The International Organisations (Immunities and Privileges) (Scotland) Order 2009

6.—(1) Except in so far as in any particular case such immunity or privilege is waived by the Government of the Member which they represent, representatives of a Member of the Organisation at the meetings of any organ, committee or other subordinate body of the Organisation (including any sub committee or similar body) shall enjoy–

(a) immunity from suit and legal process in respect of things done or omitted to be done by them in their official capacity;

(b) while exercising their functions (and during their journeys to and from the place of meeting), the like inviolability for all papers and documents as is accorded to a diplomatic agent; and

(c) while exercising their functions (and during their journeys to and from the place of meeting), the like immunity from personal arrest or detention and from seizure of their personal baggage as is accorded to a diplomatic agent.

(2) Where the incidence of any form of local taxes (as described in the exception in Section A1 of Part II of Schedule 5 to the Scotland Act 1998) depends on residence, a representative shall not be deemed to be resident in the United Kingdom during any period when the representative is present in the United Kingdom for the discharge of the representative’s duties.

(3) Except in so far as in any particular case any privilege or immunity is waived by the Executive Board of the Organisation the following persons shall enjoy the same immunities and privileges as provided for in sub paragraphs (1) and (2)–

(a) the President of the Conference; and

(b) members of the Executive Board, their substitutes and advisers.

(4) Part IV of Schedule 1 to the 1968 Act shall not operate so as to confer any immunity or privilege on–

(a) the official staff of a representative other than alternates, technical experts and secretaries of delegations;

(b) the family of a representative or of a member of the official staff of a representative; or

(c) the official staff or family of any person to whom sub-paragraph (3) applies.

(5) Neither the preceding sub paragraphs nor Part IV of Schedule 1 to the 1968 Act shall operate so as to confer any immunity or privilege on–

(a) persons as the representatives or as members of the official staff of such representatives, of Her Majesty’s Government in the United Kingdom; or

(b) any person who is a British citizen, a British overseas territories citizen, a British Overseas citizen or a British National (Overseas).