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The Human Rights Act 1998 (Amendment) Order 2005
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- 2005 No. 1071
- Explanatory Note
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Explanatory Note
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This Order amends Schedule 3 to the Human Rights Act 1998 to reflect the withdrawal by the United Kingdom of the derogation designated by the Human Rights Act 1998 (Designated Derogation) Order 2001 (S.I. 2001/3644) (“the derogation”). The derogation was 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 (“the Convention”). The derogation concerned detention provisions in the Anti-terrorism, Crime and Security Act 2001 (c. 24). Those detention provisions were repealed with effect from 14th March 2005 by section 16(2)(a) of the Prevention of Terrorism Act 2005 (c. 2). On 16th March 2005, the United Kingdom Government informed the Secretary General of the Council of Europe, pursuant to Article 15(3) of the Convention, of the withdrawal of the derogation.
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