Overview

This bill clarifies the definition of "public function" within the Human Rights Act 1998. It aims to provide more specific criteria for determining when a private body is acting as a public authority, therefore subject to the Act's provisions regarding human rights.

Description

The bill amends Section 6(3)(b) of the Human Rights Act 1998, which deals with acts of public authorities. It lists factors to be considered when deciding if a function is "public":

• The state's assumed responsibility for the function.
• The state's role and responsibility regarding the function's subject matter.
• The public interest in the function.
• The existence of any statutory power or duty related to the function.
• The extent of state regulation, supervision, or inspection of the function.
• State payments for the function.
• Whether the function involves using statutory coercive powers.
• The risk of the function violating an individual's Convention rights if improperly performed.

It also clarifies that a function of a public nature includes those performed wholly or partially at public expense, regardless of the performer's legal status or contractual arrangements.

Government Spending

The bill does not directly specify any changes to government spending. The financial impact will likely depend on the interpretations and applications of the clarified definition of "public function," potentially affecting litigation costs or the need for additional oversight of private entities performing public functions.

Groups Affected

This bill could affect:

• Private companies performing public services: The clarification may expand the scope of the Human Rights Act, leading to increased scrutiny and potential liability for companies contracted by the state to perform public services (e.g., healthcare providers, prison management companies).
• Individuals: Individuals may find it easier to bring claims against private bodies if the clarified definition of public function extends the Act's protection to them.
• Government departments and agencies: The bill might lead to increased workload or costs for government departments responsible for ensuring compliance with human rights obligations.
• Courts: Courts will have a more detailed framework for determining cases related to public functions under the Human Rights Act.

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