Constitution of the United Kingdom 1215, as amended to 2013


Citizenship and Nationality

(1) A person born in the United Kingdom after commencement or in a qualifying territory on or after the appointed day, shall be a British citizen if at the time of the birth his father or mother is—
(a) a British citizen; or
(b) settled in the United Kingdom or that territory.
(1A) A person born in the United Kingdom or a qualifying territory on or after the relevant day shall be a British citizen if at the time of the birth his father or mother is a member of the armed forces.
(2) A new-born infant who, after commencement, is found abandoned in the United Kingdom, or on or after the appointed day is found abandoned in a qualifying territory, shall, unless the contrary is shown, be deemed for the purposes of subsection (1)—
(a) to have been born in the United Kingdom after commencement or in that territory on or after the appointed day; and
(b) to have been born to a parent who at the time of the birth was a British citizen or settled in the United Kingdom or that territory.
(3) A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1), (1A) or (2) shall be entitled to be registered as a British citizen if, while he is a minor—
(a) his father or mother becomes a British citizen or becomes settled in the United Kingdom; and
(b) an application is made for his registration as a British citizen.
(3A) A person born in the United Kingdom on or after the relevant day who is not a British citizen by virtue of subsection (1), (1A) or (2) shall be entitled to be registered as a British citizen if, while he is a minor—
(a)his father or mother becomes a member of the armed forces; and (b)an application is made for his registration as a British citizen. … (British Nationality Act 1981, Sec. 1)

Citizenship and Nationality

(1) A person born outside the United Kingdom and the qualifying territories after commencement shall be a British citizen if at the time of the birth his father or mother—
(a) is a British citizen otherwise than by descent;
(b) is a British citizen and is serving outside the United Kingdom and the qualifying territories in service to which this paragraph applies, his or her recruitment for that service having taken place in the United Kingdom or a qualifying territory; or
(c) is a British citizen and is serving outside the United Kingdom and the qualifying territories in service under a Community institution, his or her recruitment for that service having taken place in a country which at the time of the recruitment was a member of the Communities. … (British Nationality Act 1981, Sec. 2)

Citizenship and Nationality

(1) If while a person is a minor an application is made for his registration as a British citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.
(2) A person born outside the United Kingdom and the qualifying territories shall be entitled, on an application for his registration as a British citizen made while he is a minor, to be registered as such a citizen if the requirements specified in subsection (3) or, in the case of a person born stateless, the requirements specified in paragraphs (a) and (b) of that subsection, are fulfilled in the case of either that person’s father or his mother (“the parent in question”).
(3) The requirements referred to in subsection (2) are—
(a) that the parent in question was a British citizen by descent at the time of the birth; and
(b)that the father or mother of the parent in question—
(i) was a British citizen otherwise than by descent at the time of the birth of the parent in question; or
(ii) became a British citizen otherwise than by descent at commencement, or would have become such a citizen otherwise than by descent at commencement but for his or her death; and
(c) that, as regards some period of three years ending with a date not later than the date of the birth—
(i) the parent in question was in the United Kingdom or a qualifying territory at the beginning of that period; and
(ii) the number of days on which the parent in question was absent from the United Kingdom and the qualifying territories in that period does not exceed 270.

(5) A person born outside the United Kingdom and the qualifying territories shall be entitled, on an application for his registration as a British citizen made while he is a minor, to be registered as such a citizen if the following requirements are satisfied, namely—
(a) that at the time of that person’s birth his father or mother was a British citizen by descent; and
(b) subject to subsection (6), that that person and his father and mother were in the United Kingdom or a qualifying territory at the beginning of the period of three years ending with the date of the application and that, in the case of each of them, the number of days on which the person in question was absent from the United Kingdom and the qualifying territories in that period does not exceed 270; and
(c) subject to subsection (6), that the consent of his father and mother to the registration has been signified in the prescribed manner.
(6) In the case of an application under subsection (5) for the registration of a person as a British citizen—
(a) if his father or mother died, or their marriage or civil partnership was terminated, on or before the date of the application, or his father and mother were legally separated on that date, the references to his father and mother in paragraph (b) of that subsection shall be read either as references to his father or as references to his mother; and
(b) if his father or mother died on or before that date, the reference to his father and mother in paragraph (c) of that subsection shall be read as a reference to either of them; and
(c) if he was born illegitimate, all those references shall be read as references to his mother. (British Nationality Act 1981, Sec. 3)

Citizenship and Nationality

(1) If, on an application for naturalisation as a British citizen made by a person of full age and capacity, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.
(2) If, on an application for naturalisation as a British citizen made by a person of full age and capacity who on the date of the application is married to a British citizen, or is the civil partner of a British citizen the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen. (British Nationality Act 1981, Sec. 6)2

Education

No person shall be denied the right to education. … (Art. 2, First Protocol to the European Convention on Human Rights, Human Rights Act 1998 Schedule 1)3

Equality and Non-Discrimination

Reserving to all Archbishops, Bishops, Abbots, Priors, Templars, Hospitallers, Earls, Barons, and all Persons, as well Spiritual as Temporal, all their free Liberties and free Customs, which they have had in time passed. And all these Customs and Liberties aforesaid, which We have granted to be holden within this our Realm, as much as appertaineth to Us and our Heirs, we shall observe; and all Men of this our Realm, as well Spiritual as Temporal, as much as in them is, shall observe the same against all Persons, in like wise. … (Magna Carta, Closing Text: General Saving. Observance of these Liberties. Subsidy, in respect of this Charter and Charter of the Forest)

Equality and Non-Discrimination

The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. (Art. 14 of ECHR, Human Rights Act 1998 Schedule 1)

Equality and Non-Discrimination

(1) A public authority shall in carrying out its functions relating to Northern Ireland have due regard to the need to promote equality of opportunity—
(a) between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation;
(b) between men and women generally;
… (Northern Ireland Act 1998, Sec. 75)

Equality and Non-Discrimination

… Equal opportunities, including the subject-matter of—
(a) the Equal Pay Act 1970,
(b) the Sex Discrimination Act 1975,
(c) the Race Relations Act 1976, and
(d) the Disability Discrimination Act 1995.
(Scotland Act 1998, Part II – Specific Reservations, Sec. L2 – Equal Opportunities)4

