The State Immunity (Jersey) Order 1985

Article 3

SCHEDULE MODIFICATIONS IN THE EXTENSION OF THE STATE IMMUNITY ACT 1978 TO THE BAILIWICK OF JERSEY

1.—(1) Except in sections 2(7), 4(2)(b) and (5), 8(1)(b), 13(5), 14(1), 15(1) and 19(2) and (4), or where an express modification is made, any reference to the United Kingdom shall be construed as a reference to the Bailiwick.

(2) Any reference to an enactment shall be construed, unless the contrary appears, as a reference to it as it has effect in the Bailiwick.

2.  In section 4(2)(b), for the word “there” there shall be substituted the words “in the Bailiwick”.

3.  In section 8(1)(b), after the words “United Kingdom”, in both places where they occur, there shall be inserted the words “or the Bailiwick”.

4.  Section 13(6) shall be omitted.

5.  After section 14(5) there shall be inserted the following subsection:—

“(5A) Any Order in Council made under subsection (5) above shall have effect in the Bailiwick as it has effect in the United Kingdom if registered in the Royal Court of Jersey and from the date of such registration.”.

6.  For section 15(2) there shall be substituted the following subsection:—

“(2) Where an Order in Council made under this section—

(a) restricts the immunities and privileges conferred by this Part of this Act; or

(b) extends the immunities and privileges conferred by this Part of this Act so as to comply with the requirements of any treaty, convention or other international agreement to which the United Kingdom is a party on behalf of the Bailiwick (as well as on its own behalf),

that Order shall have effect in the Bailiwick as it has effect in the United Kingdom if registered in the Royal Court of Jersey and from the date of such registration.”.

7.  In section 16—

(a) the following provision shall be substituted for subsection (1):—

“(1) This Part of this Act does not affect any immunity or privilege customarily granted to members of a mission within the meaning of the Vienna Convention on Diplomatic Relations signed in 1961(1) or members of a consular post within the meaning of the Vienna Convention on Consular Relations signed in 1963(2); and

(a) section 4 above does not apply to proceedings concerning the employment of the members of such a mission or consular post;

(b) section 6(1) above does not apply to proceedings concerning a State's title to or its possession of property used for the purposes of a diplomatic mission.”

and

(b) in subsection (2), the words “and, in particular, has effect subject to the Visiting Forces Act 1952” shall be omitted.

8.  In section 17, subsections (3), (4) and (5) shall be omitted.

9.  Section 20 shall be omitted.

10.  In section 22—

(a) in subsection (1), the words from “and references to” to the end of the subsection shall be omitted; and

(b) subsection (5) shall be omitted.

11.  In section 23—

(a) subsections (2), (5), (6) and (7) shall be omitted; and

(b) the references in subsections (3) and (4) to the coming into force of this Act shall be construed as references to the date of the coming into operation of the State Immunity (Jersey) Order 1985.

(1)

Cmnd. 1368.

(2)

Cmnd. 5219.