Will the rights under the Act override acts of Parliament and decisions of the Court?
The act will not override primary legislation and if an Act is clear but still incompatible with the Convention then no judge will be able to overturn the Act of Parliament itself. They will however be able to make a statement to indicate that they feel that the Act is incompatible with the rights under the Convention and there is a fast track procedure for parliament to amend the law if this happens. Virtually all rules and regulations and previously decided cases however will be subject to the Convention and can be overturned if it is found that they establish a principle which in the light of the new Act is inconsistent with somebody's fundamental rights.
Who can take action?
Nearly everybody who has been subject to violation of a convention right will have the right to take legal action against public authorities in Courts and Tribunals. These Courts and Tribunals will not only have to take into account the Convention itself but also all of the decisions and judgements from the Convention and the Court in Strasbourg which has been operating for the last 40 years or so. Both individuals and companies will be able to use the provisions of the Convention to defend themselves in criminal and other proceedings.
Who will have to comply with the Act?
The Act means that public authorities will have to act in a way that complies with the Convention unless they are prevented from doing so by existing legislation. Quite simply if they do not do so then they will be breaking the law. Government departments, local authorities, police, prisons, National Health Services, immigration authorities, trust hospitals etc. will all be subject to these rules. The Act will also apply to any other body which exercises any public function. The Courts and all tribunals such as the Employment Tribunal and the Social Security Tribunals are also treated as public authorities and so will have to respect the Convention.
Individuals and companies themselves do not have specific duties under the Act unless they are performing public functions. So although you cannot take proceedings against a private individual, private companies and individuals will have to take the Convention into account because the Courts have to interpret all law to conform with it.