Obligations of the State

Reserving to all Archbishops, Bishops, Abbots, Priors, Templars, Hospitallers, Earls, Barons, and all Persons, as well Spiritual as Temporal, all their free Liberties and free Customs, which they have had in time passed. And all these Customs and Liberties aforesaid, which We have granted to be holden within this our Realm, as much as appertaineth to Us and our Heirs, we shall observe; and all Men of this our Realm, as well Spiritual as Temporal, as much as in them is, shall observe the same against all Persons, in like wise. And for this our Gift and Grant of these Liberties, and of other contained in our Charter of Liberties of our Forest, the Archbishops, Bishops, Abbots, Priors, Earls, Barons, Knights, Freeholders, and other our Subjects, have given unto Us the Fifteenth Part of all their Moveables. And We have granted unto them on the other part, that neither We nor our Heirs shall procure or do any thing whereby the Liberties in this Charter contained shall be infringed or broken. And if any thing be procured by any person contrary to the premises, it shall be had of no force nor effect. … (Magna Carta, Closing Text: General Saving. Observance of these Liberties. Subsidy, in respect of this Charter and Charter of the Forest)

Obligations of the State

(1) It is unlawful for a public authority to act in a way which is incompatible with a Convention right.
… (Human Rights Act 1998, Sec. 6)

Obligations of the State

A person’s reliance on a Convention right does not restrict—
(a)any other right or freedom conferred on him by or under any law having effect in any part of the United Kingdom; or
(b)his right to make any claim or bring any proceedings which he could make or bring apart from sections 7 to 9. (Human Rights Act 1998, Sec. 11)

Obligations of the State

Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention. (Art. 17 of ECHR, Human Rights Act 1998 Schedule 1)

Obligations of Private Parties

Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention. (Art. 17 of ECHR, Human Rights Act 1998 Schedule 1)

Judicial Protection

(1) A court or tribunal determining a question which has arisen in connection with a Convention right5 must take into account any—
(a) judgment, decision, declaration or advisory opinion of the European Court of Human Rights,
(b) opinion of the Commission given in a report adopted under Article 31 of the Convention,
(c) decision of the Commission in connection with Article 26 or 27(2) of the Convention, or
(d) decision of the Committee of Ministers taken under Article 46 of the Convention, whenever made or given, so far as, in the opinion of the court or tribunal, it is relevant to the proceedings in which that question has arisen.
… (Human Rights Act 1998, Sec. 2)

Judicial Protection

(1) So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights.  
(2)This section—
(a) applies to primary legislation and subordinate legislation whenever enacted;
(b) does not affect the validity, continuing operation or enforcement of any incompatible primary legislation; and
(c) does not affect the validity, continuing operation or enforcement of any incompatible subordinate legislation if (disregarding any possibility of revocation) primary legislation prevents removal of the incompatibility. (Human Rights Act 1998, Sec. 3)

Judicial Protection

(1) Subsection (2) applies in any proceedings in which a court determines whether a provision of primary legislation is compatible with a Convention right.
(2) If the court is satisfied that the provision is incompatible with a Convention right, it may make a declaration of that incompatibility.
(3) Subsection (4) applies in any proceedings in which a court determines whether a provision of subordinate legislation, made in the exercise of a power conferred by primary legislation, is compatible with a Convention right.
(4) If the court is satisfied—
(a) that the provision is incompatible with a Convention right, and
(b) that (disregarding any possibility of revocation) the primary legislation concerned prevents removal of the incompatibility,
it may make a declaration of that incompatibility.
(5) In this section “court” means—
(a) the Supreme Court;
(b) the Judicial Committee of the Privy Council;
(c) the Court Martial Appeal Court;
(d) in Scotland, the High Court of Justiciary sitting otherwise than as a trial court or the Court of Session;
(e) in England and Wales or Northern Ireland, the High Court or the Court of Appeal.
(f) the Court of Protection, in any matter being dealt with by the President of the Family Division, the Chancellor of the High Court or a puisne judge of the High Court. (Human Rights Act 1998, Sec. 4)

Judicial Protection

(1) A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section 6(1) may—
(a) bring proceedings against the authority under this Act in the appropriate court or tribunal, or
(b) rely on the Convention right or rights concerned in any legal proceedings, but only if he is (or would be) a victim of the unlawful act.
(2) In subsection (1)(a) “appropriate court or tribunal” means such court or tribunal as may be determined in accordance with rules; and proceedings against an authority include a counterclaim or similar proceeding.
(3) If the proceedings are brought on an application for judicial review, the applicant is to be taken to have a sufficient interest in relation to the unlawful act only if he is, or would be, a victim of that act.
(4) If the proceedings are made by way of a petition for judicial review in Scotland, the applicant shall be taken to have title and interest to sue in relation to the unlawful act only if he is, or would be, a victim of that act.

(6) In subsection (1)(b) “legal proceedings” includes—
(a) proceedings brought by or at the instigation of a public authority; and
(b) an appeal against the decision of a court or tribunal.
… (Human Rights Act 1998, Sec. 7)

Judicial Protection

(1) In relation to any act (or proposed act) of a public authority which the court finds is (or would be) unlawful, it may grant such relief or remedy, or make such order, within its powers as it considers just and appropriate.
(2) But damages may be awarded only by a court which has power to award damages, or to order the payment of compensation, in civil proceedings.
(3) No award of damages is to be made unless, taking account of all the circumstances of the case, including—
(a) any other relief or remedy granted, or order made, in relation to the act in question (by that or any other court), and
(b) the consequences of any decision (of that or any other court) in respect of that act, the court is satisfied that the award is necessary to afford just satisfaction to the person in whose favour it is made.
(4) In determining—
(a) whether to award damages, or
(b) the amount of an award,
the court must take into account the principles applied by the European Court of Human Rights in relation to the award of compensation under Article 41 of the Convention.
… (Human Rights Act 1998, Sec. 8)

