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SupplementalU.K.

20 Orders etc. under this Act.U.K.

(1)Any power of a Minister of the Crown to make an order under this Act is exercisable by statutory instrument.

(2)The power of F1. . . [F2the Lord Chancellor or] the Secretary of State to make rules (other than rules of court) under section 2(3) or 7(9) is exercisable by statutory instrument.

(3)Any statutory instrument made under section 14, 15 or 16(7) must be laid before Parliament.

(4)No order may be made by F3. . . [F4the Lord Chancellor or] the Secretary of State under section 1(4), 7(11) or 16(2) unless a draft of the order has been laid before, and approved by, each House of Parliament.

(5)Any statutory instrument made under section 18(7) or Schedule 4, or to which subsection (2) applies, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)The power of a Northern Ireland department to make—

(a)rules under section 2(3)(c) or 7(9)(c), or

(b)an order under section 7(11),

is exercisable by statutory rule for the purposes of the M1Statutory Rules (Northern Ireland) Order 1979.

(7)Any rules made under section 2(3)(c) or 7(9)(c) shall be subject to negative resolution; and section 41(6) of the M2Interpretation Act Northern Ireland) 1954 (meaning of “subject to negative resolution”) shall apply as if the power to make the rules were conferred by an Act of the Northern Ireland Assembly.

(8)No order may be made by a Northern Ireland department under section 7(11) unless a draft of the order has been laid before, and approved by, the Northern Ireland Assembly.

21 Interpretation, etc.U.K.

(1)In this Act—

(2)The references in paragraphs (b) and (c) of section 2(1) to Articles are to Articles of the Convention as they had effect immediately before the coming into force of the Eleventh Protocol.

(3)The reference in paragraph (d) of section 2(1) to Article 46 includes a reference to Articles 32 and 54 of the Convention as they had effect immediately before the coming into force of the Eleventh Protocol.

(4)The references in section 2(1) to a report or decision of the Commission or a decision of the Committee of Ministers include references to a report or decision made as provided by paragraphs 3, 4 and 6 of Article 5 of the Eleventh Protocol (transitional provisions).

(5)Any liability under the M7Army Act 1955, the M8Air Force Act 1955 or the M9Naval Discipline Act 1957 to suffer death for an offence is replaced by a liability to imprisonment for life or any less punishment authorised by those Acts; and those Acts shall accordingly have effect with the necessary modifications.

Extent Information

E1For the extent of s. 21 outside the U.K. see s. 22(7)

Textual Amendments

F5S. 21(1): definition of "the Sixth Protocol" omitted (22.6.2004) by virtue of The Human Rights Act 1998 (Amendment) Order 2004 (S.I. 2004/1574), art. 2(2)

F6S. 21(1): definition of "the Thirteenth Protocol" inserted (22.6.2004) by virtue of The Human Rights Act 1998 (Amendment) Order 2004 (S.I. 2004/1574), art. 2(2)

Commencement Information

I1S. 21 wholly in force at 2.10.2000; s. 21(5) in force at Royal Assent, see s. 22(2)(3); s. 21 in force so far as not already in force (2.10.2000) by S.I. 2000/1851, art. 2

Marginal Citations

22 Short title, commencement, application and extent.U.K.

(1)This Act may be cited as the Human Rights Act 1998.

(2)Sections 18, 20 and 21(5) and this section come into force on the passing of this Act.

(3)The other provisions of this Act come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.

(4)Paragraph (b) of subsection (1) of section 7 applies to proceedings brought by or at the instigation of a public authority whenever the act in question took place; but otherwise that subsection does not apply to an act taking place before the coming into force of that section.

(5)This Act binds the Crown.

(6)This Act extends to Northern Ireland.

(7)Section 21(5), so far as it relates to any provision contained in the M10Army Act 1955, the M11Air Force Act 1955 or the M12Naval Discipline Act 1957, extends to any place to which that provision extends.

Subordinate Legislation Made

P1S. 22(3) power partly exercised: 24.11.1998 appointed for specified provisions by S.I. 1998/2882, art. 2

S. 22(3) power fully exercised: 2.10.2000 appointed for remaining provisions by S.I. 2000/1851, art. 2

Marginal Citations