- 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
7.—(1) Except in so far as in any particular case such immunity or privilege is waived by the Organisation, the Director General of the Organisation and spouse (or civil partner), or any senior official acting instead during the Director-General’s absence from duty, shall enjoy–
(a)the like immunity from suit and legal process as is accorded to or in respect of the head of a diplomatic mission;
(b)the like inviolability of residence as is accorded to or in respect of the head of a diplomatic mission; and
(c)the like exemption or relief from local taxes (as described in the exception in Section A1 of Part II of Schedule 5 to the Scotland Act 1998) as is accorded to or in respect of the head of a diplomatic mission.
(2) This paragraph shall not apply to any person who is a British citizen, a British overseas territories citizen, a British Overseas citizen or a British National (Overseas) or who is a permanent resident of the United Kingdom.
8.—(1) Except in so far as in any particular case such immunity is waived by the Organisation, in respect of activities related to the object and purpose of the Convention, officials of the Organisation, (excluding those who are locally recruited and assigned to hourly rates of pay) shall enjoy–
(a)immunity from personal arrest or detention and from seizure of their personal baggage; and
(b)immunity from suit and legal process (even after they have left the service of the Organisation) in respect of acts, including words written or spoken, performed by them in their official capacity.
(2) The immunity accorded by sub-paragraph (1)(b) shall not apply in the case of damage caused by a motor vehicle belonging to or driven by an official.
(3) Sub-paragraph (1) shall not apply in respect of activities relating to the conduct of inspections within the meaning of section 24 of the Chemical Weapons Act 1996(1).
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