Judicial Protection

(1) Proceedings under section 7(1)(a) in respect of a judicial act may be brought only—
(a) by exercising a right of appeal;
(b) on an application (in Scotland a petition) for judicial review; or
(c) in such other forum as may be prescribed by rules.
(2) That does not affect any rule of law which prevents a court from being the subject of judicial review.
(3) In proceedings under this Act in respect of a judicial act done in good faith, damages may not be awarded otherwise than to compensate a person to the extent required by Article 5(5) of the Convention.
(4) An award of damages permitted by subsection (3) is to be made against the Crown; but no award may be made unless the appropriate person, if not a party to the proceedings, is joined.
(5 )In this section—
• “appropriate person” means the Minister responsible for the court concerned, or a person or government department nominated by him;
• “court” includes a tribunal;
• “judge” includes a member of a tribunal, a justice of the peace (or, in Northern Ireland, a lay magistrate) and a clerk or other officer entitled to exercise the jurisdiction of a court;
• “judicial act” means a judicial act of a court and includes an act done on the instructions, or on behalf, of a judge; and
• “rules” has the same meaning as in section 7(9). (Human Rights Act 1998, Sec. 9)

Judicial Protection

(1) This section applies if—
(a) a provision of legislation has been declared under section 4 to be incompatible with a Convention right and, if an appeal lies—
(i) all persons who may appeal have stated in writing that they do not intend to do so;
(ii) the time for bringing an appeal has expired and no appeal has been brought within that time; or
(iii) an appeal brought within that time has been determined or abandoned;

(2) If a Minister of the Crown considers that there are compelling reasons for proceeding under this section, he may by order make such amendments to the legislation as he considers necessary to remove the incompatibility.
(3) If, in the case of subordinate legislation, a Minister of the Crown considers—
(a) that it is necessary to amend the primary legislation under which the subordinate legislation in question was made, in order to enable the incompatibility to be removed, and
(b) that there are compelling reasons for proceeding under this section,
he may by order make such amendments to the primary legislation as he considers necessary.
… (Human Rights Act 1998, Sec. 10)

Judicial Protection

A person’s reliance on a Convention right does not restrict—
(a) any other right or freedom conferred on him by or under any law having effect in any part of the United Kingdom; or
(b) his right to make any claim or bring any proceedings which he could make or bring apart from sections 7 to 9. (Human Rights Act 1998, Sec. 11)

Limitations and/or Derogations

Reserving to all Archbishops, Bishops, Abbots, Priors, Templars, Hospitallers, Earls, Barons, and all Persons, as well Spiritual as Temporal, all their free Liberties and free Customs, which they have had in time passed. And all these Customs and Liberties aforesaid, which We have granted to be holden within this our Realm, as much as appertaineth to Us and our Heirs, we shall observe; and all Men of this our Realm, as well Spiritual as Temporal, as much as in them is, shall observe the same against all Persons, in like wise. And for this our Gift and Grant of these Liberties, and of other contained in our Charter of Liberties of our Forest, the Archbishops, Bishops, Abbots, Priors, Earls, Barons, Knights, Freeholders, and other our Subjects, have given unto Us the Fifteenth Part of all their Moveables. And We have granted unto them on the other part, that neither We nor our Heirs shall procure or do any thing whereby the Liberties in this Charter contained shall be infringed or broken. And if any thing be procured by any person contrary to the premises, it shall be had of no force nor effect. … (Magna Carta, Closing Text: General Saving. Observance of these Liberties. Subsidy, in respect of this Charter and Charter of the Forest)

Limitations and/or Derogations

A person’s reliance on a Convention right does not restrict—
(a) any other right or freedom conferred on him by or under any law having effect in any part of the United Kingdom; or
(b) his right to make any claim or bring any proceedings which he could make or bring apart from sections 7 to 9. (Human Rights Act 1998, Sec. 11)

Limitations and/or Derogations

Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention. (Art. 17 of ECHR, Human Rights Act 1998 Schedule 1)

Limitations and/or Derogations

The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed. (Art. 18 of ECHR, Human Rights Act 1998 Schedule 1)

Limitations and/or Derogations

(1) Her Majesty may by Order in Council make emergency regulations if satisfied that the conditions in section 21 are satisfied.
(2) A senior Minister of the Crown may make emergency regulations if satisfied—
(a) that the conditions in section 21 are satisfied, and
(b) that it would not be possible, without serious delay, to arrange for an Order in Council under subsection (1).
(5) Regulations under this section must be prefaced by a statement by the person making the regulations—

(iv) is satisfied that the regulations are compatible with the Convention rights (within the meaning of section 1 of the Human Rights Act 1998 (c. 42)) (Civil Contingencies Act 2004, Sec. 20)

Limitations and/or Derogations

(5) Emergency regulations may not amend—

(b) the Human Rights Act 1998 (c. 42). (Civil Contingencies Act 2004, Sec. 23)

Marriage and Family Life

(1) Everyone has the right to respect for his private and family life, his home and his correspondence.
… (Art. 8 of ECHR, Human Rights Act 1998 Schedule 1)

Marriage and Family Life

Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right. (Art. 12 of ECHR, Human Rights Act 1998 Schedule 1)

Minorities

The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. (Art. 14 of ECHR, Human Rights Act 1998 Schedule 1)

Political Rights and Association

That Election of Members of Parliament ought to be free. (Bill of Rights 1689, Heading 24)

Political Rights and Association

(1) A person is entitled to vote as an elector at a parliamentary election in any constituency if on the date of the poll he—
(a) is registered in the register of parliamentary electors for that constituency;
(b) is not subject to any legal incapacity to vote (age apart);
(c) is either a Commonwealth citizen or a citizen of the Republic of Ireland; and
(d) is of voting age (that is, 18 years or over).
… (Representation of the People Act 1983, Sec. 1)

Political Rights and Association

(1) A person is entitled to be registered in the register of parliamentary electors for any constituency or part of a constituency if on the relevant date he—
(a) is resident in the constituency or that part of it;
(b) is not subject to any legal incapacity to vote (age apart);
(c) is either a qualifying Commonwealth citizen or a citizen of the Republic of Ireland; and
(d) is of voting age.
… (Representation of the People Act 1983, Sec. 4)

Political Rights and Association

1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, … (Art. 11 of ECHR, Human Rights Act 1998 Schedule 1)

