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Other Bills before Parliament

Children's Rights Bill [HL]


Children’s Rights Bill [HL]

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(3)   

No such relief is to be granted so as to restrain publication before trial unless

the court is satisfied that the applicant is likely to establish that publication

should not be allowed.

(4)   

The court must have particular regard to the importance of the right to freedom

of expression under the Convention and under Schedule 1 to the Human

5

Rights Act 1998 and, where the proceedings relate to material to which the

respondent claims, or which appears to the court, to be journalistic, literary or

artistic material (or to conduct connected with such material), to—

(a)   

the extent to which—

(i)   

the material has, or is about to, become available to the public;

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or

(ii)   

it is, or would be, in the public interest for the material to be

published;

(b)   

any relevant privacy code.

(5)   

In this section—

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“court” includes a tribunal;

“relief” includes any remedy or order (other than in criminal

proceedings).

13      

Freedom of thought, conscience and religion

(1)   

If a court’s determination of any question arising under this Act might affect

20

the exercise by the members of a religious organisation collectively of the right

to freedom of thought, conscience and religion under the Convention or under

Schedule 1 to the Human Rights Act 1998, it must have particular regard to the

importance of that right.

(2)   

In this section “court” includes a tribunal.

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Designated declarations

14      

Designated declarations

(1)   

In this Act “designated declaration” means—

(a)   

the United Kingdom’s declarations in relation to the Convention and

its Optional Protocols as set out in Schedule 3; and

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(b)   

any other declaration by the United Kingdom to an Article of the

Convention, or of any protocol to the Convention, which is designated

for the purposes of this Act in an order made by the Secretary of State.

(2)   

If a designated declaration is withdrawn wholly or in part it ceases to be a

designated declaration.

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(3)   

But subsection (2) does not prevent the Secretary of State from exercising his

power under subsection (1)(b) to make a fresh designation order in respect of

the Article concerned.

(4)   

The Secretary of State must by order make such amendments to this Act as he

considers appropriate to reflect—

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(a)   

any designation order; or

(b)   

the effect of subsection (2).

 
 

Children’s Rights Bill [HL]

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15      

Periodic review of designated declarations

(1)   

The appropriate Minister must review the designated declarations referred to

in section 14(1)(a)—

(a)   

before the end of the period of five years beginning with the date on

which section 1(2) came into force; and

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(b)   

if that designation is still in force, before the end of the period of five

years beginning with the date on which the last report relating to it was

laid under subsection (3).

(2)   

The appropriate Minister must review each of the other designated

declarations (if any)—

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(a)   

before the end of the period of five years beginning with the date on

which the order designating the declaration first came into force; and

(b)   

if the designation is still in force, before the end of the period of five

years beginning with the date on which the last report relating to it was

laid under subsection (3).

15

(3)   

The Minister conducting a review under this section must prepare a report on

the result of the review and lay a copy of it before each House of Parliament.

Parliamentary procedure

16      

Statements of compatibility

(1)   

A Minister of the Crown in charge of a Bill in either House of Parliament must,

20

before Second Reading of the Bill—

(a)   

make a statement to the effect that in his view the provisions of the Bill

are compatible with the Convention rights (“a statement of

compatibility”); or

(b)   

make a statement to the effect that although he is unable to make a

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statement of compatibility the government nevertheless wishes the

House to proceed with the Bill.

(2)   

The statement must be in writing and include the Minister’s reasoning and be

published in such manner as the Minister making it considers appropriate.

Supplemental

30

17      

Orders etc. under this Act

(1)   

Any power of a Minister of the Crown to make an order under this Act is

exercisable by statutory instrument.

(2)   

The power of the Lord Chancellor or the Secretary of State to make rules (other

than rules of court) under section 2(3) or 7(6) is exercisable by statutory

35

instrument.

(3)   

Any statutory instrument made under section 14 must be laid before

Parliament.

(4)   

No order may be made by the Lord Chancellor or the Secretary of State under

section 1(3), 7(8) or 10(2) unless a draft of the order has been laid before, and

40

approved by, a resolution of each House of Parliament.

 
 

Children’s Rights Bill [HL]

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(5)   

Any statutory instrument to which subsection (2) applies shall be subject to

annulment in pursuance of a resolution of either House of Parliament.

(6)   

The power of a Northern Ireland department to make—

(a)   

rules under section 2(3)(c) or 7(6)(c), or

(b)   

an order under section 7(8),

5

   

is exercisable by statutory rule for the purposes of the Statutory Rules

(Northern Ireland) Order 1979.

(7)   

Any rules made under section 2(3)(c) or 7(6)(c) shall be subject to negative

resolution; and section 41(6) of the Interpretation Act (Northern Ireland) 1954

(meaning of “subject to negative resolution”) shall apply as if the power to

10

make the rules were conferred by an Act of the Northern Ireland Assembly.

