Statutes 1998: Human Rights Act 1998

United Kingdom
28/01/1999
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Human Rights Act 1998

This Act adopts the European Convention on Human Rights into English law. It received Royal Assent in November 1998, although the bulk of its provisions will not come into force for 6 to 9 months.

The Act does not contain anything directly related to pensions. However, article 6 of Schedule 1 provides that in the determination of a person's civil rights, he is entitled to a fair and public hearing. This has led to a debate on the procedures of the Pensions Ombudsman. Typically, an investigation and determination by the Pensions Ombudsman is entirely paper-based, and although he has power to hold oral hearings he very rarely does so. In his annual report for 1997/98 the Ombudsman commented that his procedures were consistent with article 6, as complainants have a right of appeal to the High Court on a point of law. This leaves open the question of determinations in which a finding of fact is in dispute. In these cases it would appear that a complainant would have a right, based on article 6, to require the Ombudsman to hold an oral hearing.

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