The European Court of Human Rights (Immunities and Privileges) (Amendment) Order 2005

• Citation: S.I. 2005/3425
• Sections: 2

Section 1

This Order may be cited as the European Court of Human Rights (Immunities and Privileges) (Amendment) Order 2005 and shall come into force on 2nd January 2006.

Section 2

After article 4 of The European Court of Human Rights (Immunities and Privileges) Order 2000 there shall be inserted—

(4A)

(1) Except in so far as in any particular case any privilege or immunity is waived by the Court sitting in plenary session, spouses and minor children of judges of the Court shall enjoy—

(a) 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) 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;

(c) 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;

(d) relief, under arrangements made by the Commissioners for Her Majesty’s Revenue and Customs, by way of refund of duty (whether of customs or excise) paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979 ) 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.

(2) This article shall not apply to any person who is a British citizen, British Overseas territories citizen, British Overseas citizen or British National (Overseas).