Diplomatic Privileges Act 1964

1 Replacement of existing law. U.K.

The following provisions of this Act shall, with respect to the matters dealt with therein, have effect in substitution for any previous enactment or rule of law.

Modifications etc. (not altering text)

C1 S. 1 extended by S.I. 1985/1983, arts. 3–7, 10, 12

2 Application of Vienna Convention. U.K.

(1) Subject to section 3 of this Act, the Articles set out in Schedule 1 to this Act (being Articles of the Vienna Convention on Diplomatic Relations signed in 1961) shall have the force of law in the United Kingdom and shall for that purpose be construed in accordance with the following provisions of this section.

(2) In those Articles—

• “agents of the receiving State” shall be construed as including any constable and any person exercising a power of entry to any premises under any enactment (including any enactment of the Parliament of Northern Ireland);

• “national of the receiving State” shall be construed as meaning citizen of the United Kingdom and Colonies;

• “Ministry for Foreign Affairs or such other ministry as may be agreed” shall be construed as meaning the department of the Secretary of State concerned;

and, in the application of those Articles to Scotland, any reference to attachment or execution shall be construed as a reference to the execution of diligence, and any reference to the execution of a judgment as a reference to the enforcement of a decree by diligence.

(3) For the purposes of Article 32 a waiver by the head of the mission of any State or any person for the time being performing his functions shall be deemed to be a waiver by that State.

(4) The exemption granted by Article 33 with respect to any services shall be deemed to except those services from any class of employment [F1 in respect of which contributions or premiums are payable under the enactments relating to . . . . . . F2 social security, including enactments in force in Northern Ireland, but not so as to render any person liable to any contribution or premium] which he would not be required to pay if those services were not so excepted.

(5) Articles 35, 36 and 40 shall be construed as granting any privilege or immunity which they require to be granted.

[F3 (5A) The reference in Article 36 to customs duties shall be construed as including a reference to excise duties chargeable on goods imported into the United Kingdom [F4 and to value added tax charged in accordance with section [F5 [F6 1(1)(c)] of the Value Added Tax Act 1994] [F7 (imposition of charge to value added tax on imported goods)]]]

(6) The references in Articles 37 and 38 to the extent to which any privileges and immunities are admitted by the receiving State and to additional privileges and immunities that may be granted by the receiving State shall be construed as referring respectively to the extent to which any privileges and immunities may be specified by Her Majesty by Order in Council and to any additional privileges and immunities that may be so specified.

Textual Amendments

F1 Words substituted (prosp. as to words “or premiums” and “or premium”) by Social Security Act 1973 (c. 38), Sch. 27 para. 24, S.I. 1974/164, art. 2(1), Sch. 1 and S.I. 1974/823, art. 2(4)(a)(b)(iii), Sch.

F2 Words repealed by Social Security (Consequential Provisions) Act 1975 (c. 18), Sch. 1 Pt. I

F3 S. 2(5A) inserted by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), s. 177(1), Sch. 4 para. 3

F4 Words in s. 2(5A) inserted (1.1.1993) by Finance (No. 2) Act 1992 (c. 48), s. 14(2), Sch. 3 para. 87; S.I. 1992/3261, art. 3, Sch.

F5 Words in s. 2(5A) substituted (1.9.1994) by 1994 c. 23, ss. 100(1), 101(1), Sch. 14 para. 1

F6 Word in s. 2(5A) substituted (31.12.2020) by Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(3), Sch. 8 para. 100(a) (with savings and transitional provisions in S.I. 2019/105 (as amended by S.I. 2020/1495, regs. 1(2), 21), S.I. 2020/1545, Pt. 4 and 2020 c. 26, Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 4(b) (with reg. 7)

F7 Words in s. 2(5A) substituted (31.12.2020) by Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(3), Sch. 8 para. 100(b) (with savings and transitional provisions in S.I. 2019/105 (as amended by S.I. 2020/1495, regs. 1(2), 21), S.I. 2020/1545, Pt. 4 and 2020 c. 26, Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 4(b) (with reg. 7)

Modifications etc. (not altering text)

C2 S. 2(5A) applied (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by 1994 c. 23, Sch. 9ZA para. 75(1)(a) (as inserted by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 2 para. 2 (with s. 3(4), Sch. 2 para. 7(7)-(10)); S.I. 2020/1642, reg. 9)

3 Restriction of privileges and immunities. U.K.

(1) If it appears to Her Majesty that the privileges and immunities accorded to a mission of Her Majesty in the territory of any State, or to persons connected with that mission, are less than those conferred by this Act on the mission of that State or on persons connected with that mission, Her Majesty may by an Order in Council withdraw such of the privileges and immunities so conferred from the mission of that State or from such persons connected with it as appears to Her Majesty to be proper.