Head of State

That the Succession to the Monarchy of the United Kingdom of Great Britain and of the Dominions thereto belonging after Her most Sacred Majesty and in default of Issue of Her Majesty be remain and continue to the most Excellent Princess Sophia Electoress and Dutchess Dowager of Hanover and the Heirs of her body being Protestants upon whom the Crown of England is settled by an Act of Parliament made in England in the Twelfth year of the reign of His late Majesty King William the Third intituled an Act for the further Limitation of the Crown and better securing the rights and Liberites of the Subject And that all Papists and persons marrying Papists shall be excluded from and for ever incapable to inherit possess or enjoy the Imperial Crown of Great Britain and the Dominions thereunto belonging or any part thereof and in every such Case the Crown and Government shall from time to time descend to and be enjoyed by such person being a Protestant as should have inherited and enjoyed the same in case such Papist or person marrying a Papist was naturally dead according to the Provision for the descent of the Crown of England made by another Act of Parliament in England in the first year of the reign of Their late Majesties King William and Queen Mary intituled an Act declaring the Rights and Liberites of the Subject and settling the Succession of the Crown. (Union with Scotland Act 1706, Art. II)6

Legislature

That Election of Members of Parliament ought to be free. (Bill of Rights 1689, Heading 24)

Legislature

That the United Kingdom of Great Britain be represented by one and the same Parliament to be stiled The Parliament of Great Britain. (Union with Scotland Act 1706, Art. III)

Legislature

1. Her Majesty shall have power by letters patent to confer on any person a peerage for life having the incidents specified in subsection (2) of this section.

3. A life peerage may be conferred under this section on a woman. (Life Peerages Act 1958, Sec. 1)

Property, Inheritance and Land Tenure

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. … (Art. 1 ECHR First Protocol, Human Rights Act 1998 Schedule 1)

Protection from Violence

No one shall be subjected to torture or to inhuman or degrading treatment or punishment. (Art. 3 of ECHR, Human Rights Act 1998 Schedule 1)

Protection from Violence

1. No one shall be held in slavery or servitude.
2. No one shall be required to perform forced or compulsory labour.
… (Art. 4 of ECHR, Human Rights Act 1998 Schedule 1)

Protection from Violence

1. Everyone has the right to liberty and security of person. … (Art. 5 of ECHR, Human Rights Act 1998 Schedule 1)

Sexual Orientation and Gender Identity

(1) A public authority shall in carrying out its functions relating to Northern Ireland have due regard to the need to promote equality of opportunity—
(a) between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation;
… (Northern Ireland Act 1998, Sec. 75)

Status of International Law

(1) A court or tribunal determining a question which has arisen in connection with a Convention right7 must take into account any—
(a) judgment, decision, declaration or advisory opinion of the European Court of Human Rights,
(b) opinion of the Commission given in a report adopted under Article 31 of the Convention,
(c) decision of the Commission in connection with Article 26 or 27(2) of the Convention, or
(d) decision of the Committee of Ministers taken under Article 46 of the Convention, whenever made or given, so far as, in the opinion of the court or tribunal, it is relevant to the proceedings in which that question has arisen.
… (Human Rights Act 1998, Sec. 2)

Status of International Law

(1) So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights.
(2) This section—
(a) applies to primary legislation and subordinate legislation whenever enacted;
(b) does not affect the validity, continuing operation or enforcement of any incompatible primary legislation; and
(c) does not affect the validity, continuing operation or enforcement of any incompatible subordinate legislation if (disregarding any possibility of revocation) primary legislation prevents removal of the incompatibility. (Human Rights Act 1998, Sec. 3)

Status of International Law

(1) It is unlawful for a public authority to act in a way which is incompatible with a Convention right.
(2) Subsection (1) does not apply to an act if—
(a) as the result of one or more provisions of primary legislation, the authority could not have acted differently; or
(b) in the case of one or more provisions of, or made under, primary legislation which cannot be read or given effect in a way which is compatible with the Convention rights, the authority was acting so as to give effect to or enforce those provisions.
(3) In this section “public authority” includes—
(a) a court or tribunal, and
(b) any person certain of whose functions are functions of a public nature, but does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.
(4) (Repealed)
(5) In relation to a particular act, a person is not a public authority by virtue only of subsection (3) (b) if the nature of the act is private.
(6) “An act” includes a failure to act but does not include a failure to—
(a) introduce in, or lay before, Parliament a proposal for legislation; or
(b) Make any primary legislation or remedial order. (Human Rights Act 1998, Sec. 6)

Status of International Law

(4) In determining—
(a) whether to award damages, or
(b) the amount of an award, the court must take into account the principles applied by the European Court of Human Rights in relation to the award of compensation under Article 41 of the Convention. … (Human Rights Act 1998, Sec. 8)

Status of International Law

(1) This section applies if—

(b) it appears to a Minister of the Crown or Her Majesty in Council that, having regard to a finding of the European Court of Human Rights made after the coming into force of this section in proceedings against the United Kingdom, a provision of legislation is incompatible with an obligation of the United Kingdom arising from the Convention.
(2) If a Minister of the Crown considers that there are compelling reasons for proceeding under this section, he may by order make such amendments to the legislation as he considers necessary to remove the incompatibility.
(3) If, in the case of subordinate legislation, a Minister of the Crown considers—
(a) that it is necessary to amend the primary legislation under which the subordinate legislation in question was made, in order to enable the incompatibility to be removed, and
(b) that there are compelling reasons for proceeding under this section, he may by order make such amendments to the primary legislation as he considers necessary.
… (Human Rights Act 1998, Sec. 10)

Citizenship and Nationality

English

(1) A person born in the United Kingdom after commencement or in a qualifying territory on or after the appointed day, shall be a British citizen if at the time of the birth his father or mother is—
(a) a British citizen; or
(b) settled in the United Kingdom or that territory.
(1A) A person born in the United Kingdom or a qualifying territory on or after the relevant day shall be a British citizen if at the time of the birth his father or mother is a member of the armed forces.
(2) A new-born infant who, after commencement, is found abandoned in the United Kingdom, or on or after the appointed day is found abandoned in a qualifying territory, shall, unless the contrary is shown, be deemed for the purposes of subsection (1)—
(a) to have been born in the United Kingdom after commencement or in that territory on or after the appointed day; and
(b) to have been born to a parent who at the time of the birth was a British citizen or settled in the United Kingdom or that territory.
(3) A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1), (1A) or (2) shall be entitled to be registered as a British citizen if, while he is a minor—
(a) his father or mother becomes a British citizen or becomes settled in the United Kingdom; and
(b) an application is made for his registration as a British citizen.
(3A) A person born in the United Kingdom on or after the relevant day who is not a British citizen by virtue of subsection (1), (1A) or (2) shall be entitled to be registered as a British citizen if, while he is a minor—
(a)his father or mother becomes a member of the armed forces; and (b)an application is made for his registration as a British citizen. … (British Nationality Act 1981, Sec. 1)

