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Commons2nd reading
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Human Rights Act 1998 (Meaning of Public Function) Bill

A Bill to clarify the meaning of 'public function' in section 6 of the Human Rights Act 1998

What this bill does

This Bill would clarify the meaning of 'public function' in section 6 of the Human Rights Act 1998. It would introduce a list of factors to be taken into account when considering whether a function is a 'function of a public nature' for the purposes of that Act. It would also ensure that where a private provider was fulfilling a public function, at public expense, it could be found to be exercising a public function under the Act. The Bill follows a decision by the Judicial Committee of the House of Lords relating to private care homes in the case of YL v Birmingham City Council and others [2007] UKHL 27

Originating House

House of Commons

Parliament last updated

30 October 2008

In Plain English

AI-generated

May contain errors — check source documents for definitive information.

This bill aims to clarify what counts as a

Key Points

  • Introduces a list of factors to decide whether a function is a 'function of a public nature' under the Human Rights Act 1998.
  • Goes on to include private providers delivering public services at public expense as carrying out public functions for the Act.
  • Connects to the 2007 UK Supreme Court (Lords) decision in YL v Birmingham City Council about private care homes and public duties.
  • Specifically relates to the meaning of 'public function' in section 6 of the Act.
  • Currently at the 2nd reading stage in the House of Commons.

Progress

The bill is at the 2nd reading stage in the Commons. It originated in the Commons and had its first reading in December 2007; no further stages are listed in the provided details.

Who is affected?

Residents/patients who use services provided by private organisations (e.g., private care homes)Private sector organisations delivering publicly funded servicesPublic authorities and bodies that fund or contract those servicesFamilies and carers of those receiving such services

Generated 21 February 2026

Bill Stages

1st readingCommons

18 Dec 2007

2nd readingCommons
Committee stageCommons
Report stageCommons
3rd readingCommons
1st readingLords
2nd readingLords
Committee stageLords
Report stageLords
3rd readingLords
Royal Assent

Updates & Documents

Documents (2)

Bill as introduced - html version
BillCommons
13 May 2008
Bill as introduced - pdf version
BillCommons
13 May 2008

Parliamentary Votes (0)

No recorded votes for this bill yet.