving as a judge
of the Court;
“judicial pension scheme” means a scheme established by and in accordance
with a pensions Act;
“pensions Act” means—
(a) the M17 County Courts Act Northern Ireland) 1959;
(b) the M18 Sheriffs’ Pensions (Scotland) Act 1961;
(c) the M19 Judicial Pensions Act 1981; or
(d) the M20 Judicial Pensions and Retirement Act 1993; and
“pensions order” means an order made under paragraph 1.

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31 Status: This version of this Act contains provisions that no longer have effect. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Human Rights Act 1998. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)
Annotations:
Marginal Citations
M17 1959 c. 25 (N.I.) .
M18 1961 c. 42 .
M19 1981 c. 20 .
M20 1993 c. 8 .

32 Human Rights Act 1998 (c. 42) Document Generated: 2011-04-02 Status:
This version of this Act contains provisions that no longer have effect.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Human
Rights Act 1998. Any changes that have already been made by the team appear in the content
and are referenced with annotations.
Changes and effects yet to be applied to the whole Act, associated Parts and
Chapters:
– S.I. 2009/1059 transitional provisions for effects of commencing SI 2009/812