Page:Human Rights Act 1998.pdf/15

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Human Rights Act 1998
c. 4213

"the Commission" means the European Commission of Human Rights;

"the Convention" means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom;

"declaration of incompatibility" means a declaration under section 4;

"Minister of the Crown" has the same meaning as in the 1975 c. 26.Ministers of the Crown Act 1975;

"Northern Ireland Minister" includes the First Minister and the deputy First Minister in Northern Ireland;

"primary legislation" means any—

(a) public general Act;
(b) local and personal Act;
(c) private Act;
(d) Measure of the Church Assembly;
(e) Measure of the General Synod of the Church of England;
(f) Order in Council—
(i) made in exercise of Her Majesty's Royal Prerogative;
(ii) made under section 38(1)(a) of the 1973 c. 36.Northern Ireland Constitution Act 1973 or the corresponding provision of the Northern Ireland Act 1998; or
(iii) amending an Act of a kind mentioned in paragraph (a), (b) or (c);

and includes an order or other instrument made under primary legislation (otherwise than by the National Assembly for Wales, a member of the Scottish Executive, a Northern Ireland Minister or a Northern Ireland department) to the extent to which it operates to bring one or more provisions of that legislation into force or amends any primary legislation;

"the First Protocol” means the protocol to the Convention agreed at Paris on 20th March 1952;

"the Sixth Protocol" means the protocol to the Convention agreed at Strasbourg on 28th April 1983;

"the Eleventh Protocol" means the protocol to the Convention (restructuring the control machinery established by the Convention) agreed at Strasbourg on 11th May 1994;

"remedial order" means an order under section 10;

"subordinate legislation" means any—

(a) Order in Council other than one—
(i) made in exercise of Her Majesty's Royal Prerogative;
(ii) made under section 38(1)(a) of the Northern Ireland Constitution Act 1973 or the corresponding provision of the Northern Ireland Act 1998; or
(iii) amending an Act of a kind mentioned in the definition of primary legislation;
(b) Act of the Scottish Parliament;