Human Rights Act 1998 (Meaning of Public Function) Bill

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