The Visiting Forces and International Headquarters (Application of Law) Order 1999

Article 3(1)

SCHEDULE 1

Part ICOUNTRIES SPECIFIED IN SECTION 1(1)(a) OF THE VISITING FORCES ACT 1952

• Antigua and Barbuda.

• Australia.

• The Bahamas.

• Bangladesh.

• Barbados.

• Belize.

• Botswana.

• Brunei.

• Canada.

• The Republic of Cyprus.

• Dominica.

• Fiji.

• The Gambia.

• Ghana.

• Grenada.

• Guyana.

• India.

• Jamaica.

• Kenya.

• Kiribati.

• Lesotho.

• Malawi.

• Malaysia.

• Maldives.

• Malta.

• Mauritius.

• Namibia.

• Nauru.

• New Zealand.

• Nigeria.

• Pakistan.

• Papua New Guinea.

• Saint Christopher and Nevis.

• Saint Lucia.

• Saint Vincent and the Grenadines.

• Samoa.

• Seychelles.

• Sierra Leone.

• Singapore.

• Solomon Islands.

• South Africa.

• Sri Lanka.

• Swaziland.

• Tanzania.

• Tonga.

• Trinidad and Tobago.

• Tuvalu.

• Uganda.

• Vanuatu.

• Zambia.

• Zimbabwe.

Part IICOUNTRIES DESIGNATED UNDER SECTION 1(2) OF THE VISITING FORCES ACT 1952

• Albania.

• Armenia.

• Austria.

• Azerbaijan.

• Belarus.

• Belgium.

• Bulgaria.

• The Czech Republic.

• Denmark.

• Estonia.

• Finland.

• France.

• Georgia.

• Germany.

• Greece.

• Hungary.

• Italy.

• Latvia.

• Lithuania.

• Luxembourg.

• Kazakhstan.

• Kyrgyzstan.

• The Former Yugoslav Republic of Macedonia.

• Moldova.

• The Netherlands.

• Norway.

• Poland.

• Portugal.

• Romania.

• Russia.

• Slovakia.

• Slovenia.

• Spain.

• Sweden.

• Switzerland.

• Turkey.

• Turkmenistan.

• Ukraine.

• United States of America.

• Uzbekistan.

Article 3(2)

SCHEDULE 2HEADQUARTERS TO WHICH THE ORDER APPLIES

• The Headquarters of the Supreme Allied Commander Atlantic (SACLANT)

• The Supreme Headquarters Allied Powers Europe (SHAPE)

• Headquarters Allied Forces North Western Europe (AFNORTHWEST).

• Headquarters Allied Air Forces North Western Europe (AIRNORTHWEST).

• Headquarters Allied Naval Forces North Western Europe (NAVNORTHWEST).

• Headquarters Maritime Air Forces North West (MARAIRNORTHWEST).

• Headquarters Submarine Forces North West (SUBNORTHWEST).

• Headquarters Allied Forces Eastern Atlantic Area (EASTLANT).

• Headquarters Maritime Air Forces Eastern Atlantic Area (MARAIREASTLANT).

• Headquarters Submarine Forces Eastern Atlantic Area (SUBEASTLANT).

• Headquarters United Kingdom—Netherlands Amphibious Force (UKNLAF).

• Headquarters United Kingdom—Netherlands Landing Force (UKNLLF).

• The NATO Airborne Early Warning Force Headquarters and the NATO E-3A Component.

Article 5

SCHEDULE 3ENACTMENTS RELATING TO LAND

Article 6

SCHEDULE 4USE OF INTELLECTUAL PROPERTY RIGHTS

Use of registered designs

1.—(1) Subject to sub-paragraph (2), the power conferred by paragraph 1(1) of Schedule 1 to the Registered Designs Act 1949(2) on a government department, or person authorised in writing by a government department, in relation to the use of registered designs for the services of the Crown shall be exercisable for the purposes of a visiting force or headquarters to the extent that it would be exercisable if the visiting force or headquarters were a part of any of the home forces.

(2) Sub-paragraph (1) shall not have effect to authorise the doing in relation to a registered design of anything falling within paragraph 1(6) of Schedule 1 to the Registered Designs Act 1949.

(3) In relation to the exercise of the powers conferred by sub-paragraph (1), paragraphs 1(2) to (5) and (7) and 2 to 3 of Schedule 1 to the Registered Designs Act 1949 shall have effect with any reference in those provisions to Crown use of a registered design being construed as a reference to the use of such a design for the purposes of a visiting force or headquarters.

