- Latest available (Revised)
- Original (As enacted)
International Headquarters and Defence Organisations Act 1964, SCHEDULE is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
Marginal Citations
1(1)In this Schedule—U.K.
“civilian member of a headquarters” has the meaning assigned to it by paragraph 2 of this Schedule;
“headquarters” means a headquarters or organisation designated by an Order in Council under section 1 of this Act;
“member of a headquarters” means military member or civilian member of a headquarters;
“military member of a headquarters” means a member of any country’s forces who is for the time being appointed to serve in the United Kingdom under the orders of a headquarters, except that it does not include a member of the home forces.
(2)Any reference in this Schedule to a section is a reference to that section of the M2Visiting Forces Act 1952, and any expression used in this Schedule and in that Act has the same meaning in this Schedule as in that Act, except that the expression “dependant” does not include any person who is a citizen of the United Kingdom and Colonies or is ordinarily resident in the United Kingdom.
(3)References in this Schedule to a member of a headquarters belonging to any country are references, in the case of a military member, to his being a member of that country’s forces and, in the case of a civilian member, to his being employed by that country’s forces.
Marginal Citations
2(1)In this Schedule “civilian member of a headquarters” means a person who for the time being holds such a passport as is mentioned in paragraph (a) of subsection (1) of section 10, being a passport containing—U.K.
(a)an uncancelled entry made by or on behalf of an authority appointed for the purposes of this paragraph by any country outside the United Kingdom or by the headquarters stating that he is a civilian member of the headquarters; and
(b)an uncancelled mark or indication made on behalf of the Secretary of State signifying that the entry has been noted and approved;
and whose recognition as a civilian member of the headquarters has not been withdrawn by a notice in writing given to the said authority by or on behalf of the Secretary of State.
(2)Subsections (3) and (4) of section 10 (which contain supplementary provisions as to the passports mentioned in that section) shall with the necessary modifications apply for the purposes of this paragraph.
3(1)Subject to sub-paragraph (2) of this paragraph, a military member of a headquarters who belongs to a country to which section 2 applies shall be included among the persons who are subject to the jurisdiction of the service courts and service authorities of that country in accordance with that section, and subsection (6) of that section shall apply in relation to him as it applies in relation to members of a visiting force.U.K.
(2)Sub-paragraph (1) of this paragraph does not apply to a military member of a headquarters who became (or last became) a member of the forces of the country to which he belongs while he was in the United Kingdom, unless it is shown that he did so with his consent.
4(1)Section 3 shall apply in relation to a person charged with an offence who at the time the offence is alleged to have been committed was a member of a headquarters and belonged to a country to which that section applies as it applies to a person who at that time was a member of a visiting force of that country or was a member of a civilian component of such a force, according as the first-mentioned person was then a military or civilian member of the headquarters; and, as so applying, shall be further adapted as follows:—U.K.
(a)the reference in paragraph (a) of subsection (1) to his duty as a member of that force or component shall be construed as a reference to his duty as a member of the headquarters;
(b)the references in paragraphs (b) and (c) of that subsection to a person having a relevant association with a visiting force of that country shall be construed as including references to any person who at the said time was, or was a dependant of, a member of a headquarters belonging to that country;
(c)the references in the said paragraph (c) to property of the sending country shall be construed as references to property of the country to which the person charged belonged, to property of the headquarters, to such property of any other country to which the section applies as was used or to be used for the purposes of the headquarters, and to such property of any other headquarters as was used or to be used for those purposes;
(d)the references in subsection (2) and in paragraph (a) of subsection (3) to the sending country shall be construed as references to the country to which the person charged belonged.
(2)In relation to a person to whom section 3 applies apart from sub-paragraph (1) of this paragraph, that is to say, a person charged with an offence who at the time the offence is alleged to have been committed was a member of a visiting force of any country or a member of a civilian component of such a force, that section shall have effect subject to the adaption that references in paragraphs (b) and (c) of subsection (1) to a person having a relevant association with a visiting force of the same country shall be construed as including references to any person who at the said time was, or was a dependant of, a member of a headquarters belonging to that country.
5U.K.The references in section 6 to service as a member of a visiting force or as a member of a civilian component of such a force shall include references to service as a member of a headquarters.
6U.K.The references in section 7 to a deceased person who at the time of his death had a relevant association with a visiting force shall include references to a deceased person who at the time of his death was a member of a headquarters and belonged to a country to which that section applies or a dependant of such a member.
7U.K.Sections 8 and 9 shall apply in relation to a headquarters and its members and property and persons connected with it as they apply in relation to a visiting force and its members and property and persons connected with it.
8U.K.For the purposes of the M3Visiting Forces Act 1952 as adapted by this Schedule—
(a)a certificate issued by or on behalf of an authority appointed by a headquarters for the purposes of paragraph 2 of this Schedule stating that at a time specified in the certificate a person so specified either was or was not a military or civilian member of that headquarters and, if he was, belonged to any country so specified;
(b)a certificate so issued stating that an alleged offence, if committed by a person so specified, arose out of and in the course of his duty as a member of that headquarters;
shall be sufficient evidence of the fact so stated unless the contrary is proved.
Marginal Citations
9U.K.Subsection (3) of section 16 shall apply in relation to any document purporting to be any such certificate as is mentioned in paragraph 8 of this Schedule, and to the authority issuing such a certificate, as it applies in relation to such a certificate and authority as are mentioned in that section.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: