9AClaims 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).