Part VOther provisions about the Assembly
Community law, human rights and international obligations
107Human rights
1
The Assembly has no power—
a
to make, confirm or approve any subordinate legislation, or
b
to do any other act,
so far as the subordinate legislation or act is incompatible with any of the Convention rights.
2
Subsection (1) does not enable a person—
a
to bring any proceedings in a court or tribunal, or
b
to rely on any of the Convention rights in any such proceedings,
in respect of an act unless he would be a victim for the purposes of Article 34 of the Convention if proceedings were brought in the European Court of Human Rights in respect of that act.
3
Subsection (2) does not apply to the Attorney General, the Assembly, the Advocate General for Scotland or the Attorney General for Northern Ireland.
4
Subsection (1)—
a
does not apply to an act which, by virtue of subsection (2) of section 6 of the Human Rights Act 1998, is not unlawful under subsection (1) of that section, and
b
does not enable a court or tribunal to award in respect of an act any damages which it could not award on finding the act unlawful under that subsection.
5
In this Act “the Convention rights” has the same meaning as in the Human Rights Act 1998 and in subsection (2) “the Convention” has the same meaning as in that Act.