Armed Forces Act 2011

25 Claims against visiting forces: transfer of liability

After section 9 of the Visiting Forces Act 1952 insert—

“9A Claims against visiting forces: transfer of liability

(1) This section applies where a claim is brought in a court in the United Kingdom against a country to which this section applies (“the country concerned”) and the claim is within subsection (2).

(2) A claim is within this subsection if—

(a) it is a claim in tort;

(b) it arises—

(i) out of an act done by a member of a visiting force of the country concerned, or of a civilian component of such a force, in the performance of official duties; or

(ii) out of any other act or occurrence for which a visiting force of the country concerned, or a civilian component of such a force, is legally responsible;

(c) it is brought by a third party; and

(d) it is not an excluded claim.

(3) Where this section applies the Secretary of State may, if requested to do so by the country concerned, make a declaration under this section.

(4) A declaration under this section is a written declaration, signed by the Secretary of State, which—

(a) specifies the claim concerned and the matter to which it relates; and

(b) states that, with effect from a time specified in the declaration, any liability in tort of the country concerned in respect of that matter is transferred to the Ministry of Defence.

(5) A declaration under this section has the effect that the liability mentioned in the declaration is transferred to the Ministry of Defence at the time specified in the declaration.

(6) The Secretary of State must notify the country concerned and the claimant where a declaration under this section has been made.

(7) Section 9 does not apply to a claim in respect of which liability has been transferred under this section.

(8) In this section—

• “act” includes an omission;

• “the Agreement” means the Agreement between the Parties to the North Atlantic Treaty Regarding the Status of their Forces, done in London on 19th June 1951;

• “excluded claim” means a claim to which, by virtue of paragraph 5(h) of Article VIII of the Agreement (certain claims arising from ships and cargo), paragraph 5(a) of that Article does not apply;

• “third party” means a person other than a member of a visiting force of the country concerned or of a civilian component of such a force;

• “tort” includes delict.

(9) It is immaterial for the purposes of this section whether the country concerned is the only defendant in relation to the claim mentioned in subsection (1).”