[F8 (2) An Order in Council under this section shall be disregarded for the purposes of section 50(4) of the British Nationality Act 1981 (circumstances in which certain persons entitled to exemption under section 8(3) of the M1 Immigration Act 1971 are to be regarded for the purposes of section 1(1) of the said Act of 1981 as settled in the United Kingdom).]

Textual Amendments

F8 S. 3(2) substituted by British Nationality Act 1981 (c. 61, SIF 87), s. 52(6), Sch. 7

Modifications etc. (not altering text)

C3 S. 3(1) amended by Diplomatic and other Privileges Act 1971 (c. 64), s. 1(3)

Marginal Citations

M1 1971 c.77 (62).

4 Evidence. U.K.

If in any proceedings any question arises whether or not any person is entitled to any privilege or immunity under this Act a certificate issued by or under the authority of the Secretary of State stating any fact relating to that question shall be conclusive evidence of that fact.

5 Consequential amendments. U.K.

F9 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 S. 5(1) repealed by Immigration Act 1971 (c. 77), Sch. 6.

F10 S. 5(2) repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 52(8), Sch. 9

6 Orders in Council. U.K.

(1) No recommendation shall be made to Her Majesty in Council to make an Order under section 2 of this Act unless a draft thereof has been laid before Parliament and approved by resolution of each House of Parliament; and any statutory instrument containing an Order under section 3 of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) Any power to make an Order conferred by the foregoing provisions of this Act includes power to vary or revoke an Order by a subsequent Order.

7 Saving for certain bilateral arrangements. U.K.

(1) Where any special agreement or arrangement between the Government of any State and the Government of the United Kingdom in force at the commencement of this Act provides for extending—

(a) such immunity from jurisdiction and from arrest or detention, and such inviolablility of residence, as are conferred by this Act on a diplomatic agent; or

(b) such exemption from [F11 duties (whether of customs or excise) chargeable on imported goods], taxes and related charges as is conferred by this Act in respect of articles for the personal use of a diplomatic agent;

to any class of person, or to articles for the personal use of any class of person, connected with the mission of that State, that immunity and inviolability or exemption shall so extend, so long as that agreement or arrangement continues in force.

(2) The Secretary of State shall publish in the London, Edinburgh and Belfast Gazettes a notice specifying the States with which and the classes of person with respect to which such an agreement or arrangement as is mentioned in subsection (1) of this section is in force and whether its effect is as mentioned in paragraph (a) or paragraph (b) of that subsection, and shall whenever necessary amend the notice by a further such notice; and the notice shall be conclusive evidence of the agreement or arrangement and the classes of person with respect to which it is in force.

Textual Amendments

F11 Words substituted by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), s. 177(1), Sch. 4 para. 12

8 Short title, interpretation, commencement, repeal and saving. U.K.

(1) This Act may be cited as the Diplomatic Privileges Act 1964.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

(3) This Act shall come into force on such day as Her Majesty may by Order in Council appoint.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(5) Any Order in Council under the M2 Diplomatic Immunities Restriction Act 1955 which is in force immediately before the commencement of this Act shall, so far as it could have been made under section 3 of this Act, have effect as if so made.

Textual Amendments

F12 S. 8(2) repealed by Zimbabwe Act 1979 (c. 60, SIF 26:39), s. 6(3), Sch. 3

F13 S. 8(4), Sch. 2 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI.

Modifications etc. (not altering text)

C4 1.10.1964 appointed under s. 8(3) by S.I. 1964/1400

Marginal Citations

M2 1955 c. 21.