I+S Handout 7: HRA 1998 – The Concept of 'Public Authority'

A collection of flashcards covering key concepts related to the Human Rights Act 1998 and the definition of public authorities.

Public Authority

An entity that is required to act compatibly with Convention rights under the Human Rights Act 1998.

Core Public Authority

A body clearly recognizable as governmental in nature, required to comply with Convention rights in all actions.

Hybrid Public Authority

An entity that performs both public and non-public functions, subject to a two-stage test for amenability to the Convention.

Section 6 HRA

Legislation that prohibits public authorities from acting incompatibly with Convention rights.

Functions of a Public Nature

Duties exercised by an individual or organisation that are deemed public, impacting the determination of public authority status.

Contracting Out

The delegation of public tasks to private entities, raising questions about their status as public authorities under the HRA.

Parochial Church Council of Aston Cantlow v Wallbank

A landmark case that clarified the definition of a public authority and related obligations under the HRA.

YL v Birmingham City Council

A case addressing the responsibilities of private organizations providing public services, impacting the interpretation of public authority.

Private Act

An act that does not meet the criteria of public functions or public nature and thus does not qualify under HRA for public authority status.

Judicial Review

A process by which courts review the actions of public authorities to ensure compliance with legal standards and rights.