Interpreting legislation under section 3 of the Human Rights Act 1998

Resource type: Practice note

Status: Maintained

Jurisdictions: England, European Union, Wales

This practice note explains the rule under section 3 of the Human Rights Act 1998 that, so far as possible, legislation must be read and given effect in a way compatible with the European Convention on Human Rights. The note explains:

The scope of the rule and how it applies to various types of legislation.
How the courts have approached its application.
The limits of what kinds of interpretation are "possible" to achieve human rights compliance.

Carl Gardner, Consultant, and PLC Public Sector

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Resource ID: 2-504-4998
Products: IP&IT, PLC UK Commercial, PLC UK Dispute Resolution, PLC UK Employment, PLC UK Environment, PLC UK Financial Services, PLC UK Pensions, PLC UK Private Client, PLC UK Property, PLC UK Public Sector, PLC UK Tax
This resource is maintained, meaning that we monitor developments on a regular basis and update it as soon as possible.

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Topics

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General CommercialGeneral Commercial (http://property.practicallaw.com/7-379-8563)
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Practice notes

Article 1 of the first Protocol to the ECHR: protection of property Article 1 of the first Protocol to the ECHR: protection of property (http://dispute.practicallaw.com/topic8-385-5732)
Article 6 of the ECHR: right to a fair hearing Article 6 of the ECHR: right to a fair hearing (http://dispute.practicallaw.com/topic2-385-8106)
Article 8 of the ECHR: right to respect for private and family life Article 8 of the ECHR: right to respect for private and family life (http://dispute.practicallaw.com/topic0-500-6346)
Constitutional legislation in the UK Constitutional legislation in the UK (http://dispute.practicallaw.com/topic9-517-6419)
Human Rights Act 1998: overview Human Rights Act 1998: overview (http://dispute.practicallaw.com/topic9-384-8048)
Human rights law: an introductory guide for government and public bodies Human rights law: an introductory guide for government and public bodies (http://dispute.practicallaw.com/topic0-384-0853)
Influencing draft legislation Influencing draft legislation (http://dispute.practicallaw.com/topic9-502-5901)
Resolving ambiguities in legislation Resolving ambiguities in legislation (http://dispute.practicallaw.com/topic5-384-0370)
Statutory interpretation and the doctrine of precedent Statutory interpretation and the doctrine of precedent (http://dispute.practicallaw.com/topic9-107-4972)
What constitutes a public authority for the purposes of the Human Rights Act 1998 What constitutes a public authority for the purposes of the Human Rights Act 1998 (http://dispute.practicallaw.com/topic4-107-3951)

Checklist

Resolving ambiguities in legislation: how to find supporting evidence: checklist Resolving ambiguities in legislation: how to find supporting evidence: checklist (http://dispute.practicallaw.com/topic2-384-0526)

Legal update: archive

Eviction: mixed-use premises Eviction: mixed-use premises (http://dispute.practicallaw.com/topic2-203-1796)
Ministry of Justice publishes its report to the Joint Committee on Human Rights Ministry of Justice publishes its report to the Joint Committee on Human Rights (http://dispute.practicallaw.com/topic8-508-1638)
POCA receiver's costs recoverable from CPS where receivership order wrongly made POCA receiver's costs recoverable from CPS where receivership order wrongly made (http://dispute.practicallaw.com/topic6-519-0704)
Section 32(2) of FOIA does not with interfere with an applicant's right to freedom of expression (First-tier Tribunal) Section 32(2) of FOIA does not with interfere with an applicant's right to freedom of expression (First-tier Tribunal) (http://dispute.practicallaw.com/topic9-514-4089)

Legal update: case report

An order for possession under the non-secure tenancy regime must be proportionate (Supreme Court) An order for possession under the non-secure tenancy regime must be proportionate (Supreme Court) (http://dispute.practicallaw.com/topic2-504-9646)
High court rules in Catholic Care adoption agency discrimination appeal: detailed update High court rules in Catholic Care adoption agency discrimination appeal: detailed update (http://dispute.practicallaw.com/topic7-501-7921)
Is the exemption from disclosure in inquiry records compatible with Article 10 of the ECHR? (Court of Appeal) Is the exemption from disclosure in inquiry records compatible with Article 10 of the ECHR? (Court of Appeal) (http://dispute.practicallaw.com/topic1-506-1139)
No contracting out of the effect of the tenant's break notice on underleases No contracting out of the effect of the tenant's break notice on underleases (http://dispute.practicallaw.com/topic4-107-1688)

Interpreting legislation under section 3 of the Human Rights Act 1998

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