2.3 Public authorities
Section 6 of the HRA states that it is unlawful for a public authority to act in a way that is incompatible with a right defined by the ECHR. The HRA did not define what a ‘public authority’ was, but it is clear from the case law that has since developed that it covers the actions of Government departments (such as the Home Office), courts and tribunals, local authorities, and the police, as well as any organisation that exercises a public function such as Railtrack or privatised prisons.