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The Human Rights Act 1998 (Amendment) Order 2005

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Statutory Instruments

2005 No. 1071

HUMAN RIGHTS

The Human Rights Act 1998 (Amendment) Order 2005

Made

3rd April 2005

Laid before Parliament

4th April 2005

Coming into force

8th April 2005

Whereas the United Kingdom has withdrawn its derogation, designated by the Human Rights Act 1998 (Designated Derogation) Order 2001(1), from Article 5(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950;

Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by section 16(7) of the Human Rights Act 1998(2) hereby makes the following Order:

(1)

S.I. 2001/3644.

(2)

1998 c. 42. Section 16(7) was amended by article 8 of, and paragraph 7 of Schedule 2 to, the Transfer of Functions (Miscellaneous) Order 2001, S.I. 2001/3500, to reflect the transfer of the relevant functions of the Secretary of State to the Lord Chancellor made by article 3 of, and paragraph 5 of Schedule 1 to, that Order. The Lord Chancellor’s functions under section 16(7) were then transferred to the Secretary of State by article 4 of, and Schedule 1 to, the Secretary of State for Constitutional Affairs Order 2003, S.I. 2003/1887, and section 16(7) was amended by Schedule 2, paragraph 10 to that Order to refer to the Secretary of State, in place of the Lord Chancellor.

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