Diplomatic Privileges Act 1964
1964 c.81An Act to amend the law on diplomatic privileges and immunities by giving effect to the Vienna Convention on Diplomatic Relations; and for purposes connected therewith.
1 Replacement of existing law. C3¶
The following provisions of this Act shall, with respect to the matters dealt with therein, have effect in substitution for any previous enactment or rule of law.2 Application of Vienna Convention.¶
- “agents of the receiving State” shall be construed as including any constable and any person exercising a power of entry to any premises under any enactment (including any enactment of the Parliament of Northern Ireland);
- “national of the receiving State” shall be construed as meaning citizen of the United Kingdom and Colonies;
- “Ministry for Foreign Affairs or such other ministry as may be agreed” shall be construed as meaning the department of the Secretary of State concerned;
3 Restriction of privileges and immunities.¶
4 Evidence.¶
If in any proceedings any question arises whether or not any person is entitled to any privilege or immunity under this Act 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 Consequential amendments.¶
6 Orders in Council.¶
7 Saving for certain bilateral arrangements.¶
8 Short title, interpretation, commencement, repeal and saving.¶
SCHEDULES
C29C30C31SCHEDULE 1 ¶
ARTICLES OF VIENNA CONVENTION HAVING THE FORCE OF LAW IN THE UNITED KINGDOM
Section 2.
Article 1 ¶
For the purpose of the present Convention, the following expressions shall have the meanings hereunder assigned to them:
C6Article 22 ¶
Article 23 ¶
Article 24 ¶
The archives and documents of the mission shall be inviolable at any time and wherever they may be.
C7Article 27 ¶
Article 28 ¶
The fees and charges levied by the mission in the course of its official duties shall be exempt from all dues and taxes.
C8C9C10C11Article 29 ¶
The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity.
C14C15Article 30 ¶
C22C23Article 31 ¶
Article 32 ¶
Article 33 ¶
C25Article 34 ¶
C24A diplomatic agent shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except:
C26Article 35 ¶
The receiving State shall exempt diplomatic agents from all personal services, from all public service of any kind whatsoever, and from military obligations such as those connected with requisitioning, military contributions and billeting.
C27Article 36 ¶
Article 37 ¶
C28Article 38 ¶
Article 39 ¶
Article 40 ¶
Article 45 ¶
If diplomatic relations are broken off between two States, or if a mission is permanently or temporarily recalled:
(a) the receiving State must, even in case of armed conflict, respect and protect the premises of the mission, together with its property and archives;
(b) the sending State may entrust the custody of the premises of the mission, together with its property and archives, to a third State acceptable to the receiving State;
(c) the sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the receiving State.
F13F13SCHEDULE 2 ¶
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
Footnotes
- C1Act extended by State Immunity Act 1978 (c. 33), s. 20 and Arms Control and Disarmament (Privileges and Immunities) Act 1988 (c. 2, SIF 68:1), s. 1(1)
- I1Act not in force at Royal Assent see s. 8(3); Act wholly in force at 1.10.1964
- C2Act applied by S.I 1991/1704, art. 2, 3Act applied (6.3.1992 with effect as mentioned in s. 289(1)(2) of the amending Act) by Taxation of Chargeable Gains Act 1992 (c. 12), s. 11(2)(3)(4) (with ss. 60, 101(1), 201(3)).
- C3S. 1 extended by S.I. 1985/1983, arts. 3–7, 10, 12
- F1Words substituted (prosp. as to words “or premiums” and “or premium”) by Social Security Act 1973 (c. 38), Sch. 27 para. 24, S.I. 1974/164, art. 2(1), Sch. 1 and S.I. 1974/823, art. 2(4)(a)(b)(iii), Sch.
- F2Words repealed by Social Security (Consequential Provisions) Act 1975 (c. 18), Sch. 1 Pt. I
- F3S. 2(5A) inserted by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), s. 177(1), Sch. 4 para. 3
- F4Words in s. 2(5A) inserted (1.1.1993) by Finance (No. 2) Act 1992 (c. 48), s. 14(2), Sch. 3 para. 87; S.I. 1992/3261, art. 3, Sch.
- F5Words in s. 2(5A) substituted (1.9.1994) by 1994 c. 23, ss. 100(1), 101(1), Sch. 14 para. 1
- C4S. 3(1) amended by Diplomatic and other Privileges Act 1971 (c. 64), s. 1(3)
- F6S. 3(2) substituted by British Nationality Act 1981 (c. 61, SIF 87), s. 52(6), Sch. 7
- M11971 c.77 (62).
- F7S. 5(1) repealed by Immigration Act 1971 (c. 77), Sch. 6.
- F8S. 5(2) repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 52(8), Sch. 9
- F9Words substituted by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), s. 177(1), Sch. 4 para. 12
- F10S. 8(2) repealed by Zimbabwe Act 1979 (c. 60, SIF 26:39), s. 6(3), Sch. 3
- C51.10.1964 appointed under s. 8(3) by S.I. 1964/1400
- F11S. 8(4), Sch. 2 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI.
- M21955 c. 21.
