(1)Her Majesty may, in relation to any such Commonwealth representatives as are described in subsection (2) below, provide by Order in Council for conferring all or any of the privileges and immunities which are conferred by or may be conferred under this Act on consular posts or persons connected with consular posts; and the reference in section 8(1)(b) of this Act (refund of hydrocarbon oil duty) to an order under section 3(1) of this Act shall extend also to an order under this section.
(2)The Commonwealth representatives in relation to whom this section applies are—
(a)persons in the service of the Government of any country within the Commonwealth (other than the United Kingdom) who hold offices appearing to Her Majesty to involve the performance of duties substantially corresponding to duties which, in the case of a foreign sovereign power, would be performed by a consular officer; and
(b)any person for the time being recognised by Her Majesty’s Government in the United Kingdom as the chief representative in the United Kingdom of a state or province of a country within the Commonwealth.
(3)The privileges and immunities which may be conferred under this section shall include those which in other cases may, if an agreement so requires, be conferred by virtue of Schedule 2 to this Act.
(4)The provisions of this section shall have effect in relation to persons in the service of the Government of the Republic of Ireland as they have effect in relation to persons in the service of the Government of a country within the Commonwealth.]
Textual Amendments
F1S. 12 substituted by Diplomatic and other Privileges Act 1971 (c. 64), s. 4(1), Sch.
(1)If consular officers are appointed—
(a)by Her Majesty’s Government in the United Kingdom to serve in any other country within the Commonwealth or in the Republic of Ireland; or
(b)by the Government of any other country within the Commonwealth or of the Republic of Ireland to serve in the United Kingdom;
any enactment passed before the passing of this Act which confers any function on consular officers shall be construed in accordance with the following provisions of this section.
(2)References (however expressed) in any such enactment to a consular officer shall be construed, subject to any provision made under subsection (3)(a) of this section, as not including a consular officer appointed as mentioned in subsection (1)(a) of this section.
(3)Her Majesty may by Order in Council make provision—
(a)for requiring references to a consular officer in any enactment passed before the passing of this Act to be construed as including a consular officer appointed as mentioned in subsection (1)(a) of this section (or as including a consular officer so appointed in any country or place specified in the Order) or for the exercise by a consular officer so appointed (or so appointed in any such country or place) of any functions conferred by the enactment on some other officer;
(b)for making in the [F2Merchant Shipping Act 1995] or the M1Consular Conventions Act 1949 such adaptations of any provision referring to a consular officer of a foreign State as appear to Her to be necessary or expedient to make the provision applicable to consular officers appointed as mentioned in subsection (1)(b) of this section and to dispense with any requirement as to the conclusion of a consular convention.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
Textual Amendments
F2Words in s. 13(3)(b) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 40(a) (with s. 312(1))
F3S. 13(4) repealed by Consular Fees Act 1980 (c. 23, SIF 99:5), s. 1(5)
Marginal Citations
(1)No recommendation shall be made to Her Majesty in Council to make an Order containing such provision as is mentioned in section 1(11) or section 3(1) of this Act unless a draft thereof has been laid before and approved by resolution of each House of Parliament.
(2)Any other statutory instrument made under the foregoing provisions of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)Any power to make an Order conferred by this Act includes power to vary or revoke such an Order by a subsequent Order.
Notwithstanding anything in the M2Colonial Laws Validity Act 1865, no colonial law within the meaning of that Act shall be void or inoperative as being repugnant to the M3Admiralty Offences (Colonial) Act 1849, the M4Territorial Waters Jurisdiction Act 1878 or section [F4280 or section 281 of the Merchant Shipping Act 1995] by reason only of making provision corresponding to section 5 of this Act.
Textual Amendments
F4Words in s. 15 substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 40(b) (with s. 312(1))
Marginal Citations
(1)This Act may be cited as the Consular Relations Act 1968.
(2)For the purposes of section 4, 5 or 6 of this Act a ship, and for the purposes of section 4 an aircraft, shall be treated as belonging to a State in such circumstances as may be specified by an Order in Council under that section; and different circumstances may be so specified with respect to different States and different classes of ship or aircraft.
(3)This Act, except sections 7 to 11, shall not come into force until such day as Her Majesty may by Order in Council appoint.
(4)In the M5Consular Conventions Act 1949, section 4, in section 6(1) the words “or section 4” and, in section 7(2), paragraph (c) are hereby repealed.
Modifications etc. (not altering text)
C11.1.1971 appointed under s. 16(3) by S.I. 1970/1684
C2The text of s. 16(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991
Marginal Citations