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The International Organisations (Immunities and Privileges) (Scotland) Order 2009

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The International Organisations (Immunities and Privileges) (Scotland) Order 2009 No. 44

High and other officials

8.—(1) Except in so far as in any particular case such immunity or privilege is waived by the Assembly of the Authority (in the case of the Secretary General of the Authority) or by the Secretary General of the Authority (in the case of the Director General of the Enterprise), the Secretary General of the Authority (or any official acting instead during the Secretary-General’s absence from duty), and the Director General of the Enterprise, shall enjoy–

(a)the like immunity from suit and legal process as is accorded to or in respect of the head of a diplomatic mission; and

(b)the like inviolability of residence as is accorded to or in respect of the head of a diplomatic mission.

(2) This paragraph shall not apply to any person who is a British citizen, a British overseas territories citizen, a British Overseas citizen or a British National (Overseas) or who is a permanent resident of the United Kingdom.

(3) Part IV of Schedule 1 to the 1968 Act shall not operate so as to confer any immunity or privilege on any member of the family of any officer to whom this paragraph applies other than a spouse (or civil partner) and any child (under 18 years of age).

9.  Except in so far as in any particular case such immunity is waived by the Secretary General of the Authority or (in the case of the Secretary General of the Authority) by the Assembly of the Authority, officials of the Authority shall enjoy immunity from suit and legal process and from personal arrest or detention in respect of acts, including words written or spoken, done by them in the exercise of their functions.

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