C1Part I Visiting Forces
9AF1Claims against visiting forces: transfer of liability
1
This section applies where a claim is brought in a court in the United Kingdom against a country to which this section applies (“the country concerned”) and the claim is within subsection (2).
2
A claim is within this subsection if—
a
it is a claim in tort;
b
it arises—
i
out of an act done by a member of a visiting force of the country concerned, or of a civilian component of such a force, in the performance of official duties; or
ii
out of any other act or occurrence for which a visiting force of the country concerned, or a civilian component of such a force, is legally responsible;
c
it is brought by a third party; and
d
it is not an excluded claim.
3
Where this section applies the Secretary of State may, if requested to do so by the country concerned, make a declaration under this section.
4
A declaration under this section is a written declaration, signed by the Secretary of State, which—
a
specifies the claim concerned and the matter to which it relates; and
b
states that, with effect from a time specified in the declaration, any liability in tort of the country concerned in respect of that matter is transferred to the Ministry of Defence.
5
A declaration under this section has the effect that the liability mentioned in the declaration is transferred to the Ministry of Defence at the time specified in the declaration.
6
The Secretary of State must notify the country concerned and the claimant where a declaration under this section has been made.
7
Section 9 does not apply to a claim in respect of which liability has been transferred under this section.
8
In this section—
“act” includes an omission;
“the Agreement” means the Agreement between the Parties to the North Atlantic Treaty Regarding the Status of their Forces, done in London on 19th June 1951;
“excluded claim” means a claim to which, by virtue of paragraph 5(h) of Article VIII of the Agreement (certain claims arising from ships and cargo), paragraph 5(a) of that Article does not apply;
“third party” means a person other than a member of a visiting force of the country concerned or of a civilian component of such a force;
“tort” includes delict.
9
It is immaterial for the purposes of this section whether the country concerned is the only defendant in relation to the claim mentioned in subsection (1).
Pt. I extended by Finance Act 1960 (c. 44), s. 73(4)
Pt. I (ss. 1-12) excluded (1.5.2000) by S.R. 2000/93, reg. 3