The Arms Control and Disarmament (Inspections) (Sovereign Base Areas of Akrotiri and Dhekelia) Order 1991

Article 2

SCHEDULE 1

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Section 2In subsection (1) the words “the United Kingdom” shall, when they are used the first time, be deleted and the words “the Sovereign Base Areas of Akrotiri and Dhekelia” shall be substituted.
In subsections (4) and (6) the words “or other police officer” shall be inserted after the word “constable”.
Section 3In subsection (1) the words “a fine not exceeding the third level on the standard scale” shall be deleted and the words “a fine not exceeding £1000” shall be substituted.
Subsection (3) shall be deleted.
Section 4For subsection (2) there shall be substituted the following:

(2) In subsection (1):–

“Crown land” means land in which there is a Crown interest; and

“private interest” means an interest which is not a Crown interest;

and for this purpose “Crown interest” means an interest belonging to Her Majesty’s Government in the United Kingdom or to the Sovereign Base Area Administration.

Section 5In subsections (1)and (2) the words “the 1961 Articles” shall be deleted and the words “the Vienna Convention on Diplomatic Relations of 1961” shall be substituted.
In subsection (2) the word “enactments” shall be deleted and the word “ordinances” shall be substituted.
In subsections (3) and (5) the words “the United Kingdom” shall be deleted and the words “the Sovereign Base Areas of Akrotiri and Dhekelia” shall be substituted.
In subsection (7) the definitions of “the 1961 Articles” and “enactment” shall be deleted.

Article 3

SCHEDULE 2PROVISIONS OF THE VIENNA CONVENTION ON DIPLOMATIC RELATIONS OF 1961 REFERRED TO IN SECTION 5(1) AND (2) OF THE ARMS CONTROL AND DISARMAMENT (INSPECTIONS) ACT 1991

ARTICLE 29

The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity.

ARTICLE 30

2.  His papers, correspondence and, except as provided in paragraph 3 of Article 31, his property, shall likewise enjoy inviolability.

ARTICLE 31

1.  A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of:

(a)a real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission;

(b)an action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State;

(c)an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.

2.  A diplomatic agent is not obliged to give evidence as a witness.

3.  No measures of execution may be taken in respect of a diplomatic agent except in the cases coming under sub-paragraphs (a), (b) and (c) of paragraph 1 of this Article, and provided that the measures concerned can be taken without infringing the inviolability of his person or of his residence.

ARTICLE 34

A diplomatic agent shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except:

(a)indirect taxes of a kind which are normally incorporated in the price of goods or services;

(b)dues and taxes on private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission;

(c)estate, succession or inheritance duties levied by the receiving State, subject to the provisions of paragraph 4 of Article 39;

(d)dues and taxes on private income having its source in the receiving State and capital taxes on investments made in commercial undertakings in the receiving State;

(e)charges levied for specific services rendered;

(f)registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property, subject to the provisions of Article 23.

ARTICLE 35

The receiving State shall exempt diplomatic agents from all personal services, from all public service of any kind whatsoever, and from military obligations such as those connected with requisitioning, military contributions and billeting.

ARTICLE 36

1.  The receiving State shall, in accordance with such laws and regulations as it may adopt, permit entry of and grant exemption from all customs duties, taxes, and related charges other than charges for storage, cartage and similar services, on: . . .

(b)articles for the personal use of a diplomatic agent or members of his family forming part of his household, including articles intended for his establishment.