Part 1The Commission for Equality and Human Rights

The Commission

7Scotland: human rights

1

The Commission shall not take human rights action in relation to a matter if the Scottish Parliament has legislative competence to enable a person to take action of that kind in relation to that matter.

2

In subsection (1) “human rights action” means action taken—

a

in accordance with section 9(1), and

b

under, by virtue of or in pursuance of—

i

section 11(1) in so far as it relates to the Human Rights Act 1998 (c. 42),

ii

section 11(2)(c) or (d),

iii

section 12,

iv

section 13,

v

section 16,

vi

section 17, or

vii

section 30.

3

Despite section 9(4), the Commission shall not, in the course of fulfilling a duty under section 8 F1..., consider the question whether a person's human rights have been contravened if the Scottish Parliament has legislative competence to enable a person to consider that question.

4

Subsections (1) and (3) shall not prevent the Commission from taking action with the consent (whether general or specific) of a person if—

a

the person is established by Act of the Scottish Parliament, and

b

the person's principal duties relate to human rights and are similar to any of the Commission's duties under section 9.

5

Subsections (1) and (3) shall not prevent the Commission from relying on section 13(1)(f) so as to act jointly or cooperate (but not assist) for a purpose relating to human rights and connected with Scotland.