The Commonwealth Heads of Government Meeting (Immunities and Privileges) Order 2018

Statutory Instruments

2018 No. 178

International Immunities And Privileges, England And Wales

The Commonwealth Heads of Government Meeting (Immunities and Privileges) Order 2018

Made

8th February 2018

Laid before Parliament

15th February 2018

Coming into force

9th March 2018

At the Court at Buckingham Palace, the 8th day of February 2018

Present,

The Queen’s Most Excellent Majesty in Council

Whereas the Commonwealth Heads of Government Meeting is to be held in the United Kingdom beginning on 16th April 2018 and is to be attended by representatives of the United Kingdom and of other sovereign Powers:

Her Majesty, in exercise of the powers conferred on Her by section 6 of the International Organisations Act 1968(1), is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation, commencement and extent

1.—(1) This Order may be cited as the Commonwealth Heads of Government Meeting (Immunities and Privileges) Order 2018 and comes into force on 9th March 2018.

(2) This Order extends to England and Wales.

Immunities conferred on specified persons

2.—(1) For the purposes of this Order, a person is specified as a representative of a sovereign Power (other than the United Kingdom) at the Commonwealth Heads of Government Meeting beginning on 16th April 2018 if that person is notified to the Secretary of State by the sovereign Power concerned as a member of its delegation having ministerial or other high official rank, and that person is accepted as such by the Secretary of State.

(2) A person specified in paragraph (1) shall enjoy, while exercising their functions as a representative and during their journeys to and from the place of meeting, the like immunity from suit and legal process, including immunity from personal arrest or detention, and the like inviolability of personal baggage as are accorded to the head of a diplomatic mission under the Diplomatic Privileges Act 1964(2).

(3) Paragraph (2)—

(a) does not apply in so far as any immunity or privilege is waived by the Government of a sovereign Power in respect of a representative, and

(b) is without prejudice to any immunity or privilege to which a representative may otherwise be entitled.

(4) Neither paragraph (2) above nor section 6(3) of the International Organisations Act 1968 shall operate so as to confer any immunity or privilege on any person who is—

(a) a representative of the United Kingdom or a member of the official staff of such a representative,

(b) a British citizen, a British overseas territories citizen, a British Overseas citizen, a British National (Overseas), a British subject under the British Nationality Act 1981(3) or a British protected person under the meaning of that Act, or

(c) permanently resident in the United Kingdom.

Richard Tilbrook

Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order confers immunities and privileges upon the representatives of the sovereign Powers (other than the United Kingdom) at the Commonwealth Heads of Government Meeting, which is due to be held in London and Windsor in the United Kingdom beginning on 16th April 2018.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1968 c.48; section 6 was amended by the International Organisations Act 1981 (c.9), section 1(3).

(2)

1964 c.81.

(3)

1981 c.61.