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The Human Rights Act (Amendment) Order 2001

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Statutory Instruments

2001 No. 1216

HUMAN RIGHTS

The Human Rights Act (Amendment) Order 2001

Made

27th March 2001

Laid before Parliament

28th March 2001

Coming into force

1st April 2001

The United Kingdom’s designated derogation from Article 5(3) of the Convention having been withdrawn, the Secretary of State in exercise of the power conferred upon him by section 16(7) of the Human Rights Act 1998(1) (“the Act”) hereby makes the following Order:

1.  This Order may be cited as the Human Rights Act (Amendment) Order 2001 and shall come into force on 1st April 2001.

2.  In section 14 of the Act there shall be repealed—

(a)in subsection (1), from “(a)” to “(b)”;

(b)subsection (2), and

(c)in subsection (4), “(b)”.

3.  In section 16 of the Act there shall be repealed—

(a)in subsection (1), from “(a)” to “any other derogation”;

(b)in subsection (2)(a), “(a) or (b)”;

(c)in subsection (3), “(b)”; and

(d)in subsection (4), “(b)”.

4.  Part I of Schedule 3 to the Act shall be repealed.

Jack Straw

One of Her Majesty’s Principal Secretaries of State

Home Office

27th March 2001

Explanatory Note

(This note is not part of the Order)

This Order amends the Human Rights Act 1998 to reflect the withdrawal by the UK Government of the derogation from Article 5(3) of the European Convention on Human Rights which was originally set out in Part I of Schedule 3 to that Act. The withdrawal of the derogation was effective from 26th February 2001 and followed the implementation of Schedule 8 to the Terrorism Act 2000 (2000 c. 11).

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