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Prevention And Suppression Of Terrorism
16th March 2011
Laid before Parliament
17th March 2011
Coming into force
18th March 2011
It appears to the Secretary of State, following a finding of the European Court of Human Rights(1) after the coming into force of section 10 of the Human Rights Act 1998(2) in proceedings against the United Kingdom, that certain provisions of the Terrorism Act 2000(3) are incompatible with an obligation of the United Kingdom arising from the Convention(4).
The Secretary of State considers that there are compelling reasons for proceeding by way of a remedial order(5) to make such amendments to the Terrorism Act 2000 as the Secretary of State considers necessary to remove the incompatibility.
It appears to the Secretary of State that, because of the urgency of the matter, it is necessary to make this Order without a draft being approved by resolution of each House of Parliament(6).
Accordingly, the Secretary of State makes the following Order in exercise of the powers conferred by section 10(2) of, and paragraph 1(1) of Schedule 2 to, the Human Rights Act 1998:
Gillan and Quinton v the United Kingdom (Application no. 4158/05), judgment became final on 28th June 2010.
See section 21(1) of the Human Rights Act 1998 for the meaning of “the Convention”.
See section 21(1) of the Human Rights Act 1998 for the meaning of “remedial order”.
This declaration is made pursuant to paragraph 2(b) of Schedule 2 to the Human Rights Act 1998.
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