Overview

This bill clarifies the definition of "public authority" within the Human Rights Act 1998. It aims to provide clearer criteria for determining whether a body is subject to the Act's provisions, ensuring greater consistency in the application of human rights protections.

Description

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

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

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 doesn't directly specify changes to government spending. Its impact on spending is indirect, potentially affecting the costs associated with litigation and compliance with human rights obligations depending on the interpretation and application of the clarified definition.

Groups Affected

The bill could affect various groups, including:

• Private companies performing public functions: Increased clarity might lead to greater accountability for human rights compliance if determined to be public authorities.
• Individuals: Enhanced clarity could potentially improve access to legal remedies for human rights violations.
• Public bodies: A clearer understanding of their responsibilities under the Human Rights Act could lead to changes in policy and practice.
• Courts: The bill could influence judicial decisions on determining public authority status.

Powered by nyModel