100. Restriction must have a legal basis.

The question of whether a restriction on a qualified Convention right has a legal basis1 is a factual question involving identifying the legal source of the restriction2. The source might be statute law3, secondary legislation4, ascertainable common law5, and even rules of professional bodies, if validly made and readily available to those bound by them6. Non-statutory guidance is unlikely to fulfil this requirement as it does not have the force of law