Citizenship and Nationality

English

(1) A person born outside the United Kingdom and the qualifying territories after commencement shall be a British citizen if at the time of the birth his father or mother—
(a) is a British citizen otherwise than by descent;
(b) is a British citizen and is serving outside the United Kingdom and the qualifying territories in service to which this paragraph applies, his or her recruitment for that service having taken place in the United Kingdom or a qualifying territory; or
(c) is a British citizen and is serving outside the United Kingdom and the qualifying territories in service under a Community institution, his or her recruitment for that service having taken place in a country which at the time of the recruitment was a member of the Communities. … (British Nationality Act 1981, Sec. 2)

Citizenship and Nationality

English

(1) If while a person is a minor an application is made for his registration as a British citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.
(2) A person born outside the United Kingdom and the qualifying territories shall be entitled, on an application for his registration as a British citizen made while he is a minor, to be registered as such a citizen if the requirements specified in subsection (3) or, in the case of a person born stateless, the requirements specified in paragraphs (a) and (b) of that subsection, are fulfilled in the case of either that person’s father or his mother (“the parent in question”).
(3) The requirements referred to in subsection (2) are—
(a) that the parent in question was a British citizen by descent at the time of the birth; and
(b)that the father or mother of the parent in question—
(i) was a British citizen otherwise than by descent at the time of the birth of the parent in question; or
(ii) became a British citizen otherwise than by descent at commencement, or would have become such a citizen otherwise than by descent at commencement but for his or her death; and
(c) that, as regards some period of three years ending with a date not later than the date of the birth—
(i) the parent in question was in the United Kingdom or a qualifying territory at the beginning of that period; and
(ii) the number of days on which the parent in question was absent from the United Kingdom and the qualifying territories in that period does not exceed 270.

(5) A person born outside the United Kingdom and the qualifying territories shall be entitled, on an application for his registration as a British citizen made while he is a minor, to be registered as such a citizen if the following requirements are satisfied, namely—
(a) that at the time of that person’s birth his father or mother was a British citizen by descent; and
(b) subject to subsection (6), that that person and his father and mother were in the United Kingdom or a qualifying territory at the beginning of the period of three years ending with the date of the application and that, in the case of each of them, the number of days on which the person in question was absent from the United Kingdom and the qualifying territories in that period does not exceed 270; and
(c) subject to subsection (6), that the consent of his father and mother to the registration has been signified in the prescribed manner.
(6) In the case of an application under subsection (5) for the registration of a person as a British citizen—
(a) if his father or mother died, or their marriage or civil partnership was terminated, on or before the date of the application, or his father and mother were legally separated on that date, the references to his father and mother in paragraph (b) of that subsection shall be read either as references to his father or as references to his mother; and
(b) if his father or mother died on or before that date, the reference to his father and mother in paragraph (c) of that subsection shall be read as a reference to either of them; and
(c) if he was born illegitimate, all those references shall be read as references to his mother. (British Nationality Act 1981, Sec. 3)

Citizenship and Nationality

English

(1) If, on an application for naturalisation as a British citizen made by a person of full age and capacity, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.
(2) If, on an application for naturalisation as a British citizen made by a person of full age and capacity who on the date of the application is married to a British citizen, or is the civil partner of a British citizen the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen. (British Nationality Act 1981, Sec. 6)2

Education

English

No person shall be denied the right to education. … (Art. 2, First Protocol to the European Convention on Human Rights, Human Rights Act 1998 Schedule 1)3

Equality and Non-Discrimination

English

Reserving to all Archbishops, Bishops, Abbots, Priors, Templars, Hospitallers, Earls, Barons, and all Persons, as well Spiritual as Temporal, all their free Liberties and free Customs, which they have had in time passed. And all these Customs and Liberties aforesaid, which We have granted to be holden within this our Realm, as much as appertaineth to Us and our Heirs, we shall observe; and all Men of this our Realm, as well Spiritual as Temporal, as much as in them is, shall observe the same against all Persons, in like wise. … (Magna Carta, Closing Text: General Saving. Observance of these Liberties. Subsidy, in respect of this Charter and Charter of the Forest)

Equality and Non-Discrimination

English

The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. (Art. 14 of ECHR, Human Rights Act 1998 Schedule 1)

Equality and Non-Discrimination

English

(1) A public authority shall in carrying out its functions relating to Northern Ireland have due regard to the need to promote equality of opportunity—
(a) between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation;
(b) between men and women generally;
… (Northern Ireland Act 1998, Sec. 75)

Equality and Non-Discrimination

English

… Equal opportunities, including the subject-matter of—
(a) the Equal Pay Act 1970,
(b) the Sex Discrimination Act 1975,
(c) the Race Relations Act 1976, and
(d) the Disability Discrimination Act 1995.
(Scotland Act 1998, Part II – Specific Reservations, Sec. L2 – Equal Opportunities)4

Obligations of the State

English

Reserving to all Archbishops, Bishops, Abbots, Priors, Templars, Hospitallers, Earls, Barons, and all Persons, as well Spiritual as Temporal, all their free Liberties and free Customs, which they have had in time passed. And all these Customs and Liberties aforesaid, which We have granted to be holden within this our Realm, as much as appertaineth to Us and our Heirs, we shall observe; and all Men of this our Realm, as well Spiritual as Temporal, as much as in them is, shall observe the same against all Persons, in like wise. And for this our Gift and Grant of these Liberties, and of other contained in our Charter of Liberties of our Forest, the Archbishops, Bishops, Abbots, Priors, Earls, Barons, Knights, Freeholders, and other our Subjects, have given unto Us the Fifteenth Part of all their Moveables. And We have granted unto them on the other part, that neither We nor our Heirs shall procure or do any thing whereby the Liberties in this Charter contained shall be infringed or broken. And if any thing be procured by any person contrary to the premises, it shall be had of no force nor effect. … (Magna Carta, Closing Text: General Saving. Observance of these Liberties. Subsidy, in respect of this Charter and Charter of the Forest)

