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HRA Sections 2, 6 and 7 - Coggle Diagram

- - - - (a) It is required by primary legislation to so act: s6(2)(a); or
      - (b) It is acting so as to give effect to or to enforce incompatible primary or subordinate legislation: s6(2)(b).
      - What is a Public Authority?
        It is not specifically defined in the HRA. However, the Westminster Parliament is expressly excluded (to protect parliamentary privilege and sovereignty).
        S6 effectively recognises three types of bodies:
        
        1) ‘Core’ public authorities (s6(1));
        
        e.g. Central government departments, local authorities, police, HMRC
        
        2) ‘Hybrid’ or ‘functional’ public authorities (s6(3)(b)); and
        
        Includes 'any person certain of whose functions are functions of a public nature'.
        The following factors may be relevant in assessing whether or not the relevant function is a public one (Aston Cantlow and Wilmcote with Billesley Parochial Church Council v Wallbank):
        
        The body is publicly funded
        
        The body is exercising statutory power
        
        The body is taking the place of central government or local authorities
        
        The body is providing a public service
        
        3) Private bodies (s6(5)).
- - - - Standing Test
        
        Applicants must be a 'person' in the legal sense and therefore can be natural or legal persons, such as corporate bodies, trade unions and political parties. However, such organisations/groups can only bring an action when they are claiming that their rights have been violated.
      - Time Limits
        
        Actions must be commenced within one year of the date of the act complained of (s7(5)).
        
        An extension of time may be granted in exceptional cases where the court considers it 'equitable' to do so.
        
        If the alleged violation of right is a continuing matter rather than a single incident, time will not start running until the violation ceases to operate (O'Connor v Bar Standards Board).