New Clause 43 — Time limit for human rights actions against Scottish Ministers etc

Oral Answers to Questions — Prime Minister – in the House of Commons at 1:45 pm on 4 November 2009.

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'(1) In section 100 of the Scotland Act 1998 (c. 46) the following (as inserted by the Convention Rights Proceedings (Amendment) (Scotland) Act 2009 (asp 11)) are omitted-

(a) subsections (3A) to (3E);

(b) in subsection (4), the words "Subject to subsection (3D),".

(2) The Convention Rights Proceedings (Amendment) (Scotland) Act 2009 (asp 11) is repealed.

(3) Omit paragraph 4A of Schedule 4 to the Scotland Act 1998 (c. 46).

(4) The Scotland Act 1998 (Modification of Schedule 4) Order 2009 is revoked.

(5) Subsections (1) to (4) above do not apply to any proceedings brought before this section comes into force.

(6) After subsection (3) of section 100 of the Scotland Act 1998 (c. 46) insert-

"(3A) Subsection (3B) applies to any proceedings brought by virtue of this Act against the Scottish Ministers or a member of the Scottish Executive in a court or tribunal on the ground that an act of the Scottish Ministers or a member of the Scottish Executive is incompatible with the Convention rights.

(3B) Proceedings to which this subsection applies must be brought before the end of-

(a) the period of one year beginning with the date on which the act complained of took place, or

(b) such longer period as the court or tribunal considers equitable having regard to all the circumstances,

but that is subject to any rule imposing a stricter time limit in relation to the procedure in question.

(3C) Subsection (3B) does not apply to proceedings brought by the Lord Advocate, the Advocate General, the Attorney General, the Attorney General for Northern Ireland or the Advocate General for Northern Ireland.

(3D) In subsections (3A) and (3B) "act" does not include the making of any legislation but it does include any other act or failure to act (including a failure to make legislation).

(3E) In subsection (3B) "rule" has the same meaning as it has in section 7(5) of the Human Rights Act 1998."

(7) In subsection (4) of that section at the beginning insert "Subject to subsection (3D),".

(8) Subsections (6) and (7) above apply to any proceedings brought after this section comes into force (including proceedings in respect of an act taking place before this section comes into force).'.- ( Mr. W ill s.)

Brought up, read the First and Second time, and added to the Bill.

Prime Minister

http://en.wikipedia.org/wiki/Prime_Minister_of_the_United_Kingdom

Clause

A parliamentary bill is divided into sections called clauses.

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During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

Attorney General

The Attorney General, assisted by the Solicitor General, is the chief legal adviser to the Government. The Attorney General also has certain public interest functions, for example, in taking action to protect charities.

The Attorney General has overall responsibility for The Treasury Solicitor's Department, superintends the Director of Public Prosecutions as head of the Crown Prosecution Service (CPS), the Director of the Serious Fraud Office (SFO) and the Director of Public Prosecutions in Northern Ireland. The Law Officers answer for these Departments in Parliament.

The Attorney General and the Solicitor General also deal with questions of law arising on Government Bills and with issues of legal policy. They are concerned with all major international and domestic litigation involving the Government and questions of European Community and International Law as they may affect Her Majesty's Government.

see also, http://www.lslo.gov.uk/

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