A Bill to clarify the meaning of 'public function' in section 6 of the Human Rights Act 1998
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
House of Commons
30 October 2008
This Bill aims to clarify when a private company or other non-government body is performing a 'public function' under the Human Rights Act 1998. It adds a list of factors to decide if a function is of a public nature and confirms that private providers delivering publicly funded services can be treated as exercising a public function for the Act, building on a 2007 case about care homes.
The Bill is currently at the 2nd reading in the House of Commons and will move on to detailed examination in Committee, followed by or in parallel with Report and Third Reading before going to the House of Lords.
Generated 21 February 2026
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