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The Conference of the Parties to the United Nations Framework Convention on Climate Change (Immunities and Privileges) (Scotland) Order 2021

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This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Conference of the Parties to the United Nations Framework Convention on Climate Change (Immunities and Privileges) (Scotland) Order 2021 No. 346

Immunities and privileges for representatives of parties to the UNFCCC, Kyoto Protocol and Paris Agreement

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3.—(1) Except in so far as in any particular case any privilege or immunity is expressly waived by the respective party, representatives of parties to the UNFCCC, parties to the Kyoto Protocol and parties to the Paris Agreement who are, or are to be, representatives at the Conference enjoy—

(a)immunity from suit and legal process in respect of things done by them or omitted to be done by them while exercising their official functions in connection with the Conference,

(b)while exercising their official functions in connection with the Conference and during their journeys to and from the Conference, the like inviolability of any private residence used by the representative, the like immunity from personal arrest or detention and the like exemption or relief from all devolved and local taxes as are accorded to the head of a diplomatic mission,

(c)while exercising their official functions in connection with the Conference and during their journeys to and from the Conference, the like exemptions and privileges in respect of their personal baggage as, in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles, are accorded to a diplomatic agent, and

(d)while exercising their official functions in connection with the Conference and during their journeys to and from the Conference, exemptions whereby, for the purposes of the requirements of any enactment relating to social security—

(i)services rendered for the party by the representative are deemed excepted from any class of employment in respect of which contributions or premiums under those enactments are payable, but

(ii)the representative may not be rendered liable to pay any contribution or premium which the person would not be required to pay if those services were not deemed to be so excepted.

(2) Where the incidence of any form of devolved or local tax depends upon residence, a representative referred to in paragraph (1) is deemed not to be resident in the United Kingdom during any period when the representative is present in the United Kingdom for the exercise of their official functions in connection with the Conference.

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