The Human Rights Act 1998 (Remedial) Order 2020

Statutory Instruments

2020 No. 1160

Human Rights

The Human Rights Act 1998 (Remedial) Order 2020

Made

20th October 2020

Coming into force

21st October 2020

It appears to the Secretary of State, following a finding of the European Court of Human Rights in proceedings against the United Kingdom(1), that section 9 of the Human Rights Act 1998(2) is incompatible with an obligation of the United Kingdom arising from the Convention(3).

The Secretary of State considers that there are compelling reasons for proceeding by way of a remedial order(4) to make such amendments to section 9 of the Human Rights Act 1998 as the Secretary of State considers necessary to remove the incompatibility.

In accordance with paragraph 2(a) of Schedule 2 to the Human Rights Act 1998, a draft of this instrument was laid before Parliament and was approved by resolution of each House of Parliament, a document containing a draft of this instrument having previously been laid before Parliament in accordance with paragraph 3(1) of that Schedule.

Accordingly, the Secretary of State makes the following Order, in exercise of the powers conferred by section 10(2) of, and paragraph 1(1)(a) and (b), (2) and (3) of Schedule 2 to, the Human Rights Act 1998.

(1)

Hammerton v United Kingdom (Application no. 6287/10), 17 March 2016.

(2)

1998 c. 42. Section 9(5) has been amended by section 10(6) of, and paragraph 39 of Schedule 4 to, the Justice (Northern Ireland) Act 2002 (c. 26).

(3)

See section 21(1) of the Human Rights Act 1998 for the meaning of “the Convention”.

(4)

See section 21(1) of the Human Rights Act 1998 for the definition of “remedial order”.