Search Legislation

State Immunity Act 1978

What Version

 Help about what version

Advanced Features

 Help about advanced features

Opening Options

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the State Immunity Act 1978, Part III. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part IIIE+W+S+N.I. Miscellaneous and Supplementary

20 Heads of State.E+W+S+N.I.

(1)Subject to the provisions of this section and to any necessary modifications, the M1Diplomatic Privileges Act 1964 shall apply to—

(a)a sovereign or other head of State;

(b)members of his family forming part of his household; and

(c)his private servants,

as it applies to the head of a diplomatic mission, to members of his family forming part of his household and to his private servants.

(2)The immunities and privileges conferred by virtue of subsection (1)(a) and (b) above shall not be subject to the restrictions by reference to nationality or residence mentioned in Article 37(1) or 38 in Schedule 1 to the said Act of 1964.

(3)Subject to any direction to the contrary by the Secretary of State, a person on whom immunities and privileges are conferred by virtue of subsection (1) above shall be entitled to the exemption conferred by section 8(3) of the M2Immigration Act 1971.

(4)Except as respects value added tax and duties of customs or excise, this section does not affect any question whether a person is exempt from, or immune as respects proceedings relating to, taxation.

(5)This section applies to the sovereign or other head of any State on which immunities and privileges are conferred by Part I of this Act and is without prejudice to the application of that Part to any such sovereign or head of State in his public capacity.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

21 Evidence by certificate.E+W+S+N.I.

A certificate by or on behalf of the Secretary of State shall be conclusive evidence on any question—

(a)whether any country is a State for the purposes of Part I of this Act, whether any territory is a constituent territory of a federal State for those purposes or as to the person or persons to be regarded for those purposes as the head or government of a State;

(b)whether a State is a party to the Brussels Convention mentioned in Part I of this Act;

(c)whether a State is a party to the European Convention on State Immunity, whether it has made a declaration under Article 24 of that Convention or as to the territories in respect of which the United Kingdom or any other State is a party;

(d)whether, and if so when, a document has been served or received as mentioned in section 12(1) or (5) above.

22 General interpretation.E+W+S+N.I.

(1)In this Act “court” includes any tribunal or body exercising judicial functions; and references to the courts or law of the United Kingdom include references to the courts or law of any part of the United Kingdom.

(2)In this Act references to entry of appearance and judgments in default of appearance include references to any corresponding procedures.

(3)In this Act “the European Convention on State Immunity” means the Convention of that name signed in Basle on 16th May 1972.

(4)In this Act “dependent territory” means—

(a)any of the Channel Islands;

(b)the Isle of Man;

(c)any colony other than one for whose external relations a country other than the United Kingdom is responsible; or

(d)any country or territory outside Her Majesty’s dominions in which Her Majesty has jurisdiction in right of the government of the United Kingdom.

(5)Any power conferred by this Act to make an Order in Council includes power to vary or revoke a previous Order.

23 Short title, repeals, commencement and extent.E+W+S+N.I.

(1)This Act may be cited as the State Immunity Act 1978.

(2)Section 13 of the M3 Administration of Justice (MiscellaneousProvisions) Act 1938 and section 7 of the M4Law Reform(Miscellaneous Provisions) (Scotland) Act 1940 (which becomeunnecessary in consequence of Part I of this Act) are hereby repealed.

(3)Subject to subsection (4) below, Parts I and II of this Act do not apply to proceedings in respect of matters that occurred before the date of the coming into force of this Act and, in particular—

(a)sections 2(2) and 13(3) do not apply to any prior agreement, and

(b)sections 3, 4 and 9 do not apply to any transaction, contract or arbitration agreement,

entered into before that date.

(4)Section 12 above applies to any proceedings instituted after the coming into force of this Act.

(5)This Act shall come into force on such date as may be specified by an order made by the Lord Chancellor by statutory instrument.

(6)This Act extends to Northern Ireland.

(7)Her Majesty may by Order in Council extend any of the provisions of this Act, with or without modification, to any dependent territory.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1The text of S. 23(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C2S. 23(5) power of appointment conferred by s. 23(5) fully exercised: 22.11.1978 appointed by S.I. 1978/1572

Marginal Citations

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources