The European Molecular Biology Laboratory (Immunities and Privileges) Order 1994

PART IV MEMBERS OF STAFF

Director-General

14.—(1) Except in so far as in any particular case any privilege or immunity is waived by the Council, the Director-General shall enjoy—

(a) the like immunity from suit and legal process, the like inviolability of residenceand the like exemption or relief from taxes (other than income tax in respect of his emoluments and duties and taxes on the importation of goods) as are accorded to or in respect of a diplomatic agent;

(b) the like exemption or relief from being liable to pay anything in respect of council tax as is accorded to or in respect of a diplomatic agent;

(c) the like exemption from duties and taxes on the importation of articles imported for his personal use, including articles intended for his establishment, as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent;

(d) the like exemption and privileges in respect of his personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent;

(e) relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of duty (whether of customs or excise) or value added tax paid on any hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979) which is bought in the United Kingdom by him or on his behalf and which is for his personal use or for that of members of his family forming part of his household, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements,

provided that this Article shall not apply to any person who is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, or a British National (Overseas), or who is a permanent resident of the United Kingdom.

(2) Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on the family of any officer to whom this Article applies.

Members of Staff

15.—(1) Except in so far as in any particular case any privilege or immunity is waived by the Director-General, the members of staff shall enjoy:

(a) immunity from suit and legal process, even after they have left the services of the Laboratory, in respect of acts, including words written and spoken, performed by them in their official capacity and within the limits of their authority; this immunity shall not apply, however, in the case of a motor traffic offence committed by a member of staff of the Laboratory, nor in the case of damage caused by a motor vehicle belonging to or driven by a member of staff;

(b) unless they are United Kingdom nationals or permanently resident in the United Kingdom, the like exemption from duties (whether of customs or excise) and taxes on the importation of furniture and personal effects (including one motor vehicle each) which—

(i) at or about the time when they first enter the United Kingdom to take up their posts as officers of the Laboratory are imported for their personal use, and

(ii) are articles which were in their ownership or possession or which they were under contract to purchase, immediately before they so entered the United Kingdom,

as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent.

(2) The privileges and immunities set out in paragraph 1 of this Article shall not apply to locally recruited members of staff in the domestic service of the Laboratory.

16.—(1) As from the date on which an internal effective tax for the benefit of the Laboratory on the salaries and emoluments paid to him by the Laboratory is applied, any member of staff of the Laboratory shall enjoy exemption from income tax in respect of such salaries and emoluments, provided that nothing in this paragraph shall be interpreted as precluding such salaries and emoluments from being taken into account for the purpose of assessing the amount of taxation to be applied to income from other sources.

(2) Paragraph (1)

of this Article shall not apply to pensions or annuities paid by the Laboratory.

17.  Provided that the Laboratory has established a social security scheme, which the Secretary of State considers to provide adequate benefits, the Director-General andthe established members of staff of the Laboratory shall enjoy exemptions whereby for the purposes of the enactments relating to social security, including enactments in force in Northern Ireland—

(i) services rendered for the Laboratory by them shall be deemed to be excepted from any class of employment in respect of which contributions or premiums under those enactments are payable, but

(ii) no person shall be rendered liable to pay any contribution or premium which he would not be required to pay if those services were not deemed to be so excepted.