Commentary

A2.305 The effective date of HRA 1998

Administration and compliance

A2.305 The effective date of HRA 1998

A2.305 The effective date of HRA 1998

HRA 1998 came fully into force on 2 October 20001. It was not introduced with retrospective effect, but there is a degree of retrospectivity with regard to its ambit. This arises by reason of HRA 1998, s 22(4). That provision, which came into force on 9 November 19982, provides that HRA 1998, s 7(1)(b) 'applies to proceedings brought by or at the instigation of a public authority whenever the act in question took place; but otherwise that subsection does not apply to an act taking place before the coming into force of that section (ie 2 October 2000)'. In R (Hurst)3, Lord Brown said that HRA 1998, s 22(4):

'has been recognised to operate so as to allow victims to invoke rights which would otherwise be unenforceable in domestic law. Convention rights may

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to TolleyLibrary or register for a free trial