Functional Public Authorities under the Human Rights Act (Judicial Review March 2002, Vikram Sachdeva)
Article - Functional Public Authorities under the HRA
This article was originally published in Judicial Review in March 2002.
"The Human Rights Act 1998 (HRA) incorporates European Convention jurisprudence indirectly, making it unlawful for a "public authority" to act in a way which is incompatible with a Convention right (s.6).
The meaning of "public authority" within that context is not exhaustively defined. The Act provides a definition of sorts in s. 6(3), which "includes" a court or tribunal, and also "any person certain of whose functions are functions of a public nature", but does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament (other than the House of Lords in its judicial capacity). This group will not be liable for acts of a private nature (s.6(5)). The latter category has been described as constituting "functional" or "hybrid" public authorities..."