The Arms Control and Disarmament (Inspections) (Sovereign Base Areas of Akrotiri and Dhekelia) Order 1991

Made: 16th October 1991

Coming into force in accordance with article 1

At the Court of Saint James, the 16th day of October 1991 Present, The Counsellors of State in Council

Now, therefore, His Royal Highness The Prince Andrew, Duke of York, and His Royal Highness The Prince Edward, being authorised thereto by the said Letters Patent, and in pursuance of the powers conferred by section 6(4) of the Arms Control and Disarmament (Inspections) Act 1991[^f00001] and all other powers enabling Her Majesty, and by and with the advice of Her Majesty’s Privy Council, do on Her Majesty’s behalf order, and it is hereby ordered, as follows:—

1

This Order may be cited as the Arms Control and Disarmament (Inspections) (Sovereign Base Areas of Akrotiri and Dhekelia) Order 1991 and shall come into force on the date on which the Treaty on Conventional Armed Forces in Europe signed in Paris on 19th November 1990[^f00002] enters into force. This date will be notified in the London, Edinburgh, Belfast and Sovereign Base Areas Gazettes.

2

The provisions of sections 1 to 5 of the Arms Control and Disarmament (Inspections) Act 1991 shall extend to the Sovereign Base Areas of Akrotiri and Dhekelia (that is to say, the areas mentioned in section 2(1) of the Cyprus Act 1960[^f00003]) with the modifications that are specified in column 2 of Schedule 1 to this Order.

3

The provisions of the Vienna Convention on Diplomatic Relations of 1961[^f00004] referred to in section 5(1) and (2) of the said Act as extended to the Sovereign Base Areas of Akrotiri and Dhekelia are set out in Schedule 2 to this Order.

SCHEDULE 1

SCHEDULE 2 — PROVISIONS OF THE VIENNA CONVENTION ON DIPLOMATIC RELATIONS OF 1961 REFERRED TO IN SECTION 5(1) AND (2) OF THE ARMS CONTROL AND DISARMAMENT (INSPECTIONS) ACT 1991

ARTICLE 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.

ARTICLE 30

2

His papers, correspondence and, except as provided in paragraph 3 of Article 31, his property, shall likewise enjoy inviolability.

ARTICLE 31

1

A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of:

• (a) a real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission;

• (b) an action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State;

• (c) an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.

3

No measures of execution may be taken in respect of a diplomatic agent except in the cases coming under sub-paragraphs (a), (b) and (c) of paragraph 1 of this Article, and provided that the measures concerned can be taken without infringing the inviolability of his person or of his residence.

ARTICLE 34

A diplomatic agent shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except:

• (a) indirect taxes of a kind which are normally incorporated in the price of goods or services;

• (b) dues and taxes on private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission;

• (c) estate, succession or inheritance duties levied by the receiving State, subject to the provisions of paragraph 4 of Article 39;

• (d) dues and taxes on private income having its source in the receiving State and capital taxes on investments made in commercial undertakings in the receiving State;

• (e) charges levied for specific services rendered;

• (f) registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property, subject to the provisions of Article 23.

ARTICLE 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.

ARTICLE 36

Signed

G. I. de Deney — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order extends the provisions of sections 1 to 5 of the Arms Control and Disarmament (Inspections) Act 1991 to the Sovereign Base Areas of Akrotiri and Dhekelia, subject to the modifications specified in Schedule 1.

Footnotes

[^f00001]: 1991 c. 41.

[^f00002]: Cm. 1477.

[^f00003]: 1960 c. 52.

[^f00004]: Cm. 2565.