United Kingdom 1215 Constitution (reviewed 2013)

Part II. The First Protocol

Article 1. Protection of property

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.

Article 2. Right to education

No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.

Article 3. Right to free elections

The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.

PART III. THE THIRTEENTH PROTOCOL

Article 1. Abolition of the death penalty

The death penalty shall be abolished. No one shall be condemned to such penalty or executed.

SCHEDULE 2. Remedial Orders

Subheading 1. Orders

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1. A remedial order may—
   1. contain such incidental, supplemental, consequential or transitional provision as the person making it considers appropriate;
   2. be made so as to have effect from a date earlier than that on which it is made;
   3. make provision for the delegation of specific functions;
   4. make different provision for different cases.
2. The power conferred by sub-paragraph (1)(a) includes—
   1. power to amend primary legislation (including primary legislation other than that which contains the incompatible provision); and
   2. power to amend or revoke subordinate legislation (including subordinate legislation other than that which contains the incompatible provision).
3. A remedial order may be made so as to have the same extent as the legislation which it affects.
4. No person is to be guilty of an offence solely as a result of the retrospective effect of a remedial order.

Subheading 2. Procedure

1. No remedial order may be made unless—
   1. a draft of the order has been approved by a resolution of each House of Parliament made after the end of the period of 60 days beginning with the day on which the draft was laid; or
   2. it is declared in the order that it appears to the person making it that, because of the urgency of the matter, it is necessary to make the order without a draft being so approved.

Subheading 3. Orders laid in draft

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1. No draft may be laid under paragraph 2(a) unless—
   1. the person proposing to make the order has laid before Parliament a document which contains a draft of the proposed order and the required information; and
   2. the period of 60 days, beginning with the day on which the document required by this sub-paragraph was laid, has ended.
2. If representations have been made during that period, the draft laid under paragraph 2(a) must be accompanied by a statement containing—
   1. a summary of the representations; and
   2. if, as a result of the representations, the proposed order has been changed, details of the changes.

Subheading 4. Urgent cases

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1. If a remedial order (“the original order”) is made without being approved in draft, the person making it must lay it before Parliament, accompanied by the required information, after it is made.
2. If representations have been made during the period of 60 days beginning with the day on which the original order was made, the person making it must (after the end of that period) lay before Parliament a statement containing—
   1. a summary of the representations; and
   2. if, as a result of the representations, he considers it appropriate to make changes to the original order, details of the changes.
3. If sub-paragraph (2)(b) applies, the person making the statement must—
   1. make a further remedial order replacing the original order; and
   2. lay the replacement order before Parliament.
4. If, at the end of the period of 120 days beginning with the day on which the original order was made, a resolution has not been passed by each House approving the original or replacement order, the order ceases to have effect (but without that affecting anything previously done under either order or the power to make a fresh remedial order).

Subheading 5. Definitions

1. In this Schedule—
   • “representations” means representations about a remedial order (or proposed remedial order) made to the person making (or proposing to make) it and includes any relevant Parliamentary report or resolution; and
     
     “required information” means—

     1. an explanation of the incompatibility which the order (or proposed order) seeks to remove, including particulars of the relevant declaration, finding or order; and
     2. a statement of the reasons for proceeding under section 10 and for making an order in those terms.

Subheading 6. Calculating periods

1. In calculating any period for the purposes of this Schedule, no account is to be taken of any time during which—
   1. Parliament is dissolved or prorogued; or
   2. both Houses are adjourned for more than four days.

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1. This paragraph applies in relation to–
   1. any remedial order made, and any draft of such an order proposed to be made,–
      1. by the Scottish Ministers; or
      2. within devolved competence (within the meaning of the Scotland Act 1998) by Her Majesty in Council; and
   2. any document or statement to be laid in connection with such an order (or proposed order).
2. This Schedule has effect in relation to any such order (or proposed order), document or statement subject to the following modifications.
3. Any reference to Parliament, each House of Parliament or both Houses of Parliament shall be construed as a reference to the Scottish Parliament.
4. Paragraph 6 does not apply and instead, in calculating any period for the purposes of this Schedule, no account is to be taken of any time during which the Scottish Parliament is dissolved or is in recess for more than four days.

SCHEDULE 3. Derogation and Reservation

Part I

[Repealed]

Part II. Reservation

At the time of signing the present (First) Protocol, I declare that, in view of certain provisions of the Education Acts in the United Kingdom, the principle affirmed in the second sentence of Article 2 is accepted by the United Kingdom only so far as it is compatible with the provision of efficient instruction and training, and the avoidance of unreasonable public expenditure.

Dated 20 March 1952

Made by the United Kingdom Permanent Representative to the Council of Europe.

SCHEDULE 4. Judicial Pensions

Subheading 1. Duty to make orders about pensions

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1. The appropriate Minister must by order make provision with respect to pensions payable to or in respect of any holder of a judicial office who serves as an ECHR judge.
2. A pensions order must include such provision as the Minister making it considers is necessary to secure that—
   1. an ECHR judge who was, immediately before his appointment as an ECHR judge, a member of a judicial pension scheme is entitled to remain as a member of that scheme;
   2. the terms on which he remains a member of the scheme are those which would have been applicable had he not been appointed as an ECHR judge; and
   3. entitlement to benefits payable in accordance with the scheme continues to be determined as if, while serving as an ECHR judge, his salary was that which would (but for section 18(4)) have been payable to him in respect of his continuing service as the holder of his judicial office.

Subheading 2. Contributions

1. A pensions order may, in particular, make provision—
   1. for any contributions which are payable by a person who remains a member of a scheme as a result of the order, and which would otherwise be payable by deduction from his salary, to be made otherwise than by deduction from his salary as an ECHR judge; and
   2. for such contributions to be collected in such manner as may be determined by the administrators of the scheme.

Subheading 3. Amendments of other enactments

1. A pensions order may amend any provision of, or made under, a pensions Act in such manner and to such extent as the Minister making the order considers necessary or expedient to ensure the proper administration of any scheme to which it relates.

Subheading 4. Definitions

1. In this Schedule—
   • “appropriate Minister” means—
     
     “ECHR judge” means the holder of a judicial office who is serving as a judge of the Court;

     “judicial pension scheme” means a scheme established by and in accordance with a pensions Act;

     “pensions Act” means—

     1. the County Courts Act Northern Ireland) 1959;
     2. the Sheriffs’ Pensions (Scotland) Act 1961;
     3. the Judicial Pensions Act 1981; or
     4. the Judicial Pensions and Retirement Act 1993;
     5. the Public Service Pensions Act 2013; and

     “pensions order” means an order made under paragraph 1.