General immunity from jurisdiction

1:--

(1) A State is immune from the jurisdiction of the Courts of the United Kingdom except as provided in the following provisions of this Part of this Act.

(2) A court shall give effect to the immunity conferred by this section even though the State does not appear in the proceedings in question.

2 Submission to jurisdiction

(1) A State is not immune as respects proceedings in respect of which it has: submitted to the jurisdiction of the courts of the United Kingdom.

(2) A State may submit after the dispute giving rise to the proceedings has arisen or by a prior written agreement; but a provision in any agreement that it is to be governed by the law of the United Kingdom is not to be regarded as a submission.

(3) A State is deemed to have submitted-

(a) if it has instituted the proceedings; or

(b) subject to subsections (4) and (5) below, if it has intervened or taken any step in the proceedings.

(4) Subsection (3)(b) above does not apply to intervention or any step taken for the purpose only of -

(a) claiming immunity; or

(b) asserting an interest in property in circumstances such that the State would have been entitled to immunity if the proceedings had been brought against it

(5) Subsection (3)(b) above does not apply to any step taken by the State in ignorance of facts entitling it to immunity if those facts could not reasonably have been ascertained and immunity is claimed as soon as reasonably practicable.

(6) A submission in respect of any proceedings extends to any appeal but not to any counter-claim unless it arises out of the same legal relationship or facts as the claim.

(7) The head of a State's diplomatic mission in the United Kingdom, or the person for the time being performing his functions, shall be deemed to have authority to submit on behalf of the State in respect of any proceedings; and any person who has entered into a contract on behalf of and with the authority.- of a State shall be deemed to have authority to submit on its behalf in respect of proceedings arising out of the contract.

3

(1) A state is not immune as respects proceedings relating to-

(a) a commercial transaction entered into by the state; or

(b)an obligation of the state which by virtue of a contract (whether a commercial transaction or not) falls to be performed wholly or partly in the United Kingdom

. .

(3) In this section "commercial transaction" means

(a) any contract for the supply of goods or services;

(b) any loan or other transaction for the provision of finance and any guarantee or indemnity in respect of any such transaction or of any other financial obligation; and

(c) any other transaction or activity (whether of a commercial, industrial, financial, professional or other similar character) into which a state enters or in which it engages otherwise than in the exercise of sovereign authority;

but neither paragraph of subsection (1) above applies to a contract of employment between a state and an individual.

4:--

(1) A State is not immune as respects proceedings relating to a contract of employment between the State and an individual where the contract was made in the United Kingdom or the work was wholly or partly performed there.

(2) Subject to subsections (3) and (4) below, this section does not apply if - (a) at the time when the proceedings are brought the individual is a national of the State concerned; or (b) at the time when the contract was made the individual was neither a national of the United Kingdom nor habitually resident there; or (c) the parties to the contract have otherwise agreed in writing . . .

(3) Where the work is for an office, agency or establishment maintained by the State in the United Kingdom for commercial purposes, subsection (2)(a) and (b) above do not exclude the application of this section unless the individual was, at the time when the contract was made, habitually resident in that State.

States entitled to immunities and privileges

14:--

The immunities and privileges conferred by this part of this Act apply to any foreign or commonwealth state, other than the United Kingdom and references to a state include references to

(a) the Sovereign or other Head of that State in his public capacity.

(b) The government of that State and

(c) any department of that government

but not to any entity hereafter referred to as a separate entity, which is distinct from the executive organs of the government of the state and capable of suing or being sued.

(2) A separate entity is immune from the jurisdiction of the courts of the United Kingdom if, and only if -

(a) the proceedings relate to anything done by it in the exercise of sovereign authority; .

(5) This section applies to the sovereign or other head of any State on which immunities and privileges are conferred by Part I of this Act and is without prejudice to the application of that Part to any such sovereign or head of State in his public capacity.

16:-

(1) This Part of this Act does not affect any immunity or privilege conferred by the Diplomatic Privileges Act 1964. . . .

(a) Section 4 above does not apply to proceedings concerning the employment of the members of a mission within the meaning of the convention scheduled to the said Act of 1964...

(2) This Part of this Act does not apply to proceedings relating to anything done by or in relation to the armed forces of a state whilst present in the United Kingdom and, in particular, has effect subject to the Visiting Forces Act 1952.

. . .

(4)This Part of this Act does not apply to criminal proceedings.

Heads of State

20

(1) subject to the provisions of this section and to any necessary modifications, the Diplomatic Privileges Act 1964 shall apply to

(a) A sovereign or other head of State;

(b) members of his family forming part of his household; and

(c) his private servants,

as it applies to the head of a diplomatic mission, to members of his family forming part of his household and to his private servants.

. . .

(5) This section applies to the sovereign or other head of any State on which immunities and privileges are conferred by Part I of this Act and is without prejudice to the application of that Part to any such sovereign or head of State in his public capacity.