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The International Organisations (Immunities and Privileges) (Scotland) Order 2009

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The International Organisations (Immunities and Privileges) (Scotland) Order 2009 No. 44

This section has no associated Executive Note

7.—(1) Except in so far as in any particular case such immunity or privilege is waived by the Government of the Member which they represent, representatives of a Member of the Authority shall enjoy–

(a)immunity from suit and legal process (even after the termination of their mission) in respect of acts, including words written or spoken, done by them in the exercise of their functions;

(b)while exercising their functions (including during their journeys to and from the place of meeting), the like inviolability for all their papers and documents as is accorded to a diplomatic agent; and

(c)while exercising their functions (including during their journeys to and from the place of meeting), the like immunity from personal arrest or detention and from seizure of their personal baggage as is accorded to a diplomatic agent.

(2) Part IV of Schedule 1 to the 1968 Act shall not operate so as to confer any immunity or privilege on–

(a)the official staff of a representative, other than alternate representatives and advisers, or

(b)the family of a representative.

(3) Neither the preceding sub paragraphs nor Part IV of Schedule 1 to the 1968 Act shall operate so as to confer any immunity or privilege on–

(a)persons as the representatives of the United Kingdom or as members of the official staff of such representatives; or

(b)any person who is a British citizen, a British overseas territories citizen, a British Overseas citizen or a British National (Overseas).

(4) Where the incidence of any form of local taxes (as described in the exception in Section A1 of Part II of Schedule 5 to the Scotland Act 1998(1)) depends upon residence, a representative shall not be deemed to be resident in the United Kingdom during any period when the representative is present in the United Kingdom for the discharge of official duties.

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