What constitutes a public authority for the purposes of the Human Rights Act 1998

Resource type: Practice note

Status: Maintained

Jurisdictions: England, Wales

This practice note examines what constitutes a public authority for the purposes of the Human Rights Act 1998.

The distinction between public authorities and public functions and private bodies and private functions is unclear, particularly in relation to hybrid bodies, where only some functions may be public (section 6(5), HRA). The position is made more difficult with public/private partnership arrangements and public bodies contracting out functions to the private sector.

This distinction is important because a public authority must not act in a way that is incompatible with the Convention rights (section 6, HRA).

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Resource ID: 4-107-3951
Products: IP&IT, PLC UK Commercial, PLC UK Construction, PLC UK Corporate, PLC UK Dispute Resolution, PLC UK Employment, PLC UK Environment, PLC UK Pensions, PLC UK Private Client, PLC UK Property, PLC UK Public Sector, PLC UK Tax
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Disputes and Investigations: TaxDisputes and Investigations: Tax (http://ipandit.practicallaw.com/2-376-3556)
Human RightsHuman Rights (http://ipandit.practicallaw.com/6-103-1253)
Miscellaneous: EnvironmentMiscellaneous: Environment (http://ipandit.practicallaw.com/7-200-2230)
Regulators and Enforcement: EnvironmentRegulators and Enforcement: Environment (http://ipandit.practicallaw.com/9-103-1237)
Substantive LawSubstantive Law (http://ipandit.practicallaw.com/6-204-9134)

Practice notes

Human Rights Act 1998: overview Human Rights Act 1998: overview (http://publicsector.practicallaw.com/topic9-384-8048)
Human rights and property Human rights and property (http://publicsector.practicallaw.com/topic5-107-3941)
Human rights law: an introductory guide for government and public bodies Human rights law: an introductory guide for government and public bodies (http://publicsector.practicallaw.com/topic0-384-0853)
The retrospective effect of the Human Rights Act 1998 The retrospective effect of the Human Rights Act 1998 (http://publicsector.practicallaw.com/topic0-107-3953)

Legal update: archive

Definition of a public authority under the Human Rights Act 1998: Government responds to Joint Committee on Human Rights report Definition of a public authority under the Human Rights Act 1998: Government responds to Joint Committee on Human Rights report (http://publicsector.practicallaw.com/topic4-500-6429)
Legislation required to make direct payments compatible with the Human Rights Act 1998 Legislation required to make direct payments compatible with the Human Rights Act 1998 (http://publicsector.practicallaw.com/topic6-385-8227)
Liability for chancel repairs offends human rights Liability for chancel repairs offends human rights (http://publicsector.practicallaw.com/topic4-101-4768)
The distinction between public and private bodies for the purposes of the Human Rights Act 1998 The distinction between public and private bodies for the purposes of the Human Rights Act 1998 (http://publicsector.practicallaw.com/topic5-101-4744)

Legal update: case report

Human rights and public authorities (Court of Appeal decision) Human rights and public authorities (Court of Appeal decision) (http://publicsector.practicallaw.com/topic1-107-1562)
Liability for chancel repairs - House of Lords overrules Court of Appeal Liability for chancel repairs - House of Lords overrules Court of Appeal (http://publicsector.practicallaw.com/topic9-107-1619)
No human rights for residents of private care homes No human rights for residents of private care homes (http://publicsector.practicallaw.com/topic2-369-9056)
Registered Social Landlords are public bodies for the purposes of the Human Rights Act 1998 Registered Social Landlords are public bodies for the purposes of the Human Rights Act 1998 (http://publicsector.practicallaw.com/topic6-382-8004)

Legislation

Human Rights Act 1998 Human Rights Act 1998 (http://publicsector.practicallaw.com/topic7-106-4479)

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