- C6Power to extend art. 22 conferred by Consular Relations Act 1968 (c. 18), Sch. 2 para. 5
- C7Power to extend art. 27 conferred by Consular Relations Act 1968 (c. 18), Sch. 2 para. 6
- C8Power to extend art. 29 conferred by Consular Relations Act 1968 (c. 18), Sch. 2 para. 4
- C9Art. 29 extended with modifications by S.I. 1984/1978, art. 2(1)(a)(b)(2)
- C10Sch. 1 art. 29 applied (17.7.1992) by Arms Control and Disarmament (Inspections) Act 1991 (c. 41, SIF 68:1), s. 5(1)(a); S.I. 1992/1750, art.2
- C11Sch. 1 art. 29 applied (prosp) by 1998 c. 7, ss. 8(1)(a), 15(1) (with s. 14)
- C12Art. 30 para. 1 extended by S.I. 1984/1978, art. 6(2)
- C13Sch. 1 art. 30 para. 2 applied (17.7.1992) by Arms Control and Disarmament (Inspections) Act 1991 (c. 41, SIF 68:1), s. 5(1)(b); S.I. 1992/1750, art.2
- C14Power to extend art. 30 para. 1 conferred by Consular Relations Act 1968 (c. 18), Sch. 2 para. 5
- C15Sch. 1 art. 30(1)(2) applied (prosp) by 1998 c. 7, ss. 8(1)(b), 15(1) (with s. 14)
- C16Art. 31 para. 1 extended with modifications by S.I. 1984/1978, art. 2(1)(c)(d)(2)
- C17Sch. 1 art. 31 para. 1 applied (17.7.1992) by Arms Control and Disarmament (Inspections) Act 1991 (c. 41, SIF 68:1), s. 5(1)(c); S.I. 1992/1750, art.2
- C18Art. 31 paras. 2, 3 extended with modifications by S.I. 1984/1978, art. 2(1)(e)(f)(2).
- C19Sch. 1 art. 31 para. 2 applied (17.7.1992) by Arms Control and Disarmament (Inspections) Act 1991 (c. 41, SIF 68:1), s. 5(1)(c); S.I. 1992/1750, art.2
- C20Art. 31 paras. 2, 3 extended with modifications by S.I. 1984/1978, art. 2(1)(e)(f)(2).
- C21Sch. 1 art. 31 para. 3 applied (17.7.1992) by Arms Control and Disarmament (Inspections) Act 1991 (c. 41, SIF 68:1), s. 5(1)(c); S.I. 1992/1750, art.2
- C22Power to extend art. 31 conferred by Consular Relations Act 1968 (c. 18), Sch. 2 para. 4
- C23Sch. 1 art. 31(1)-(3) applied (prosp) by 1998 c. 7, ss. 8(1)(c), 15(1) (with s. 14)
- C24Sch. 1 art. 34 applied (17.7.1992) by Arms Control and Disarmament (Inspections) Act 1991 (c. 41, SIF 68:1), s. 5(1)(d); S.I. 1992/1750, art.2
- C25Sch. 1 art. 34 applied (prosp.) by 1998 c. 7, ss. 8(1)(d), 15(1) (with s. 14)
- C26Sch. 1 art. 35 applied (17.7.1992) by Arms Control and Disarmament (Inspections) Act 1991 (c. 41, SIF 68:1), s. 5(1)(d); S.I. 1992/1750, art.2
- C27Sch. 1 art. 36(1)(b) applied (with modifications) (prosp) by 1998 c. 7, ss. 8(2), 15(1) (with s. 14)
- C28Art. 38 modified by S.I. 1964/2043.
- F12Art. 45 inserted by Diplomatic and Consular Premises Act 1987 (c. 46, SIF 68:1), s. 6, Sch. 2 para. 1
- C29Sch. 1 extended by Hong Kong Act 1985 (c. 15, SIF 26:16A), s. 2(2), Sch. para. 4 and Arms Control and Disarmament (Privileges and Immunities) Act 1988 (c. 2, SIF 68:1), s. 1(1)
- C30Sch. 1 applied (19.3.1997) by 1997 c. 28, s. 28(2)(3)(7)
- C31Sch. 1 applied (1.3.1999) by 1998 c. 33, s. 15(5) (with s. 28); S.I. 1999/448, art. 2
- F13S. 8(4), Sch. 2 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI.
- C32Act applied by 1992 c. 12, s. 271ZB (as inserted (with effect in accordance with Sch. 1 paras. 120, 123 of the amending Act) by Finance Act 2019 (c. 1), Sch. 1 para. 9)
- C33S. 2(5A) applied (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by 1994 c. 23, Sch. 9ZA para. 75(1)(a) (as inserted by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 2 para. 2 (with s. 3(4), Sch. 2 para. 7(7)-(10)); S.I. 2020/1642, reg. 9)
- F14Word in s. 2(5A) substituted (31.12.2020) by Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(3), Sch. 8 para. 100(a) (with savings and transitional provisions in S.I. 2019/105 (as amended by S.I. 2020/1495, regs. 1(2), 21), S.I. 2020/1545, Pt. 4 and 2020 c. 26, Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 4(b) (with reg. 7)
- F15Words in s. 2(5A) substituted (31.12.2020) by Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(3), Sch. 8 para. 100(b) (with savings and transitional provisions in S.I. 2019/105 (as amended by S.I. 2020/1495, regs. 1(2), 21), S.I. 2020/1545, Pt. 4 and 2020 c. 26, Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 4(b) (with reg. 7)