Changes to legislation: There are currently no known outstanding effects
for the Human Rights Act 1998, Section 2. (See end of Document for details)
Human Rights Act 1998
1998 CHAPTER 42
Introduction
2 Interpretation of Convention rights.
(1) A court or tribunal determining a question which has arisen in connection with a
Convention right must take into account any—
(a) judgment, decision, declaration or advisory opinion of the European Court of
Human Rights,
(b) opinion of the Commission given in a report adopted under Article 31 of the
Convention,
(c) decision of the Commission in connection with Article 26 or 27(2) of the
Convention, or
(d) decision of the Committee of Ministers taken under Article 46 of the
Convention,
whenever made or given, so far as, in the opinion of the court or tribunal, it is relevant
to the proceedings in which that question has arisen.
(2) Evidence of any judgment, decision, declaration or opinion of which account may
have to be taken under this section is to be given in proceedings before any court or
tribunal in such manner as may be provided by rules.
(3) In this section “rules” means rules of court or, in the case of proceedings before a
tribunal, rules made for the purposes of this section—
(a) by F1. . . [F2the Lord Chancellor or] the Secretary of State, in relation to any
proceedings outside Scotland;
(b) by the Secretary of State, in relation to proceedings in Scotland; or
(c) by a Northern Ireland department, in relation to proceedings before a tribunal
in Northern Ireland—
(i) which deals with transferred matters; and
(ii) for which no rules made under paragraph (a) are in force.
