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PART IDIPLOMATIC AND CONSULAR PREMISES

1Acquisition and loss by land of diplomatic or consular status

(1)Subject to subsection (2) below, where a State desires that land shall be diplomatic or consular premises, it shall apply to the Secretary of State for his consent to the land being such premises.

(2)A State need not make such an application in relation to land if the Secretary of State accepted it as diplomatic or consular premises immediately before the coming into force of this section.

(3)In no case is land to be regarded as a State's diplomatic or consular premises for the purposes of any enactment or rule of law unless it has been so accepted or the Secretary of State has given that State consent under this section in relation to it; and if—

(a)a State ceases to use land for the purposes of its mission or exclusively for the purposes of a consular post; or

(b)the Secretary of State withdraws his acceptance or consent in relation to land,

it thereupon ceases to be diplomatic or consular premises for the purposes of all enactments and rules of law.

(4)The Secretary of State shall only give or withdraw consent or withdraw acceptance if he is satisfied that to do so is permissible under international law.

(5)In determining whether to do so he shall have regard to all material considerations, and in particular, but without prejudice to the generality of this subsection—

(a)to the safety of the public;

(b)to national security; and

(c)to town and country planning.

(6)If a State intends to cease using land as premises of its mission or as consular premises, it shall give the Secretary of State notice of that intention, specifying the date on which it intends to cease so using them.

(7)In any proceedings a certificate issued by or under the authority of the Secretary of State stating any fact relevant to the question whether or not land was at any time diplomatic or consular premises shall be conclusive of that fact.