Part 2Welsh Assembly Government
Community law, human rights and international obligations etc.
81Human rights
1
The Welsh Ministers have no power—
a
to make, confirm or approve any subordinate legislation, or
b
to do any other act,
so far as the subordinate legislation or act is incompatible with any of the Convention rights.
2
Subsection (1) does not enable a person—
a
to bring any proceedings in a court or tribunal, or
b
to rely on any of the Convention rights in any such proceedings,
in respect of an act unless that person 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.
3
Subsection (2) does not apply to the Attorney General, the Counsel General, the Advocate General for Scotland, the Advocate General for Northern Ireland or the Attorney General for Northern Ireland.
4
Subsection (1)—
a
does not apply to an act which, by virtue of subsection (2) of section 6 of the Human Rights Act 1998 (c. 42), is not unlawful under subsection (1) of that section, and
b
does not enable a court or tribunal to award in respect of any act any damages which it could not award on finding the act unlawful under that subsection.
5
Subsection (1) applies to the First Minister and the Counsel General as to the Welsh Ministers.
6
In subsection (2) “the Convention” has the same meaning as in the Human Rights Act 1998.