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Human Rights Act 1998

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9 Judicial acts.E+W+S+N.I.

(1)Proceedings under section 7(1)(a) in respect of a judicial act may be brought only—

(a)by exercising a right of appeal;

(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 [F1(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).

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Amendments (Textual)

F1Words 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.

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