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The International Organisations (Immunities and Privileges) (Scotland) Order 2009

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CEPOL

2.  The Archives of CEPOL shall have the like inviolability as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives of a diplomatic mission.

3.  The Premises of CEPOL shall have the like inviolability as, in accordance with the 1961 Convention Articles, is accorded in respect of the premises of a diplomatic mission, except that–

(a)the Premises of CEPOL may be entered with the consent of and under conditions approved by the Administrative Director of CEPOL (and such consent shall be presumed if the Administrative Director cannot be reached in time in the case of fire or other emergency requiring prompt protective action or in the event that the competent authorities of the United Kingdom have reasonable cause to believe that such an emergency has occurred or is about to occur in the Premises of CEPOL);

(b)the Premises of CEPOL may be entered by duly authorised representatives of appropriate public service bodies to inspect, repair, maintain, reconstruct or relocate utilities, conduits, mains or sewers within the Premises of CEPOL under conditions which will not unreasonably disturb the carrying out of the Official Activities of CEPOL and under suitable arrangements made by the Administrative Director of CEPOL.

4.—(1) Within the scope of the Official Activities of CEPOL, CEPOL shall enjoy immunity from suit and legal process except–

(a)to the extent that CEPOL has expressly waived such immunity in a particular case;

(b)in respect of a civil action by a third party for damage caused by a motor vehicle belonging to, or operated on behalf of, CEPOL or in respect of a motor traffic offence involving such a vehicle;

(c)in respect of a civil action relating to death or personal injury caused by an act or omission in the United Kingdom;

(d)in respect of the enforcement of an arbitration award made against CEPOL as a result of an express submission to arbitration by or on behalf of CEPOL;

(e)in respect of any counter claim directly connected with court proceedings initiated by CEPOL;

(f)in respect of proceedings relating to a contract of employment between CEPOL and a Member of Staff.

(2) Sub paragraph (1) shall not prevent the taking of such measures as may be permitted by law in relation to the property and assets of CEPOL, wheresoever located and by whomsoever held, upon the delivery of a final judgment against CEPOL.

5.  Within the scope of the Official Activities of CEPOL, CEPOL shall have the like relief from non-domestic rates on the premises of CEPOL as, in accordance with Article 23 of the 1961 Convention Articles, is accorded in respect of the premises of a diplomatic mission.

6.  CEPOL shall have exemption from prohibitions and restrictions on exportation of goods by CEPOL necessary for the exercise of its Official Activities except where the prohibitions or restrictions arise from European Community law.

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