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

Agents, counsel and advocates

10.—(1) Subject to the production of the required certificate, agents, counsel and advocates before the Tribunal during the period of their missions (including time spent on journeys in that connection), shall as necessary for the independent performance of their functions enjoy–

(a) immunity from suit and legal process (even after they have ceased to exercise their functions) in respect of acts, including words written or spoken, done by them in the course of discharging their functions for the Tribunal;

(b) the like inviolability for all papers and documents as is accorded to a diplomatic agent; and

(c) the like immunity from personal arrest, detention and seizure of personal baggage as is accorded to a diplomatic agent.

(2) Sub paragraph (1)(b) and (c) shall not operate so as to confer any immunity or privilege on any person who is a British citizen, a British overseas territories citizen, a British Overseas citizen or a British National (Overseas) or who is permanently resident in the United Kingdom.

(3) Immunities and privileges accorded by this paragraph may be waived–

(a) in the case of agents, counsel and advocates representing, or designated by, a State which is a party to proceedings before the Tribunal, by that State;

(b) in the case of all other agents, counsel and advocates, by the Tribunal.

(4) For the purposes of this paragraph, “required certificate” means a certificate signed by the Registrar certifying the status of the agent, counsel or advocate and specifying a time period reasonably required for the proceedings.