(8)   

No order may be made by a Northern Ireland department under section 7(8)

unless a draft of the order has been laid before, and approved by, the Northern

Ireland Assembly.

18      

Interpretation, etc.

15

(1)   

In this Act—

“amend” includes repeal and apply (with or without modifications);

“the appropriate Minister” means the Minister of the Crown having

charge of the appropriate authorised government department (within

the meaning of the Crown Proceedings Act 1947);

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“the Committee” means the United Nations Committee on the Rights of

the Child;

“the Convention” means the Convention on the Rights of the Child,

adopted by the United Nations and opened for signature, ratification

and accession by General Assembly resolution 44/25 of 20 November

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1989, which entered into force on 2 September 1990 and was ratified by

the United Kingdom on 16 December 1991, as it has effect for the time

being in relation to the United Kingdom;

“declaration of incompatibility” means a declaration under section 4;

“Minister of the Crown” has the same meaning as in the Ministers of the

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Crown Act 1975;

“Northern Ireland Minister” includes the First Minister and the deputy

First Minister in Northern Ireland;

“primary legislation” means any—

(a)   

public general Act;

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(b)   

local and personal Act;

(c)   

private Act;

(d)   

Measure of the Church Assembly;

(e)   

Measure of the General Synod of the Church of England;

(f)   

Order in Council—

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(i)   

made in exercise of Her Majesty’s Royal Prerogative;

(ii)   

made under the Northern Ireland Act 1998; or

(iii)   

amending an Act of a kind mentioned in paragraph (a),

(b) or (c);

   

and includes an order or other instrument made under primary

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legislation (otherwise than by the National Assembly for Wales,

a member of the Scottish Executive, a Northern Ireland Minister

 
 

Children’s Rights Bill [HL]

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or a Northern Ireland department) to the extent to which it

operates to bring one or more provisions of that legislation into

force or amends any primary legislation;

“the Optional Protocol on the sale of children, child prostitution and child

pornography” means the protocol to the Convention adopted by the

5

United Nations and opened for signature, ratification and accession by

General Assembly resolution A/RES/54/263 on 25 May 2000, which

entered into force on 18 January 2002 and was ratified by the United

Kingdom on 20 February 2009;

“the Optional Protocol on the involvement of children in armed conflict”

10

means the protocol to the Convention adopted by the United Nations

and opened for signature, ratification and accession by General

Assembly resolution A/RES/54/263 on 25 May 2000, which entered

into force on 12 February 2002 and was ratified by the United Kingdom

on 24 June 2003;

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“remedial order” means an order under section 10;

“subordinate legislation” means any—

(a)   

Order in Council other than one—

(i)   

made in exercise of Her Majesty‘s Royal Prerogative;

(ii)   

made under the Northern Ireland Act 1998; or

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(iii)   

amending an Act of a kind mentioned in the definition

of primary legislation;

(b)   

Act of the Scottish Parliament;

(c)   

Act of the Parliament of Northern Ireland;

(d)   

Measure of the Northern Ireland Assembly;

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(e)   

Act of the Northern Ireland Assembly;

(f)   

order, rules, regulations, scheme, warrant, byelaw or other

instrument made under primary legislation (except to the

extent to which it operates to bring one or more provisions of

that legislation into force or amends any primary legislation);

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(g)   

order, rules, regulations, scheme, warrant, byelaw or other

instrument made under legislation mentioned in paragraph (b),

(c), (d) or (e) or made under an Order in Council applying only

to Northern Ireland;

(h)   

order, rules, regulations, scheme, warrant, byelaw or other

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instrument made by a member of the Scottish Executive, a

Northern Ireland Minister or a Northern Ireland department in

exercise of prerogative or other executive functions of Her

Majesty which are exercisable by such a person on behalf of Her

Majesty;

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“transferred matters” has the same meaning as in the Northern Ireland

Act 1998; and

“tribunal” means any tribunal in which legal proceedings may be

brought.

19      

Short title, commencement, application and extent

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(1)   

This Act may be cited as the Children’s Rights Act 2010.

(2)   

Section 17 and this section come into force on the passing of this Act.

 
 

Children’s Rights Bill [HL]

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(3)   

The other provisions of this Act come into force on such day as the Secretary of

State may by order made by statutory instrument appoint; and different days

may be appointed for different purposes.

(4)   

Paragraph (b) of subsection (1) of section 7 applies to proceedings brought by

or at the instigation of a public authority whenever the act in question took

5

place; but otherwise that subsection does not apply to an act taking place

before the coming into force of that section.

(5)   

This Act binds the Crown.

(6)   

This Act extends to Northern Ireland.

 
 

 
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Revised 20 November 2009