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Landmines Act 1998

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15Privileges and immunities for fact-finding missions

(1)Members of a fact-finding mission shall enjoy—

(a)immunity from suit and legal process in respect of things done or omitted to be done by them in the carrying out of their functions under the Ottawa Convention;

(b)the like immunity from personal arrest or detention and the like inviolability for all papers and documents as, in accordance with the 1961 Articles, are accorded to a diplomatic agent; and

(c)the like exemptions and privileges in respect of their personal baggage as, in accordance with Article 36 of the 1961 Articles, are accorded to a diplomatic agent.

(2)The immunities, privileges and exemptions accorded to members of fact-finding missions by virtue of subsection (1)(b) and (c) shall be enjoyed by them at any time when they are in the United Kingdom either—

(a)for the purpose of carrying out in the United Kingdom any of the functions of the mission; or

(b)while in transit to or from a country or territory in connection with the carrying out, in that country or territory, of any of the functions of the mission.

(3)If any of the immunities, privileges or exemptions accorded to a member of a fact-finding mission under this section is waived in any particular case by the Secretary General of the United Nations, this section shall have effect in that case as if it did not confer that immunity, privilege or exemption on that member of the mission.

(4)If in any proceedings a question arises whether a person is or is not entitled to any immunity, privilege or exemption by virtue of this section, a certificate issued by or under the authority of the Secretary of State stating any fact relating to that question shall be conclusive evidence of that fact.

(5)In this section “the 1961 Articles” means the Articles which are set out in Schedule 1 to the [1964 c. 81.] Diplomatic Privileges Act 1964 (Articles of Vienna Convention on Diplomatic Relations of 1961 having force of law in the United Kingdom).

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