s6(1) HRA 1998
Unlawful for a public authority to act in a way that’s incompatible with an ECHR right
Public authorities: government departments, local authorities, armed forces, civil service, bodies that have had their services contracted out by government (Prison Service, HM Revenue and Customs).
R v Secretary of State for the Home Department, ex parte Daly 2001: test of proportionality
1) Aim is enough to justify limiting a right
2) Measures taken to meet aim are rationally connected to it
3) Means use to impair the right are no more than
necessary to protect aim
s6(3) HRA 1998
Example of public authorities - functions of a public nature…
BBC, Universities, Charities, Docs and Airport operators, Airlines, Professional Regulatory bodies (e.g… Bar Council)
s7(1): a and b
C, who is claiming against a public authority, may…
A - Bring proceedings against the authority under this Act in the appropriate court or tribunal or
B - Rely on the Convention rights concerned in any legal proceedings, but only if he is (or would be) a victim of the unlawful act
