# The Human Rights Act 1998 (Amendment No. 2)Order 2001

S.I. 2001/4032 · made 19 December 2001

This Order is made following the making by the United Kingdom of a derogation from Article 5(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”), agreed by the Council of Europe at Rome on 4th November 1950. Article 5(1) provides that everyone has the right to liberty and security of person and that no one shall be deprived of his liberty save in the cases set out in that Article and in accordance with a procedure prescribed by law. One of the exceptions is contained in sub-paragraph (1)(f) of Article 5 which permits the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.

Made under: Human Rights Act 1998 (Section 14, Article 5, Article 15)

PDFs: Printed copy https://openlegislation.uk/human-rights-act-1998-amendment-no-2order-2001/pdf/uksi_20014032_en.pdf

## Introductory text

HUMAN RIGHTS
Made 19th December 2001
Laid before Parliament 19th December 2001
Coming into force 20th December 2001
Whereas the Secretary of State, in exercise of the powers conferred upon him by section 14(1) and (6) of the Human Rights Act 1998, has made an Order designating a proposed derogation from Article 5(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”), agreed by the Council of Europe at Rome on 4th November 1950;
And whereas the United Kingdom Permanent Representative to the Council of Europe has on 18th December 2001, pursuant to Article 15(3) of the Convention, informed the Secretary General of the Council of Europe of this derogation, of the measures which the United Kingdom has taken, and of the reasons therefor;
Now, therefore the Lord Chancellor, in exercise of the powers conferred upon him by section 14(5) of the Human Rights Act 1998, hereby makes the following Order:

## 1 Citation and commencement

This Order may be cited as the Human Rights Act 1998 (Amendment No. 2) Order 2001, and shall come into force on 20th December 2001.

## 2 Amendment of Schedule 3 to the Act

Before Part II of Schedule 3 to the Human Rights Act 1998 there is inserted, as Part I, the text of the derogation set out in the Schedule to this Order.

## Signature

Irvine of Lairg, C
Dated 19th December 2001

### Part I: DEROGATION

## United Kingdom’s derogation from Article 5(1)

The United Kingdom Permanent Representative to the Council of Europe presents his compliments to the Secretary General of the Council, and has the honour to convey the following information in order to ensure compliance with the obligations of Her Majesty’s Government in the United Kingdom under Article 15(3) of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950.

## Explanatory note

(This note is not part of the Order)
This Order is made following the making by the United Kingdom of a derogation from Article 5(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”), agreed by the Council of Europe at Rome on 4th November 1950. Article 5(1) provides that everyone has the right to liberty and security of person and that no one shall be deprived of his liberty save in the cases set out in that Article and in accordance with a procedure prescribed by law. One of the exceptions is contained in sub-paragraph (1)(f) of Article 5 which permits the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.
Section 23 of the Anti-terrorism, Crime and Security Act 2001 contains an extended power to arrest and detain a foreign national where it is intended to remove or deport the person from the United Kingdom because the Secretary of State believes that his presence is a risk to national security and suspects him of being an international terrorist, but where such removal or deportation is not for the time being possible. In such cases, detention may be incompatible with Article 5(1)(f) of the Convention because it is not for the time being possible to take action with a view to deportation, for example, if deportation would result in treatment contrary to Article 3 of the Convention.
This Order amends Schedule 3 to the Human Rights Act 1998, to set out the derogation by the United Kingdom from Article 5(1) of the Convention.

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Source: https://www.legislation.gov.uk/uksi/2001/4032 (the official version)
Page: https://openlegislation.uk/human-rights-act-1998-amendment-no-2order-2001
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.