Remedial Orders

A remedial order is an order made by a minister under the Human Rights Act 1998 to amend legislation which has been found incompatible with the European Convention on Human Rights. Remedial orders can be used to amend both primary and secondary legislation, and they may do anything necessary to fix the incompatibility with the Convention rights.

Draft remedial orders are considered by the Joint Committee on Human Rights and then need to be approved by both Houses to become law. Urgent orders may be made without advance scrutiny, but they will stop being law if they are not approved by both Houses within 120 days of being laid before Parliament.

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