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The European Court of Human Rights (Immunities and Privileges) Order 2000

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PART IGENERAL

1.—(1) This Order may be cited as the European Court of Human Rights (Immunities and Privileges) Order 2000.

(2) Parts I and II of this Order shall come into force on the date on which the Sixth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe done at Strasbourg on 5th March 1996(1) enters into force with respect to the United Kingdom. Part III of this Order shall come into force on the date on which the European Agreement relating to Persons Participating in Proceedings of the European Court of Human Rights done at Strasbourg on 5th March 1996(2) enters into force with respect to the United Kingdom. These dates shall be notified in the London, Edinburgh and Belfast Gazettes.

2.—(1) In this Order—

“the Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4th November 1950(3) as amended by Protocol No 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms restructuring the control machinery established thereby(4);

“the Committee of Ministers” means the Committee of Ministers of the Council of Europe when exercising its functions under Article 46(2) of the Convention;

“the Court” means the European Court of Human Rights established by Article 19 of the Convention or any Chamber, judge or judges of the Court carrying out their duties under the terms of the Convention or the rules of the Court;

“judges of the Court” means judges elected under Article 22 or appointed under Article 27 of the Convention;

“persons participating in proceedings” means—

(a)

any persons taking part in proceedings instituted before the Court as parties, their representatives and advisors.

(b)

witnesses and experts called upon by the Court and other persons invited by the President of the Court to take part in proceedings.

(c)

any person mentioned in sub-paragraph (a) or (b) of this paragraph who is called upon to appear before or to submit written statements to the Committee of Ministers;

“the 1961 Convention Articles” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964(5).

(2) For the purposes of this Order any petition, complaint or other communication which, with a view to action to be taken by or before the Court—

(a)is made to the Court, or

(b)is made to a person through whom, in accordance with the constitution, rules or practice of the Court, such a communication can be received,

shall be deemed to be proceedings before the Court, and the person making any such communication shall be deemed to be a party to such proceedings.

(1)

Cm. 4727.

(2)

Cm. 4728.

(3)

Cmnd. 8969.

(4)

Cm. 4353.

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