Search Legislation

Human Rights Act 1998

Status:

This is the original version (as it was originally enacted).

Section 10.

SCHEDULE 2Remedial Orders

Orders

1(1)A remedial order may—

(a)contain such incidental, supplemental, consequential or transitional provision as the person making it considers appropriate;

(b)be made so as to have effect from a date earlier than that on which it is made;

(c)make provision for the delegation of specific functions;

(d)make different provision for different cases.

(2)The power conferred by sub-paragraph (1)(a) includes—

(a)power to amend primary legislation (including primary legislation other than that which contains the incompatible provision); and

(b)power to amend or revoke subordinate legislation (including subordinate legislation other than that which contains the incompatible provision).

(3)A remedial order may be made so as to have the same extent as the legislation which it affects.

(4)No person is to be guilty of an offence solely as a result of the retrospective effect of a remedial order.

Procedure

2No remedial order may be made unless—

(a)a draft of the order has been approved by a resolution of each House of Parliament made after the end of the period of 60 days beginning with the day on which the draft was laid; or

(b)it is declared in the order that it appears to the person making it that, because of the urgency of the matter, it is necessary to make the order without a draft being so approved.

Orders laid in draft

3(1)No draft may be laid under paragraph 2(a) unless—

(a)the person proposing to make the order has laid before Parliament a document which contains a draft of the proposed order and the required information; and

(b)the period of 60 days, beginning with the day on which the document required by this sub-paragraph was laid, has ended.

(2)If representations have been made during that period, the draft laid under paragraph 2(a) must be accompanied by a statement containing—

(a)a summary of the representations; and

(b)if, as a result of the representations, the proposed order has been changed, details of the changes.

Urgent cases

4(1)If a remedial order (“the original order”) is made without being approved in draft, the person making it must lay it before Parliament, accompanied by the required information, after it is made.

(2)If representations have been made during the period of 60 days beginning with the day on which the original order was made, the person making it must (after the end of that period) lay before Parliament a statement containing—

(a)a summary of the representations; and

(b)if, as a result of the representations, he considers it appropriate to make changes to the original order, details of the changes.

(3)If sub-paragraph (2)(b) applies, the person making the statement must—

(a)make a further remedial order replacing the original order; and

(b)lay the replacement order before Parliament.

(4)If, at the end of the period of 120 days beginning with the day on which the original order was made, a resolution has not been passed by each House approving the original or replacement order, the order ceases to have effect (but without that affecting anything previously done under either order or the power to make a fresh remedial order).

Definitions

5In this Schedule—

  • “representations” means representations about a remedial order (or proposed remedial order) made to the person making (or proposing to make) it and includes any relevant Parliamentary report or resolution; and

  • “required information” means—

    (a)

    an explanation of the incompatibility which the order (or proposed order) seeks to remove, including particulars of the relevant declaration, finding or order; and

    (b)

    a statement of the reasons for proceeding under section 10 and for making an order in those terms.

Calculating periods

6In calculating any period for the purposes of this Schedule, no account is to be taken of any time during which—

(a)Parliament is dissolved or prorogued; or

(b)both Houses are adjourned for more than four days.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources