Defamation Act 1996

[F1 Part III U.K. Supplementary provisions

Textual Amendments

F1 Sch. 1 repealed (S.) (8.8.2022) by Defamation and Malicious Publication (Scotland) Act 2021 (asp 10), ss. 35(3)(a), 39(2); S.S.I. 2022/154, regs. 1(2), 2

16 (1) In this Schedule— S

• “ court ” includes any tribunal or body exercising the judicial power of the State;

• “ international conference ” means a conference attended by representatives of two or more governments;

• “ international organisation ” means an organisation of which two or more governments are members, and includes any committee or other subordinate body of such an organisation; and

• “ legislature ” includes a local legislature.

(2) References in this Schedule to a member State include any European dependent territory of a member State.

(3) In paragraphs 2 and 6 “ court ” includes—

(a) the European Court of Justice (or any court attached to that court) and the Court of Auditors of the [F2 European Union],

(b) the European Court of Human Rights,

(c) any international criminal tribunal established by the Security Council of the United Nations or by an international agreement to which the United Kingdom is a party, and

(d) the International Court of Justice and any other judicial or arbitral tribunal deciding matters in dispute between States.

(4) In paragraphs 1, 3 and 7 “ legislature ” includes the European Parliament.

Extent Information

E1 This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F2 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043) , arts. 2 , 3 , 4 (with art. 3(2) (3) 4(2) 6(4) (5) )

[F1 [F8 16 E+W+N.I. In this Schedule—

• “court” includes—

  (a)

  any tribunal or body established under the law of any country or territory exercising the judicial power of the State;

  (b)

  any international tribunal established by the Security Council of the United Nations or by an international agreement;

  (c)

  any international tribunal deciding matters in dispute between States;

• “international conference” means a conference attended by representatives of two or more governments;

• “international organisation” means an organisation of which two or more governments are members, and includes any committee or other subordinate body of such an organisation;

• “legislature” includes a local legislature; and

• “member State” includes any European dependent territory of a member State.]]

Extent Information

E2 This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F8 Sch. 1 para. 16 substituted for Sch. 1 paras. 16, 17 (E.W.) (1.1.2014) by Defamation Act 2013 (c. 26), ss. 7(11) , 17(4) (with s. 16(5) ); S.I. 2013/3027 , art. 2; and (N.I) (7.6.2022) by Defamation Act (Northern Ireland) 2022 (c. 30), ss. 5(10), 14

[F3 17 (1) Provision may be made by order identifying— U.K.

(a) for the purposes of paragraph 11, the corresponding proceedings referred to in sub-paragraph (3);

(b) for the purposes of paragraph 13, the corresponding meetings and documents referred to in sub-paragraph (5).

(2) An order under this paragraph may be made—

[F4 (a) for England and Wales, by the Lord Chancellor,]

(b) for Scotland, by the Secretary of State.[F5 , and

(c) for Northern Ireland, by the Department of Justice in Northern Ireland]

(3) [F6 Subject to sub-paragraph (4),] An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F7 (4) An order under sub-paragraph (2)(c) shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 and subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.]]]

Textual Amendments

F3 Sch. 1 para. 16 substituted for Sch. 1 paras. 16, 17 (E.W.) (1.1.2014) by Defamation Act 2013 (c. 26), ss. 7(11) , 17(4) (with s. 16(5) ); S.I. 2013/3027 , art. 2; and (N.I) (7.6.2022) by Defamation Act (Northern Ireland) 2022 (c. 30), ss. 5(10), 14

F4 Sch. 1 para. 17(2)(a) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 18 para. 53(b)(i) (with arts. 28-31)

F5 Sch. 1 para. 17(2)(c) and word inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 18 para. 53(b)(ii) (with arts. 28-31)

F6 Words in Sch. 1 para. 17(3) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 18 para. 53(b)(iii) (with arts. 28-31)

F7 Sch. 1 para. 17(4) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 18 para. 53(b)(iv) (with arts. 28-31)