Use of patented inventions

2.—(1) Subject to sub-paragraph (2), the power conferred by section 55(1) of the Patents Act 1977(3) on a government department, or person authorised in writing by a government department, in relation to the use of patented inventions for the services of the Crown shall be exercisable for the purposes of a visiting force or headquarters to the extent that it would be exercisable if the visiting force or headquarters were a part of any of the home forces.

(2) Sub-paragraph (1) shall not have effect to authorise—

(a)the doing of any act falling within section 55(1)(a)(ii) or (c) of the Patents Act 1977, or

(b)the doing of anything which is for a purpose relating to the production or use of atomic energy or research into matters connected therewith.

(3) In relation to the exercise of the powers conferred by sub-paragraph (1), sections 55 to 58 of the Patents Act 1977 (apart from section 56(2) to (4)) shall have effect with any reference in those provisions to the use of a patented invention for the services of the Crown being construed as a reference to the use of such an invention for the purposes of a visiting force or headquarters.

Use of articles without the licence of the design rights owner

3.—(1) Subject to sub-paragraph (2), the power conferred by section 240(1) of the Copyright, Designs and Patents Act 1988(4) on a government department, or person authorised in writing by a government department, in relation to the use of articles without the licence of the design rights owner for the services of the Crown shall be exercisable for the purposes of a visiting force or headquarters to the extent that it would be exercisable if the visiting force or headquarters were a part of any of the home forces.

(2) Sub-paragraph (1) shall not have effect to authorise the doing of anything in relation to a design right which is for foreign defence purposes or health service purposes within the meaning of section 240(3) and (4) of the Copyright, Designs and Patents Act 1988.

(3) In relation to the exercise of the powers conferred by sub-paragraph (1), section 240(5) to (7) and sections 241 to 243 shall have effect with any reference in those provisions to Crown use of a design right being construed as a reference to the use of a design right for the purposes of a visiting force or headquarters.

Article 12(1)

SCHEDULE 5ENACTMENTS EXTENDING GENERAL CROWN PRIVILEGE TO VISITING FORCES etc.

Enactments other than those applying only in Scotland or Northern Ireland

• The Public Health Acts 1875 to 1925.

• The Celluloid and Cinematograph Film Act 1922 (c. 35).

• The Petroleum (Regulation) Acts 1928 and 1936(5).

• The Public Health Act 1936 (c. 49).

• The Import, Export and Customs Powers (Defence) Act 1939 (c. 69).

• Section 95 of the Agriculture Act 1947 (c. 48).

• Section 6(1) of the Geneva Conventions Act 1957 (c. 52).

• The Weeds Act 1959 (c. 54).

• The Public Health Act 1961 (c. 64).

• The Trade Descriptions Act 1968 (c. 29).

• The Medicines Act 1968 (c. 67).

• The Firearms Acts 1968 to 1997 (save that no exemption from those Acts shall be conferred by this Order on any person other than a member of a visiting force or a military member of a headquarters).

• The Misuse of Drugs Act 1971 (c. 38).

• The Road Traffic (Foreign Vehicles) Act 1972 (c. 27).

• The Poisons Act 1972 (c. 66).

• Sections 21 to 25 and 33 to 42 of the Health and Safety at Work etc. Act 1974 (c. 37).

• The International Carriage of Perishable Foodstuffs Act 1976 (c. 58).

• The Public Passenger Vehicles Act 1981 (c. 14).

• Section 115 of the Mental Health Act 1983 (c. 20).

• The Building Act 1984 (c. 55).

• The Weights and Measures Act 1985 (c. 72).

• Section 1 of, and Schedules 1 and 2 to, the Sunday Trading Act 1994 (c. 20).

Enactments applying only in Scotland

• The Public Health (Scotland) Acts 1897 to 1945.

• Section 35 of the Agriculture (Scotland) Act 1948 (c. 45).

• The Building (Scotland) Act 1959 (c. 24).

Enactments applying only in Northern Ireland

• The Public Health Acts (Northern Ireland) 1872 to 1962.

• Part II of the Agriculture Act (Northern Ireland) 1949 (c. 2 (N.I.)).

• Articles 23 to 27 and 31 to 39 of the Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9)).

• The Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2)) (save that no exemption shall be conferred by this Order on any person other than a member of a visiting force or a military member of a headquarters).

• Articles 3 to 6, 8 and 9 of the Shops (Sunday Trading &c.) (Northern Ireland) Order 1997 (S.I. 1997/2779 (N.I. 20)).

