Commentary on Sections Part 1: The Commission for Equality and Human Rights Section 30: Judicial review and other legal proceedings
118.Section 30 confirms that the CEHR has capacity to institute or intervene in legal proceedings where the proceedings are relevant to any of the CEHR’s functions, subject to any limitations imposed under legislation or by rules of court, except that it makes provision to override the “victim test” in section 7 of the Human Rights Act.
119.Subsection (2) deems the CEHR to have the necessary title and interest in relation to any such legal proceedings in Scotland.
120.Subsection (3) enables the CEHR to rely on a breach of the Convention rights in any legal proceedings which it has instituted (or in which it has intervened) even if it is not itself a victim of the breach. However it may only do so if there are one or more persons who are (or, for a potential future breach, would be) victims. Were it not for this provision, the “victim” test in section 7 of the Human Rights Act would prevent the CEHR from relying on the Convention rights. No award of damages may be made to the CEHR in relation to a breach of the Convention rights. The terms “legal proceedings”, “unlawful act” and “victim” used in this subsection are defined in section 7 of the HRA.
121.Subsection (4) ensures that, apart from subsection (3), this section does not create any cause of action or override any other limitation or restriction on who may bring proceedings.