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

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5.—(1) Except in so far as in any particular case such immunity or privilege is waived by the Member State which they represent, representatives of a Member State at the meetings of the Organisation shall enjoy, while exercising their functions (and in the course of their journeys to and from the place of meeting)–

(a)immunity from suit and legal process (even after the termination of their mission) in respect of things done or omitted to be done in the course of the performance of official duties; and

(b)the like immunity from personal arrest or detention as is accorded to the head of a diplomatic mission.

(2) The immunity accorded by sub-paragraph (1)(a) shall not apply in the case of a motor traffic offence committed by a representative or in the case of damage caused by a motor vehicle belonging to or driven by a representative.

(3) This paragraph shall not operate so as to confer any immunity or privilege on–

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

(b)any person who is a British citizen, a British overseas territories citizen, a British Overseas citizen, a British National (Overseas) or who is permanent resident of the United Kingdom.

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