Article 12(2)

SCHEDULE 6ENACTMENTS CONFERRING SPECIFIC EXEMPTIONS, PRIVILEGES etc.

Article 16

SCHEDULE 7PROVISIONS RELATING TO SERVICE COURTS OF VISITING FORCES

1.—(1) This paragraph applies to any person who is not subject to—

(a)the Naval Discipline Act 1957, military law or air-force law, or

(b)the jurisdiction of the service courts and service authorities of a country in respect of which section 8 of the Visiting Forces Act 1952 has effect.

(2) For the purposes of this paragraph, a person is subject to the jurisdiction of the service courts and service authorities of a country if he falls within the description of such persons in section 2(2) of the Visiting Forces Act 1952.

2.  This paragraph applies to any person who is subject to the Naval Discipline Act 1957, military law or air-force law.

3.—(1) Where any person to whom paragraph 1 or 2 applies is required to give evidence in any proceedings before a service court, an officer of any of the home forces may summons him by issuing a witness summons.

(2) An officer shall not issue a witness summons requiring the attendance of a person falling within paragraph 1 if he considers either—

(a)that it is not reasonably practical to procure the person’s attendance; or

(b)that provision for the reasonable expenses of his attendance has not been, or will not be, made.

(3) Before issuing a witness summons, the officer shall afford the person to whom it relates an opportunity of making representations, including oral representations, with respect to whether or not the summons should be issued; and, where the person chooses to make oral representations, he may be represented at any hearing held for that purpose.

(4) A witness summons issued under this paragraph shall state—

(a)the proceedings in respect of which the summons is issued and the nature of the hearing at which the person’s attendance is required;

(b)the powers under which the summons is issued;

(c)the place at which, and the time and date on which, the person is to attend; and

(d)where the person will be required to produce any document or other thing, a description of that document or thing.

(5) A witness summons issued under this paragraph shall be served on the witness—

(a)by delivering it to him personally;

(b)by leaving it for him with a person at the witness’s usual place of abode;

(c)by post in a letter addressed to him at his last known or usual place of abode; or

(d)where paragraph 2 applies to the witness, through his commanding officer.

4.—(1) In relation to a person summoned to attend a service court by virtue of this Schedule, the relevant enactment shall (subject to sub-paragraph (2)) apply as if the service court were a court-martial and the proceedings were proceedings under the relevant Act; and any reference in that enactment to anything duly required or lawfully required, or to anything required or falling to be done under the relevant Act or any of its provisions, shall be construed accordingly.

(2) A person shall not be guilty of an offence under the relevant enactment by virtue of his refusing to answer any question or to produce any document, if he could not be required to answer such a question or produce such a document were the proceedings before such a court-martial.

(3) In this paragraph “the relevant enactment” means—

(a)in relation to a person to whom paragraph 1 applies, section 101 of the Army Act 1955 (which relates to offences by civilians in relation to courts-martial);

(b)in relation to a person to whom paragraph 2 applies by virtue of his being subject to the Naval Discipline Act 1957, section 36(1) of that Act (which relates to offences in relation to courts-martial by persons subject to that Act); and

(c)in relation to a person to whom paragraph 2 applies by virtue of his being subject to military or air-force law, section 57(1) of the Army Act 1955 or (as the case may be) of the Air Force Act 1955 (both of which relate to offences in relation to courts-martial by persons subject to military or, as the case may be, air-force law),

and “the relevant Act” means (as the case may be) the Naval Discipline Act 1957, the Army Act 1955 or the Air Force Act 1955.

5.—(1) A witness before a service court shall be entitled to the same immunities and privileges as he would be if he were a witness in proceedings before a court-martial held in pursuance of the Naval Discipline Act 1957, the Army Act 1955 or the Air Force Act 1955.

(2) Any enactment or rule of law with respect to privilege in proceedings for defamation shall apply in relation to a service court as it applies in relation to a court-martial held in pursuance of the Naval Discipline Act 1957, the Army Act 1955 or the Air Force Act 1955.

6.  In this Schedule, “military law” and “air-force law” shall be construed in accordance with the Army Act 1955 and the Air Force Act 1955 respectively.

Article 17

SCHEDULE 8CUSTODY, DETENTION AND TREATMENT OF PERSONS SENTENCED BY SERVICE COURTS OF VISITING FORCES

1.—(1) Where a person has been sentenced to any form of custody by a service court, and is being removed from the United Kingdom to another country, he may in the circumstances specified in sub-paragraph (2) be detained for a period not exceeding seven days at such establishment in the United Kingdom as may be determined in accordance with the following provisions of this Schedule.

