# The Human Rights Act 1998 (Amendment) Order 2005

S.I. 2005/1071 · made 3 April 2005

This Order amends Schedule 3 to the Human Rights Act 1998 to reflect the withdrawal by the United Kingdom of the derogation designated by the Human Rights Act 1998 (Designated Derogation) Order 2001 (S.I. 2001/3644) (“the derogation”). The derogation was from Article 5(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 (“the Convention”). The derogation concerned detention provisions in the Anti-terrorism, Crime and Security Act 2001 (c. 24). Those detention provisions were repealed with effect from 14th March 2005 by section 16(2)(a) of the Prevention of Terrorism Act 2005 (c. 2). On 16th March 2005, the United Kingdom Government informed the Secretary General of the Council of Europe, pursuant to Article 15(3) of the Convention, of the withdrawal of the derogation.

Made under: Human Rights Act 1998 (Section 16)

PDFs: Printed copy https://openlegislation.uk/human-rights-act-1998-amendment-order-2005/pdf/uksi_20051071_en.pdf; Explanatory Memorandum https://openlegislation.uk/human-rights-act-1998-amendment-order-2005/pdf/uksiem_20051071_en.pdf

## Introductory text

HUMAN RIGHTS
Made 3rd April 2005
Laid before Parliament 4th April 2005
Coming into force 8th April 2005
Whereas the United Kingdom has withdrawn its derogation, designated by the Human Rights Act 1998 (Designated Derogation) Order 2001, from Article 5(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950;
Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by section 16(7) 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) Order 2005, and shall come into force on 8th April 2005.

## 2 Amendment to Schedule 3 to the Act

Part I of Schedule 3 to the Human Rights Act 1998 is repealed.

## Signature

Falconer of Thoroton, C
3rd April 2005

## Explanatory note

(This note is not part of the Order)
This Order amends Schedule 3 to the Human Rights Act 1998 to reflect the withdrawal by the United Kingdom of the derogation designated by the Human Rights Act 1998 (Designated Derogation) Order 2001 (S.I. 2001/3644) (“the derogation”). The derogation was from Article 5(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 (“the Convention”). The derogation concerned detention provisions in the Anti-terrorism, Crime and Security Act 2001 (c. 24). Those detention provisions were repealed with effect from 14th March 2005 by section 16(2)(a) of the Prevention of Terrorism Act 2005 (c. 2). On 16th March 2005, the United Kingdom Government informed the Secretary General of the Council of Europe, pursuant to Article 15(3) of the Convention, of the withdrawal of the derogation.

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Source: https://www.legislation.gov.uk/uksi/2005/1071 (the official version)
Page: https://openlegislation.uk/human-rights-act-1998-amendment-order-2005
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.