Overview

This bill aims to clarify the definition of "public authority" within the Human Rights Act 1998. This clarification will affect how the Act applies to various bodies and their actions, ensuring better consistency in determining which entities are accountable under the Act.

Description

The bill amends section 6 of the Human Rights Act 1998, focusing on what constitutes a "public authority." It outlines several factors to be considered when determining if a body is a public authority, including:

• The level of state responsibility for the body's functions.
• The state's role and responsibility concerning the body's subject matter.
• The public interest in the body's functions.
• The existence of any statutory powers or duties.
• The extent of state regulation, supervision, or inspection.
• State funding of the body's functions.
• Use of statutory coercive powers.
• The risk of the body's actions violating Convention rights.

The bill explicitly states that a function of a public nature includes any function performed wholly or partially at public expense, regardless of the legal status of the performer or contractual arrangements.

Government Spending

The bill does not directly impact government spending. Its effects are related to the interpretation and application of existing laws, influencing which bodies fall under the purview of the Human Rights Act 1998 and their consequent accountability.

Groups Affected

The bill potentially affects a wide range of groups, including:

• Private companies performing public functions: The bill's clarification could lead to increased accountability for private companies contracted to perform public services.
• NGOs and charities: Depending on their level of state involvement and funding, some NGOs and charities may find themselves subject to greater scrutiny under the Human Rights Act.
• Individuals: Individuals may find it easier to bring claims against bodies deemed public authorities under the amended definition.
• Government departments and agencies: The bill clarifies the government’s own accountability under the Act.

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