Schedules

Schedule 15Exemptions

I17Employees etc

1

Where an exemption is conferred on a person (“P”) by this Schedule, the following are also exempt (subject to sub-paragraph (2))—

a

a person who holds office in or under, or is an employee or other member of staff of, P (acting in that capacity), or

b

a person the Secretary of State reasonably considers to be exercising functions on behalf of P as if the person were within paragraph (a).

2

Where P is a foreign power, the exemption does not apply to persons within sub-paragraph (1)(a) if or to the extent that the person makes a misrepresentation about their activities or the capacity in which they act (whether generally or to a particular person).

3

A misrepresentation is a representation that a reasonable person would consider to be false or misleading in a material way.

4

A misrepresentation may be made by making a statement or by any other kind of conduct (including an omission), and may be express or implied.

5

A misrepresentation may in particular include—

a

a misrepresentation as to the person’s identity or purpose;

b

presenting information in a way which amounts to a misrepresentation, even if some or all of the information is true.