Overview

This bill clarifies the definition of "public authority" within the Human Rights Act 1998. It aims to provide clearer guidelines for determining when a body is subject to the Act's requirements, ensuring better protection of human rights.

Description

The bill amends section 6 of the Human Rights Act 1998, specifically focusing on what constitutes a "public authority." It outlines eight key factors to consider when determining whether a body is a public authority, including:

• The level of state responsibility for the function.
• The state's role in the relevant subject matter.
• The public interest in the function.
• The existence of any statutory power or duty.
• State regulation, supervision, or inspection of the function.
• State funding of the function.
• The use of statutory coercive powers.
• The risk of the function violating individual Convention rights.

Furthermore, it clarifies that a function of a public nature includes those performed wholly or partially at public expense, regardless of the legal status of the performing body or the nature of any agreement involved.

Government Spending

The bill itself doesn't directly involve significant government spending. Its impact on spending is indirect, potentially leading to increased costs for bodies deemed public authorities, who will have to ensure compliance with the Human Rights Act.

Groups Affected

The bill will affect a wide range of organizations and individuals. Those potentially affected include:

• Private companies: Those carrying out functions previously considered outside the scope of the Act may now be subject to its provisions.
• Non-governmental organizations (NGOs): Similarly, NGOs receiving substantial public funding or performing functions of a public nature could be affected.
• Individuals: Individuals interacting with bodies deemed public authorities under the revised definition will have increased protection under the Human Rights Act.
• The Judiciary: Courts will have to apply the amended definition in determining cases.

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