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  • Print publication year: 2011
  • Online publication date: November 2011

3 - Public authorities: what is a hybrid public authority under the HRA?


An analysis of when the HRA subjects private bodies to the Convention is highly germane to any discourse concerning the impact of the HRA on private law. The common law horizontal effect mechanism is one route through which to hold private bodies, albeit indirectly, to Convention standards. Another route is through the hybrid public authority scheme – if a private body performs ‘functions of a public nature’ under section 6(3)(b), it is regarded as a public authority and must respect the Convention during its public activity.

This chapter builds on earlier work which attempts to coax the judges into adopting a wider interpretation of section 6(3)(b). Its central message is that there is no need for the courts to construe that provision as restrictively as they have done since the HRA entered into force. While ostensibly public in nature, hybrid public authorities are institutionally private bodies. The crucial effect of this, coupled with a close analysis of relevant Strasbourg jurisprudence, is that hybrids enjoy Convention rights themselves under the HRA, even during the performance of their public functions. They can therefore assert their own Convention rights as a defence to Convention-based challenges by claimants in court – a powerful method of self-protection which, once properly appreciated, should help ease judicial reluctance to widen the scope of section 6(3)(b).

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The Impact of the UK Human Rights Act on Private Law
  • Online ISBN: 9780511920844
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Williams, A. 2011
Aronson, M.The Province of Administrative LawOxford 1997
Craig, P. 2002
Donnelly, C. 2005
Palmer, S.Public Functions and Private Services: A Gap in Human Rights ProtectionInternational Journal of Constitutional Law 6 2008
Williams, A. 2008
Oliver, D. 2000
Landau, J. 2007
Fenwick, H.Phillipson, G.Media Freedom under the Human Rights ActOxford University Press 2006
Quane, H. 2006
Davis, H. 2005
Elliott, M.“Public” and “Private”: defining the Scope of the Human Rights ActCambridge Law Journal 66 2007 485
Donnelly, C.Delegation of Governmental Power to Private Parties: A Comparative PerspectiveOxford University Press 2007
Buxton, R. 2009
Gardbaum, S.Where the (State) Action IsInternational Journal of Constitutional Law 4 2006 760
Phillipson, G.Fenwick, H.Phillipson, G.Masterman, R.Judicial Reasoning under the UK Human Rights ActCambridge University Press 2007
Hunt, M.The “Horizontal Effect” of the Human Rights ActPublic Law 1998
Morgan, J.Questioning the “True Effect” of the Human Rights ActLegal Studies 22 2002