51. Rights and freedoms guaranteed under the Human Rights Act 1998.

Under the Human Rights Act 1998, it is unlawful for a public authority1 to act2 in a way which is incompatible with a Convention right3, unless:

  1.  

    (1)     as the result of one or more provisions of primary legislation, the authority could not have acted differently4; or

  2.  

    (2)     in the case of one or more provisions of, or made under, primary legislation which cannot be read or given effect in a way which is compatible with the Convention rights, the authority was acting so as to give effect to or enforce those provisions5.

The Welsh ministers, First Minister or Counsel General