Part 1

The Commission for Equality and Human Rights

The Commission

Scotland: human rights
7
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 ..., 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.
Words in s. 7(3) omitted (25.6.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 64(4), 103(2)