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