Obligations of the State

English

(1) It is unlawful for a public authority to act in a way which is incompatible with a Convention right.
… (Human Rights Act 1998, Sec. 6)

Obligations of the State

English

A person’s reliance on a Convention right does not restrict—
(a)any other right or freedom conferred on him by or under any law having effect in any part of the United Kingdom; or
(b)his right to make any claim or bring any proceedings which he could make or bring apart from sections 7 to 9. (Human Rights Act 1998, Sec. 11)

Obligations of the State

English

Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention. (Art. 17 of ECHR, Human Rights Act 1998 Schedule 1)

Obligations of Private Parties

English

Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention. (Art. 17 of ECHR, Human Rights Act 1998 Schedule 1)

Judicial Protection

English

(1) A court or tribunal determining a question which has arisen in connection with a Convention right5 must take into account any—
(a) judgment, decision, declaration or advisory opinion of the European Court of Human Rights,
(b) opinion of the Commission given in a report adopted under Article 31 of the Convention,
(c) decision of the Commission in connection with Article 26 or 27(2) of the Convention, or
(d) decision of the Committee of Ministers taken under Article 46 of the Convention, whenever made or given, so far as, in the opinion of the court or tribunal, it is relevant to the proceedings in which that question has arisen.
… (Human Rights Act 1998, Sec. 2)

Judicial Protection

English

(1) So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights.  
(2)This section—
(a) applies to primary legislation and subordinate legislation whenever enacted;
(b) does not affect the validity, continuing operation or enforcement of any incompatible primary legislation; and
(c) does not affect the validity, continuing operation or enforcement of any incompatible subordinate legislation if (disregarding any possibility of revocation) primary legislation prevents removal of the incompatibility. (Human Rights Act 1998, Sec. 3)

Judicial Protection

English

(1) Subsection (2) applies in any proceedings in which a court determines whether a provision of primary legislation is compatible with a Convention right.
(2) If the court is satisfied that the provision is incompatible with a Convention right, it may make a declaration of that incompatibility.
(3) Subsection (4) applies in any proceedings in which a court determines whether a provision of subordinate legislation, made in the exercise of a power conferred by primary legislation, is compatible with a Convention right.
(4) If the court is satisfied—
(a) that the provision is incompatible with a Convention right, and
(b) that (disregarding any possibility of revocation) the primary legislation concerned prevents removal of the incompatibility,
it may make a declaration of that incompatibility.
(5) In this section “court” means—
(a) the Supreme Court;
(b) the Judicial Committee of the Privy Council;
(c) the Court Martial Appeal Court;
(d) in Scotland, the High Court of Justiciary sitting otherwise than as a trial court or the Court of Session;
(e) in England and Wales or Northern Ireland, the High Court or the Court of Appeal.
(f) the Court of Protection, in any matter being dealt with by the President of the Family Division, the Chancellor of the High Court or a puisne judge of the High Court. (Human Rights Act 1998, Sec. 4)

Judicial Protection

English

(1) A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section 6(1) may—
(a) bring proceedings against the authority under this Act in the appropriate court or tribunal, or
(b) rely on the Convention right or rights concerned in any legal proceedings, but only if he is (or would be) a victim of the unlawful act.
(2) In subsection (1)(a) “appropriate court or tribunal” means such court or tribunal as may be determined in accordance with rules; and proceedings against an authority include a counterclaim or similar proceeding.
(3) If the proceedings are brought on an application for judicial review, the applicant is to be taken to have a sufficient interest in relation to the unlawful act only if he is, or would be, a victim of that act.
(4) If the proceedings are made by way of a petition for judicial review in Scotland, the applicant shall be taken to have title and interest to sue in relation to the unlawful act only if he is, or would be, a victim of that act.

(6) In subsection (1)(b) “legal proceedings” includes—
(a) proceedings brought by or at the instigation of a public authority; and
(b) an appeal against the decision of a court or tribunal.
… (Human Rights Act 1998, Sec. 7)

Judicial Protection

English

(1) In relation to any act (or proposed act) of a public authority which the court finds is (or would be) unlawful, it may grant such relief or remedy, or make such order, within its powers as it considers just and appropriate.
(2) But damages may be awarded only by a court which has power to award damages, or to order the payment of compensation, in civil proceedings.
(3) No award of damages is to be made unless, taking account of all the circumstances of the case, including—
(a) any other relief or remedy granted, or order made, in relation to the act in question (by that or any other court), and
(b) the consequences of any decision (of that or any other court) in respect of that act, the court is satisfied that the award is necessary to afford just satisfaction to the person in whose favour it is made.
(4) In determining—
(a) whether to award damages, or
(b) the amount of an award,
the court must take into account the principles applied by the European Court of Human Rights in relation to the award of compensation under Article 41 of the Convention.
… (Human Rights Act 1998, Sec. 8)

Judicial Protection

English

(1) Proceedings under section 7(1)(a) in respect of a judicial act may be brought only—
(a) by exercising a right of appeal;
(b) on an application (in Scotland a petition) for judicial review; or
(c) in such other forum as may be prescribed by rules.
(2) That does not affect any rule of law which prevents a court from being the subject of judicial review.
(3) In proceedings under this Act in respect of a judicial act done in good faith, damages may not be awarded otherwise than to compensate a person to the extent required by Article 5(5) of the Convention.
(4) An award of damages permitted by subsection (3) is to be made against the Crown; but no award may be made unless the appropriate person, if not a party to the proceedings, is joined.
(5 )In this section—
• “appropriate person” means the Minister responsible for the court concerned, or a person or government department nominated by him;
• “court” includes a tribunal;
• “judge” includes a member of a tribunal, a justice of the peace (or, in Northern Ireland, a lay magistrate) and a clerk or other officer entitled to exercise the jurisdiction of a court;
• “judicial act” means a judicial act of a court and includes an act done on the instructions, or on behalf, of a judge; and
• “rules” has the same meaning as in section 7(9). (Human Rights Act 1998, Sec. 9)

