The Consular Relations (Privileges and Immunities) (Socialist Republic of Romania) Order 1970

4.  (1)  Subject to the provisions of paragraphs (2) and (3) of this Article—

(a)Article 29 in Schedule 1 to the Diplomatic Privileges Act 1964 personal inviolability) shall be extended to the head of a consular post of the Socialist Republic of Romania;

(b)paragraphs 1 and 3 of Article 31 in Schedule 1 to the Diplomatic Privileges Act 1964 (immunity from jurisdiction) shall be extended to the head of a consular post of the Socialist Republic of Romania, and shall be extended to consular employees and to members of the service staff of a consular post of the Socialist Republic of Romania in respect of acts performed in the exercise of their functions, except that in any case the immunity from civil jurisdiction and from execution shall not apply—

(i)to an action arising out of a contract which was not concluded, expressly or impliedly, on behalf of the Socialist Republic of Romania, or

(ii)to an action brought by a third party in respect of damage resulting from an accident in the United Kingdom caused by a vehicle, vessel or aircraft;

(c)Article 29 in Schedule 1 to the Diplomatic Privileges Act 1964 (personal inviolability) and the immunity from criminal jurisdiction accorded under paragraphs 1 and 3 of Article 31 in that Schedule shall be extended to members of the family of the head of a consular post of the Socialist Republic of Romania forming part of his household;

(d)paragraph 2 of Article 31 in Schedule 1 to the Diplomatic Privileges Act 1964 (exemption from obligation to give evidence) shall be extended to consular employees and to members of the service staff of a consular post of the Socialist Republic of Romania to the extent that they shall be entitled to decline to give evidence concerning matters connected with the exercise of their functions or to produce official correspondence and documents relating thereto and to give evidence as expert witnesses with regard to the law of the Socialist Republic of Romania.

(2) The provisions of paragraph (1)(a), (b) and (c) of this Article shall not apply to any person (other than a consular employee) who is a citizen of the United Kingdom and Colonies, a British subject by virtue of section 2, 13 or 16 of the British Nationality Act 1948 or the British Nationality Act 1965, or a British protected person within the meaning of the said Act of 1948, or who is permanently resident in the United Kingdom, and the provisions of paragraph (1)(c) of this Article shall not apply to any person who carries on any private gainful occupation in the United Kingdom.

(3) Any privilege or immunity conferred by the provisions of paragraph (1) of this Article may be waived by the Socialist Republic of Romania. Waiver must always be express. A waiver shall be deemed to have been expressed by the Socialist Republic of Romania if it has been expressed by the head, or any person for the time being performing the functions of head, of the diplomatic mission in the United Kingdom of the Socialist Republic of Romania or, if there is no such mission, of the consular post concerned. Waiver of immunity in respect of civil or administrative proceedings shall not be held to imply waiver of immunity in respect of execution of the judgment for which separate waiver shall be required.