Version Superseded: 03/05/2007
Point in time view as at 20/10/2003. This version of this provision has been superseded.
Government of Wales Act 1998, Section 107 is up to date with all changes known to be in force on or before 07 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)The Assembly has no power—
(a)to make, confirm or approve any subordinate legislation, or
(b)to do any other act,
so far as the subordinate legislation or act is incompatible with any of the Convention rights.
(2)Subsection (1) does not enable a person—
(a)to bring any proceedings in a court or tribunal, or
(b)to rely on any of the Convention rights in any such proceedings,
in respect of an act unless he would be a victim for the purposes of Article 34 of the Convention if proceedings were brought in the European Court of Human Rights in respect of that act.
(3)Subsection (2) does not apply to the Attorney General, the Assembly, the Advocate General for Scotland or the Attorney General for Northern Ireland.
(4)Subsection (1)—
(a)does not apply to an act which, by virtue of subsection (2) of section 6 of the Human Rights Act 1998, is not unlawful under subsection (1) of that section, and
(b)does not enable a court or tribunal to award in respect of an act any damages which it could not award on finding the act unlawful under that subsection.
(5)In this Act “the Convention rights” has the same meaning as in the Human Rights Act 1998 and in subsection (2) “the Convention” has the same meaning as in that Act.
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