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Statutory Instruments

1963 No. 614

CONSULAR RIGHTS AND PRIVILEGES

ADMINISTRATION OF ESTATES POWERS OF ENTRY IN RELATION TO CONSULAR OFFICES

The Consular Conventions (Spanish State) Order 1963

Made

26th March 1963

Laid before Parliament

1st April 1963

Coming into Operation

12th April 1963

At the Court of Saint James, the 26th day of March 1963

Present,

Her Majesty Queen Elizabeth The Queen Mother

His Royal Highness The Duke of Gloucester

Lord President

Mr. Boyd-Carpenter

Chancellor of the Duchy of Lancaster

Mr. Deedes

Whereas Her Majesty, in pursuance of the Regency Acts 1937 to 1953, was pleased, by Letters Patent dated the twenty-second day of January, 1963, to delegate to the following Counsellors of State (subject to the exceptions hereinafter mentioned) or any two or more of them, that is to say, His Royal Highness The Prince Philip, Duke of Edinburgh, Her Majesty Queen Elizabeth The Queen Mother, Her Royal Highness The Princess Margaret, Countess of Snowdon, His Royal Highness The Duke of Gloucester, His Royal Highness Prince William of Gloucester, and His Royal Highness The Duke of Kent, full power and authority during the period of Her Majesty's absence from the United Kingdom to summon and hold on Her Majesty's behalf Her Privy Council and to signify threat Her Majesty's approval for anything for which Her Majesty's approval in Council is required:

And whereas Her Majesty was further pleased to except from the number of the said Counsellors of State His Royal Highness The Prince Philip, Duke of Edinburgh, Her Royal Highness The Princess Margaret, Countess of Snowdon, His Royal Highness The Duke of Gloucester, His Royal Highness Prince William of Gloucester and His Royal Highness The Duke of Kent while absent from the United Kingdom:

And whereas by section 6 (1) of the Consular Conventions Act 1949 (hereinafter referred to as “the Act”) it is enacted that Her Majesty may by Order in Council direct that sections one and two or section four of the Act (which provide for the exercise by consular officers of certain powers in relation to the property of deceased persons, and for the restriction of the powers of entry in relation to consular offices) shall apply to any foreign State specified in the Order, being a State with which a Consular Convention providing for matters for which provision is made by those sections has been concluded by Her Majesty;

And whereas a Consular Convention between Her Majesty in respect of the United Kingdom of Great Britain and Northern Ireland and the Head of the Spanish State was signed at Madrid on the 30th day of May 1961 which provides for matters for which provision is made in the said sections one and two and section four, and which enters into force on the thirty-first day after the date of exchange of instruments of ratification;

And whereas instruments of ratification were exchanged on the 12th day of March 1963:

Now, therefore, Her Majesty Queen Elizabeth The Queen Mother and His Royal Highness The Duke of Gloucester, being authorized thereto by the said Letters Patent, and in pursuance of the powers conferred by the Act or otherwise in Her Majesty vested, do hereby, by and with the advice of Her Majesty's Privy Council, on Her Majesty's behalf order, and it is hereby ordered, as follows:

1.  Sections one and two and section four of the Act shall apply to the Spanish State.

2.  This Order may be cited as the Consular Conventions (Spanish State) Order 1963. It shall come into operation on the 12th day of April 1963.

W. G. Agnew

EXPLANATORY NOTE

This Order in Council provides for the application of sections one, two and four of the Consular Conventions Act 1949 to the Spanish State and thus enables Her Majesty to give effect to the Consular Convention between the United Kingdom and the Spanish State which was signed at Madrid on the 30th of May 1961 (Cmnd. 1569).

The purport of sections one, two and four of the Act is stated in the preamble to this Order. Sections one and four relate to England and, with the modifications contained in section seven of the Act, to Northern Ireland; sections two and four relate to Scotland.