The Commonwealth Countries and Republic of Ireland (Immunities and Privileges) Order 1985

1.  This Order may be cited as the Commonwealth Countries and Republic of Ireland (Immunities and Privileges) Order 1985 and shall come into operation on 1st February 1986.

2.  In this Order “ the Act” means the Consular Relations Act 1968.

3.  Subject to Article 12 of this Order, the like privileges and immunities as are conferred on consular officers and on members of their families forming part of their households by section 1 of the Act read with Section II of Chapter II in Schedule 1 to the Act shall be conferred.

(a) on persons for the time being holding any of the offices or an office in any of the classes of office specified in Schedule 1 to this Order, and on members of their families forming part of their households, and

(b) on members of the staff of any such officer as is mentioned in paragraph (a) of this Article who appear to the Secretary of State to perform duties substantially corresponding to duties which, in the case of a foreign sovereign Power, would be performed by a consular officer, and on members of their families forming part of their households.

4.  Subject to Article 12 of this Order, the like privileges and immunities as are conferred on consular employees and on members of their families forming part of their households by section 1 of the Act read with Section II of Chapter II in Schedule 1 to the Act shall be conferred on members of the staff of any such officer as is mentioned in Article 3(a) of this Order who appear to the Secretary of State to perform duties substantially corresponding to those which, in the case of a foreign sovereign Power, would be performed by a consular employee, and on members of their families forming part of their households.

5.  Subject to Article 12 of this Order, the like privileges and immunities as are conferred on members of the service staff of a consular post and on members of their families forming part of their households by section 1 of the Act read with Section II of Chapter II in Schedule 1 to the Act shall be conferred on members of the staff of any such officer as is mentioned in Article 3(a) of this Order who appear to the Secretary of State to perform duties substantially corresponding to those which, in the case of a consular post of a foreign sovereign Power, would be performed by a member of the service staff, and on members of their families forming part of their households.

6.  The like privilege as is conferred on members of the private staff of members of a consular post by section 1 of the Act read with paragraph 2 of Article 48 in Schedule 1 to the Act shall be conferred on members of the private staff of any such officer, or of any member of the staff of such officer, as is mentioned in Article 3, 4 or 5 of this Order.

7.  The like privileges and immunities as are conferred on a consular post by Section 1 of Chapter II in Schedule 1 to the Act shall be conferred on a post which is headed by any such officer as is mentioned in Article 3(a) of this Order.

8.  The like exemption from dues and taxes as is accorded under Article 32 in Schedule 1 to the Act to the residence of the career head of a consular post shall be extended to the residence of any such officer as is mentioned in Article 3(a) of this Order and to the residence of any such member of his staff as is mentioned in Article 3(b) or 4 of this Order, provided that, in either case, the residence is owned or leased by the country which employs the officer concerned or by any person acting on its behalf.

9.  The like relief from general rates as is accorded under Article 32 in Schedule 1 to the Act to consular premises and the residence of the career head of a consular post shall be extended to the office (known as the Hong Kong Government Office) and the residence respectively of the Hong Kong Commissioner, to the Offices of the Hong Kong Liaison Officers in Manchester and Edinburgh, and to the office and the residence respectively of the Falkland Islands Government Representative in London and of the Cayman Islands Government Representative in London.

10.—(1) Subject to Article 12 of this Order, the like privileges and immunities as are conferred on honorary consular officers by section 1 of the Act read with Chapter III in Schedule 1 to the Act shall be conferred on such officers as are mentioned in paragraph (2) of this Article.

(2) The officers referred to in paragraph (1) of this Article are persons for the time being holding any of the offices specified in Schedule 2 to this Order.

11.  The like privileges and immunities as are conferred on a post headed by an honorary consular officer by Chapter III in Schedule 1 to the Act shall be conferred on a post which is headed by any such person as is mentioned in Article 9(2) of this Order.

12.—(1) Any such officer or member of the staff as is mentioned in Article 3 or Article 10(2) of this Order who is comprised within the definition of “national of the receiving State” in section 1(2) of the Act and is not also a citizen of the country by which he is employed or who is permanently resident in the United Kingdom shall enjoy only immunity from jurisdiction and personal inviolability in respect of official acts performed in the exercise of his functions, and the privilege provided in paragraph 3 of Article 44 in Schedule 1 to the Act. Privileges and immunities shall not be conferred under this Order on any member of the family of such an officer.

(2) Privileges and immunities shall not be conferred under this Order on any such member of the staff of an officer as is mentioned in Article 4 or Article 5 of this Order or on any member of the family of such a member of the staff if the member of staff is comprised within the definition of “national of the receiving State” in section 1(2) of the Act and is not also a citizen of the country by which he is employed, or is permanently resident in the United Kingdom.

(3) Privileges and immunities shall not be conferred under this Order on any member of the family of any such officer as is mentioned in Article 3(a) of this Order or on any member of the family of any member of the staff of any such officer if the member of the family is comprised within the definition of “national of the receiving State” in section 1(2) of the Act or is permanently resident in the United Kingdom.

(4) The privilege referred to in Article 6 of this Order shall not be conferred on any member of a private staff who is comprised within the definition of “national of the receiving State” in section 1(2) of the Act and is not also a citizen of the country by which his employer is employed, or who is permanently resident in the United Kingdom.

13.  The Orders referred to in Schedule 3 to this Order are hereby revoked.

G. I. de Deney

Clerk of the Privy Council