Overview

This bill aims to clarify the definition of "public authority" within the Human Rights Act 1998. This will affect how the Act applies to various organisations and their actions, impacting the enforcement of human rights in the UK.

Description

The bill amends section 6 of the Human Rights Act 1998, specifying the factors to consider when determining if a body is a "public authority". These factors include:

• The extent of state responsibility for the body's functions.
• The state's role and responsibility regarding the subject matter.
• The public interest in the body's functions.
• The presence of statutory powers or duties.
• The level of state regulation, supervision, or inspection.
• The extent of state funding.
• The use of statutory coercive powers.
• The risk of human rights violations from improper performance.

The bill 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 doesn't directly specify changes to government spending. However, clarifying the definition of "public authority" may indirectly influence future spending decisions related to human rights compliance and enforcement across various public and private bodies.

Groups Affected

This bill could affect a wide range of groups, including:

• Private companies performing public functions (e.g., those contracted by the government): Increased accountability for human rights violations.
• Charities and NGOs involved in public services: Increased accountability if performing functions considered "public" under the revised definition.
• Individuals bringing human rights claims: Potential expansion or contraction of the range of organisations that can be held accountable under the Human Rights Act.
• Government bodies and departments: Clarified responsibilities and legal obligations regarding human rights compliance.

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