Section 3 of the Human Rights Act 1998 is a provision of the United Kingdom's Human Rights Act 1998 that requires courts to interpret both primary and subordinate legislation so that their provisions are compatible with the articles of the European Convention of Human Rights, which are also part of the Human Rights Act 1998. This interpretation goes far beyond normal statutory interpretation, and includes past and future legislation, therefore preventing the Human Rights Act from being impliedly repealed by subsequent contradictory legislation.
Courts have applied section 3 of the Act through three forms of interpretation: "reading in" – inserting words where there are none in a statute; "reading out" where words are omitted from a statute; and "reading down" where a particular meaning is chosen to be in compliance. They do not interpret statutes to conflict with legislative intent, and courts have been reluctant in particular to "read out" provisions for this reason.[citation needed] If it is not possible to so interpret, they may issue a declaration of incompatibility under section 4.
Section 3 does not apply to the Illegal Migration Act 2023.[1]
- ^ Illegal Migration Act 2023, section 1(5).