Statutory Instrument 1993 No. 2669

The Treaty on Open Skies (Privileges and Immunities) (Guernsey) Order 1993

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1993 No. 2669

INTERNATIONAL IMMUNITIES AND PRIVILEGES

The Treaty on Open Skies (Privileges and Immunities) (Guernsey) Order 1993

At the Court at Buckingham Palace, the 27th day of October 1993

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, by virtue and in exercise of the powers conferred on Her by section 1(2) of the Arms Control and Disarmament (Privileges and Immunities) Act 1988^[1] as extended to the Bailiwick of Guernsey by the Arms Control and Disarmament (Privileges and Immunities) Act 1988 (Guernsey) Order 1993^[2], or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

    1.—(1)  This Order may be cited as the Treaty on Open Skies (Privileges and Immunities) (Guernsey) Order 1993. It shall come into force on the date of the entry into force of the Treaty on Open Skies, opened for signature at Helsinki on the twenty-fourth of March 1992^[3] (hereinafter referred to as the Treaty). This date will be notified in the London, Edinburgh and Belfast Gazettes.

    (2)  In this Order-
"the 1961 Convention Articles" means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) set out in Schedule 1 to the Diplomatic Privileges Act 1964^[4] certain provisions of which are for ease of reference set out in the Schedule to this Order;
"the Bailiwick" means the Bailiwick of Guernsey;
"designated person" means a person designated by a State other than the United Kingdom pursuant to Article XIII, section I, paragraph 1 of the Treaty for the purpose of carrying out duties relating to the conduct of observation flights pursuant to the Treaty for that State, but shall not include a person declared unacceptable under the circumstances provided for in Article XIII, section I, paragraph 2 of the Treaty.

    2.—(1)  Designated persons shall in the Bailiwick enjoy the same privileges and immunities as are enjoyed in the United Kingdom by diplomatic agents in accordance with the following provisions of the 1961 Convention Articles, namely-
 (a) Article 29;
 (b) paragraph 2 of Article 30;
 (c) paragraphs 1, 2 and 3 of Article 31; and
 (d) Articles 34 and 35.

    (2)  Such persons shall, in addition, enjoy in the Bailiwick the same privileges as are enjoyed in the United Kingdom by diplomatic agents in accordance with paragraph 1(b) of Article 36 of the 1961 Convention Articles, except in relation to articles the import or export of which is prohibited by law or controlled by quarantine regulations.

    (3)  Subject to paragraph (5) of this article, the privileges and immunities accorded to designated persons by virtue of paragraphs (1) and (2) of this article shall be enjoyed by them in the Bailiwick for the period between their arrival in the Bailiwick for the purpose of carrying out duties relating to the conduct of observation flights and their departure from the Bailiwick and thereafter with respect to acts previously performed in the exercise of their official functions as designated persons.

    (4)  Such personnel shall, in addition, enjoy in the Bailiwick the same privileges and immunities as are enjoyed in the United Kingdom by diplomatic agents in accordance with paragraph 1 of Article 40 of the 1961 Convention Articles at any time when they are in the Bailiwick while in transit to or from the territory of any State for the purpose of carrying out duties relating to the conduct of observation flights.

    (5)  The immunity from jurisdiction enjoyed by a designated person by virtue of paragraph (1)(c) of this article shall cease to be so enjoyed if expressly waived by the State of which he is a national.

    (6)  The means of transport of the designated persons in the Bailiwick shall be accorded the same inviolability as is accorded in the United Kingdom to the means of transport of a mission in accordance with Article 22(3) of the 1961 Convention Articles.

N.H. Nicholls

Clerk of the Privy Council

[1] 1988 c. 2. back

[2] S.I. 1993/ back

[3] Cm 2067. back

[4] 1964 c. 81. back

Explanatory Note