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

Members of the Tribunal

6.—(1) Members of the Tribunal shall enjoy the immunities and privileges set out in sub paragraph (2) when–

(a) engaged on the business of the Tribunal;

(b) residing in the United Kingdom for the purpose of holding themselves at the disposal of the Tribunal;

(c) on journeys in or through the United Kingdom in connection with the exercise of their functions.

(2) Those immunities and privileges are–

(a) the like immunity from suit and legal process as is accorded to or in respect of the head of a diplomatic mission;

(b) the like inviolability of residence as is accorded to or in respect of the head of a diplomatic mission;

(c) the like immunity from personal arrest, detention and seizure of personal baggage as is accorded to or in respect of the head of a diplomatic mission; and

(d) the like exemption or relief from local taxes (as described in the exception in Section A1 of Part II of Schedule 5 to the Scotland Act 1998) as is accorded to or in respect of the head of a diplomatic mission.

(3) Sub paragraphs (1) and (2) 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.

(4) But any such person (as is described in sub-paragraph (3)) who is a member of the Tribunal shall enjoy immunity from suit and legal process (even after ceasing to exercise official functions) in respect of acts, including words written or spoken, done by the person in the course of discharging functions in connection with the Tribunal.

(5) Members of the family forming part of the household of a member of the Tribunal–

(a) during any period in which the Tribunal member is resident in the United Kingdom for the purpose of holding that member at the disposal of the Tribunal; or

(b) when that member is on journeys in or through the United Kingdom in connection with the exercise of functions,

shall also enjoy the immunities and privileges under paragraph (2) during the period of that residence or when on such journeys.

(6) Members of the Tribunal after the expiry of their terms of office shall enjoy immunity from suit and legal process in respect of acts, including words written or spoken, done by them in the course of discharging their functions in connection with the Tribunal.

(7) Immunities and privileges accorded by this paragraph may be waived by the Tribunal.