Judicial Protection

English

(1) This section applies if—
(a) a provision of legislation has been declared under section 4 to be incompatible with a Convention right and, if an appeal lies—
(i) all persons who may appeal have stated in writing that they do not intend to do so;
(ii) the time for bringing an appeal has expired and no appeal has been brought within that time; or
(iii) an appeal brought within that time has been determined or abandoned;

(2) If a Minister of the Crown considers that there are compelling reasons for proceeding under this section, he may by order make such amendments to the legislation as he considers necessary to remove the incompatibility.
(3) If, in the case of subordinate legislation, a Minister of the Crown considers—
(a) that it is necessary to amend the primary legislation under which the subordinate legislation in question was made, in order to enable the incompatibility to be removed, and
(b) that there are compelling reasons for proceeding under this section,
he may by order make such amendments to the primary legislation as he considers necessary.
… (Human Rights Act 1998, Sec. 10)

Judicial Protection

English

A person’s reliance on a Convention right does not restrict—
(a) any other right or freedom conferred on him by or under any law having effect in any part of the United Kingdom; or
(b) his right to make any claim or bring any proceedings which he could make or bring apart from sections 7 to 9. (Human Rights Act 1998, Sec. 11)

Limitations and/or Derogations

English

Reserving to all Archbishops, Bishops, Abbots, Priors, Templars, Hospitallers, Earls, Barons, and all Persons, as well Spiritual as Temporal, all their free Liberties and free Customs, which they have had in time passed. And all these Customs and Liberties aforesaid, which We have granted to be holden within this our Realm, as much as appertaineth to Us and our Heirs, we shall observe; and all Men of this our Realm, as well Spiritual as Temporal, as much as in them is, shall observe the same against all Persons, in like wise. And for this our Gift and Grant of these Liberties, and of other contained in our Charter of Liberties of our Forest, the Archbishops, Bishops, Abbots, Priors, Earls, Barons, Knights, Freeholders, and other our Subjects, have given unto Us the Fifteenth Part of all their Moveables. And We have granted unto them on the other part, that neither We nor our Heirs shall procure or do any thing whereby the Liberties in this Charter contained shall be infringed or broken. And if any thing be procured by any person contrary to the premises, it shall be had of no force nor effect. … (Magna Carta, Closing Text: General Saving. Observance of these Liberties. Subsidy, in respect of this Charter and Charter of the Forest)

Limitations and/or Derogations

English

A person’s reliance on a Convention right does not restrict—
(a) any other right or freedom conferred on him by or under any law having effect in any part of the United Kingdom; or
(b) his right to make any claim or bring any proceedings which he could make or bring apart from sections 7 to 9. (Human Rights Act 1998, Sec. 11)

Limitations and/or Derogations

English

Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention. (Art. 17 of ECHR, Human Rights Act 1998 Schedule 1)

Limitations and/or Derogations

English

The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed. (Art. 18 of ECHR, Human Rights Act 1998 Schedule 1)

Limitations and/or Derogations

English

(1) Her Majesty may by Order in Council make emergency regulations if satisfied that the conditions in section 21 are satisfied.
(2) A senior Minister of the Crown may make emergency regulations if satisfied—
(a) that the conditions in section 21 are satisfied, and
(b) that it would not be possible, without serious delay, to arrange for an Order in Council under subsection (1).
(5) Regulations under this section must be prefaced by a statement by the person making the regulations—

(iv) is satisfied that the regulations are compatible with the Convention rights (within the meaning of section 1 of the Human Rights Act 1998 (c. 42)) (Civil Contingencies Act 2004, Sec. 20)

Limitations and/or Derogations

English

(5) Emergency regulations may not amend—

(b) the Human Rights Act 1998 (c. 42). (Civil Contingencies Act 2004, Sec. 23)

Marriage and Family Life

English

(1) Everyone has the right to respect for his private and family life, his home and his correspondence.
… (Art. 8 of ECHR, Human Rights Act 1998 Schedule 1)

Marriage and Family Life

English

Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right. (Art. 12 of ECHR, Human Rights Act 1998 Schedule 1)

Minorities

English

The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. (Art. 14 of ECHR, Human Rights Act 1998 Schedule 1)

Political Rights and Association

English

That Election of Members of Parliament ought to be free. (Bill of Rights 1689, Heading 24)

Political Rights and Association

English

(1) A person is entitled to vote as an elector at a parliamentary election in any constituency if on the date of the poll he—
(a) is registered in the register of parliamentary electors for that constituency;
(b) is not subject to any legal incapacity to vote (age apart);
(c) is either a Commonwealth citizen or a citizen of the Republic of Ireland; and
(d) is of voting age (that is, 18 years or over).
… (Representation of the People Act 1983, Sec. 1)

Political Rights and Association

English

(1) A person is entitled to be registered in the register of parliamentary electors for any constituency or part of a constituency if on the relevant date he—
(a) is resident in the constituency or that part of it;
(b) is not subject to any legal incapacity to vote (age apart);
(c) is either a qualifying Commonwealth citizen or a citizen of the Republic of Ireland; and
(d) is of voting age.
… (Representation of the People Act 1983, Sec. 4)

Political Rights and Association

English

1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, … (Art. 11 of ECHR, Human Rights Act 1998 Schedule 1)

Head of State

English

That the Succession to the Monarchy of the United Kingdom of Great Britain and of the Dominions thereto belonging after Her most Sacred Majesty and in default of Issue of Her Majesty be remain and continue to the most Excellent Princess Sophia Electoress and Dutchess Dowager of Hanover and the Heirs of her body being Protestants upon whom the Crown of England is settled by an Act of Parliament made in England in the Twelfth year of the reign of His late Majesty King William the Third intituled an Act for the further Limitation of the Crown and better securing the rights and Liberites of the Subject And that all Papists and persons marrying Papists shall be excluded from and for ever incapable to inherit possess or enjoy the Imperial Crown of Great Britain and the Dominions thereunto belonging or any part thereof and in every such Case the Crown and Government shall from time to time descend to and be enjoyed by such person being a Protestant as should have inherited and enjoyed the same in case such Papist or person marrying a Papist was naturally dead according to the Provision for the descent of the Crown of England made by another Act of Parliament in England in the first year of the reign of Their late Majesties King William and Queen Mary intituled an Act declaring the Rights and Liberites of the Subject and settling the Succession of the Crown. (Union with Scotland Act 1706, Art. II)6

Legislature

English

That Election of Members of Parliament ought to be free. (Bill of Rights 1689, Heading 24)

Legislature

English

That the United Kingdom of Great Britain be represented by one and the same Parliament to be stiled The Parliament of Great Britain. (Union with Scotland Act 1706, Art. III)

Legislature

English

1. Her Majesty shall have power by letters patent to confer on any person a peerage for life having the incidents specified in subsection (2) of this section.

