State Immunity Act 1978

16 Excluded matters.U.K.

(1)This Part of this Act does not affect any immunity or privilege conferred by the M1Diplomatic Privileges Act 1964 or the M2Consular Relations Act 1968; and—

[F1(a)section 4 above does not apply to proceedings relating to a contract of employment between a State and an individual if the individual is or was employed under the contract as a diplomatic agent or consular officer;

(aa)section 4 above does not apply to proceedings relating to a contract of employment between a State and an individual if the individual is or was employed under the contract as a member of a diplomatic mission (other than a diplomatic agent) or as a member of a consular post (other than a consular officer) and either—

(i)the State entered into the contract in the exercise of sovereign authority; or

(ii)the State engaged in the conduct complained of in the exercise of sovereign authority;]

(b)section 6(1) above does not apply to proceedings concerning a State’s title to or its possession of property used for the purposes of a diplomatic mission.

[F2(1A)In subsection (1)—

  • “consular officer” is to be construed in accordance with Article 1(d) of the Vienna Convention on Consular Relations done at Vienna on 24 April 1963;

  • “diplomatic agent” is to be construed in accordance with Article 1(e) of the Vienna Convention on Diplomatic Relations done at Vienna on 18 April 1961;

  • “member of a consular post” is to be construed in accordance with Article 1(g) of the Vienna Convention on Consular Relations done at Vienna on 24 April 1963;

  • “member of a diplomatic mission” is to be construed in accordance with Article 1(b) of the Vienna Convention on Diplomatic Relations done at Vienna on 18 April 1961.]

(2)This Part of this Act does not apply to proceedings relating to anything done by or in relation to the armed forces of a State while present in the United Kingdom and, in particular, has effect subject to the M3Visiting Forces Act 1952.

(3)This Part of this Act does not apply to proceedings to which section 17(6) of the M4Nuclear Installations Act 1965 applies.

(4)This Part of this Act does not apply to criminal proceedings.

(5)This Part of this Act does not apply to any proceedings relating to taxation other than those mentioned in section 11 above.

Textual Amendments

Marginal Citations