Statutory Instrument 2000 No. 1817

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

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     "the Convention" means the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4th November 1950[4] as amended by Protocol No 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms restructuring the control machinery established thereby[5];

     "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[6].

    (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.

(a) unless they are British citizens, British Dependent Territories citizens, British Overseas citizens, British Nationals (Overseas) or permanently resident in the United Kingdom the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes, other than customs duties and taxes on the importation of goods, and rates as are accorded to or in respect of the head of a diplomatic mission;

(b) immunity from suit and legal process in respect of words spoken or written and things done or omitted to be done by them in their official capacity;

(c) exemption from income tax in respect of the salaries and emoluments received by them;

(d) the like exemption from duties and taxes on the importation of articles imported for their personal use, including articles intended for their establishment, as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent;

(e) unless they are British citizens, British Dependent Territories citizens, British Overseas citizens, British Nationals (Overseas) or permanently resident in the United Kingdom the like exemption and privileges in respect of their personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent;

(f) unless they are British citizens, British Dependent Territories citizens, British Overseas citizens, British Nationals (Overseas) or permanently resident in the United Kingdom relief under arrangements made by the Commissioners of Customs and Excise, by way of refund of customs duty paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979[7]) or value added tax paid on the importation of such oil which is bought in the United Kingdom by or on their behalf, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements; and

(g) exemptions whereby, for the purposes of the enactments relating to national insurance and social security, including enactments in force in Northern Ireland,


(i) services rendered for the Court by them shall be deemed to be excepted from any class of employment in respect of which contributions or premiums under those enactments are payable, but

(ii) no person shall be rendered liable to pay any contribution or premium which he would not be required to pay if those services were not deemed to be so excepted.

    (2) Paragraph 1(c) of this Article shall not apply to pensions or annuities paid by the Court.

[2] Cm. 4727.back

[3] Cm. 4728.back

[4] Cmnd. 8969.back

[5] Cm. 4353.back

[6] 1964 c. 81.back

[7] 1979 c. 5.back