3. A life peerage may be conferred under this section on a woman. (Life Peerages Act 1958, Sec. 1)

Property, Inheritance and Land Tenure

English

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. … (Art. 1 ECHR First Protocol, Human Rights Act 1998 Schedule 1)

Protection from Violence

English

No one shall be subjected to torture or to inhuman or degrading treatment or punishment. (Art. 3 of ECHR, Human Rights Act 1998 Schedule 1)

Protection from Violence

English

1. No one shall be held in slavery or servitude.
2. No one shall be required to perform forced or compulsory labour.
… (Art. 4 of ECHR, Human Rights Act 1998 Schedule 1)

Protection from Violence

English

1. Everyone has the right to liberty and security of person. … (Art. 5 of ECHR, Human Rights Act 1998 Schedule 1)

Sexual Orientation and Gender Identity

English

(1) A public authority shall in carrying out its functions relating to Northern Ireland have due regard to the need to promote equality of opportunity—
(a) between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation;
… (Northern Ireland Act 1998, Sec. 75)

Status of International Law

English

(1) A court or tribunal determining a question which has arisen in connection with a Convention right7 must take into account any—
(a) judgment, decision, declaration or advisory opinion of the European Court of Human Rights,
(b) opinion of the Commission given in a report adopted under Article 31 of the Convention,
(c) decision of the Commission in connection with Article 26 or 27(2) of the Convention, or
(d) decision of the Committee of Ministers taken under Article 46 of the Convention, whenever made or given, so far as, in the opinion of the court or tribunal, it is relevant to the proceedings in which that question has arisen.
… (Human Rights Act 1998, Sec. 2)

Status of International Law

English

(1) So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights.
(2) This section—
(a) applies to primary legislation and subordinate legislation whenever enacted;
(b) does not affect the validity, continuing operation or enforcement of any incompatible primary legislation; and
(c) does not affect the validity, continuing operation or enforcement of any incompatible subordinate legislation if (disregarding any possibility of revocation) primary legislation prevents removal of the incompatibility. (Human Rights Act 1998, Sec. 3)

Status of International Law

English

(1) It is unlawful for a public authority to act in a way which is incompatible with a Convention right.
(2) Subsection (1) does not apply to an act if—
(a) as the result of one or more provisions of primary legislation, the authority could not have acted differently; or
(b) in the case of one or more provisions of, or made under, primary legislation which cannot be read or given effect in a way which is compatible with the Convention rights, the authority was acting so as to give effect to or enforce those provisions.
(3) In this section “public authority” includes—
(a) a court or tribunal, and
(b) any person certain of whose functions are functions of a public nature, but does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.
(4) (Repealed)
(5) In relation to a particular act, a person is not a public authority by virtue only of subsection (3) (b) if the nature of the act is private.
(6) “An act” includes a failure to act but does not include a failure to—
(a) introduce in, or lay before, Parliament a proposal for legislation; or
(b) Make any primary legislation or remedial order. (Human Rights Act 1998, Sec. 6)

Status of International Law

English

(4) In determining—
(a) whether to award damages, or
(b) the amount of an award, the court must take into account the principles applied by the European Court of Human Rights in relation to the award of compensation under Article 41 of the Convention. … (Human Rights Act 1998, Sec. 8)

Status of International Law

English

(1) This section applies if—

(b) it appears to a Minister of the Crown or Her Majesty in Council that, having regard to a finding of the European Court of Human Rights made after the coming into force of this section in proceedings against the United Kingdom, a provision of legislation is incompatible with an obligation of the United Kingdom arising from the Convention.
(2) If a Minister of the Crown considers that there are compelling reasons for proceeding under this section, he may by order make such amendments to the legislation as he considers necessary to remove the incompatibility.
(3) If, in the case of subordinate legislation, a Minister of the Crown considers—
(a) that it is necessary to amend the primary legislation under which the subordinate legislation in question was made, in order to enable the incompatibility to be removed, and
(b) that there are compelling reasons for proceeding under this section, he may by order make such amendments to the primary legislation as he considers necessary.
… (Human Rights Act 1998, Sec. 10)

1

Constitution of the United Kingdom 1215, as amended to 2013. The United Kingdom does not possess a codified "constitution" but an unwritten one consisting of Acts of Parliament, court judgments and conventions (English) and the British Nationality Act 1981 (English). UN Women database provisions are based on these sources.
Links to all sites last visited 2 March 2016

2

For other provisions on citizenship and nationality, refer to the whole British National Act 1981.

3

Hereinafter ECHR.

4

1 “The matters to which any of the Sections in this Part apply are reserved matters for the purposes of this Act. …” (Scotland Act 1998, Part II – Specific Reservations, Preliminary)

5

According to Sec. 1: (1) “In this Act “the Convention rights” means the rights and fundamental freedoms set out in—
(a) Articles 2 to 12 and 14 of the Convention,
(b) Articles 1 to 3 of the First Protocol, and
(c) Article 1 of the Thirteenth Protocol as read with Articles 16 to 18 of the Convention.
(2) Those Articles are to have effect for the purposes of this Act subject to any designated derogation or reservation (as to which see sections 14 and 15)
(3) The Articles are set out in Schedule 1. …”

6

Also refer to Act of Settlement 1700.

7

According to Sec. 1: (1) “In this Act “the Convention rights” means the rights and fundamental freedoms set out in—
(a) Articles 2 to 12 and 14 of the Convention,

(b) Articles 1 to 3 of the First Protocol, and

(c) Article 1 of the Thirteenth Protocol as read with Articles 16 to 18 of the Convention.

(2) Those Articles are to have effect for the purposes of this Act subject to any designated derogation or reservation (as to which see sections 14 and 15).
(3) The Articles are set out in Schedule 1. …”