(2) The circumstances referred to in sub-paragraph (1) are that—

(a)a written request has been made by the service authorities of the country to which the person belongs, and

(b)his temporary detention in the United Kingdom has been authorised by the Secretary of State.

2.  Where a person has been sentenced to any form of imprisonment, he may be detained in any prison or establishment in which a person sentenced to imprisonment by a court-martial under the Naval Discipline Act 1957, the Army Act 1955 or the Air Force Act 1955 may be detained, or in naval, military or air-force custody.

3.  Where, in the case of a person who is a member of a visiting force or a military member of a headquarters, he has been sentenced to any other form of custody, he may be detained in any naval, military or air-force establishment in which a person sentenced to detention by a court-martial under the Naval Discipline Act 1957, the Army Act 1955 or the Air Force Act 1955 may be detained, or in naval, military or air-force custody.

4.  The Defence Council may make arrangements with a visiting force as to the reception from, and return to, the force of persons to be detained under this Schedule.

5.  The provisions of any enactment, or of any instrument having effect under an enactment, with respect to the treatment of persons detained in prisons or other establishments mentioned in the foregoing provisions of this Schedule (including any provisions relating to unsoundness of mind) shall apply—

(a)in relation to any person detained in pursuance of this Schedule in a civil prison, as if he were a person sentenced by a court of the United Kingdom to imprisonment for the like term as the term of the sentence of the service court;

(b)in relation to a person sentenced by a service court to any form of imprisonment and detained as aforesaid in any naval, military or air-force establishment, as if he were a person sentenced by a court-martial under the Naval Discipline Act 1957, the Army Act 1955 or the Air Force Act 1955, as the case may be, to imprisonment for the same term as the term of the sentence of the service court;

(c)in relation to a person sentenced by a service court to any other form of custody and detained as aforesaid in any naval, military or air-force establishment, as if he were a person sentenced by a court-martial under the Naval Discipline Act 1957, the Army Act 1955 or the Air Force Act 1955, as the case may be, to detention for the same term as the term of the sentence of the service court.

6.—(1) The powers of arrest conferred by section 186(1) to (3) of the Army Act 1955 (“the 1955 Act”) shall in the United Kingdom be exercisable in relation to a member of a visiting force or a military member of a headquarters detained in pursuance of this Schedule, where that person is at large in circumstances in which those powers would be exercisable in relation to him if he were a member of the regular forces (within the meaning of section 225(1) of the 1955 Act).

(2) Where a member of a visiting force or a military member of a headquarters who has been detained in pursuance of this Schedule is at large in circumstances in which the powers of arrest under section 186 of that Act would be exercisable in relation to him if he were a member of the regular forces (within the meaning of section 225(1) of the 1955 Act), section 188 of the 1955 Act shall apply to him as it applies to a member of the regular forces who is illegally absent therefrom.

(3) Subject to sub-paragraph (4), sections 186(4), 187 and 190 shall apply to a person arrested in pursuance of sub-paragraph (1), and a person to whom section 188 of the 1955 Act applies by virtue of sub-paragraph (2).

(4) Sections 187 and 190 shall have effect in relation to a person to whom sub-paragraph (3) applies subject to the following modifications—

(a)in section 187(1), the reference to a person alleged to be an officer, warrant officer, non-commissioned officer or soldier of the regular forces who is absent without leave shall include a reference to a person who is alleged to be a member of a visiting force or a military member of a headquarters detained in pursuance of this Schedule;

(b)in sections 187(2) and 190(1), the words “from the regular forces” shall be omitted;

(c)in section 187(3), for the words from “and if satisfied” to “absence without leave” there shall be substituted “and if satisfied that he is a person authorised to be detained in pursuance of Schedule 8 to the Visiting Forces and International Headquarters (Application of Law) Order 1999”;

(d)there shall be substituted for section 187(4A)—

“(4A) For the purposes of any proceedings under this section, a certificate which states that a person is authorised to be detained in pursuance of Schedule 8 to the Visiting Forces and International Headquarters (Application of Law) Order 1999, and purports to be signed by an officer of any of Her Majesty’s forces, shall be evidence of the matters so stated.”; and

(e)in sections 187 and 190, any reference to military custody shall include a reference to naval or air-force custody.

Article 19

SCHEDULE 9REVOCATION OF INSTRUMENTS