Overview of the Act Part 2: Duties on Public Authorities Section 6: Acts of public authorities to be compatible with the UNCRC requirements
23.Section 6(1) provides that public authorities act unlawfully if they act, or fail to act, in a way that is incompatible with the UNCRC requirements in connection with a relevant function. Effectively, therefore, it imposes a duty on public authorities to act compatibly with the UNCRC requirements when exercising relevant functions. Even where a relevant function is being carried out, however, an incompatible action or failure to act is not unlawful in certain, limited circumstances – see subsection (4), and paragraphs 31 to 34 below.