The State Immunity Act 1978 (Remedial) Order 2023

• Citation: S.I. 2023/112
• Sections: 6

Section 1 Citation, commencement, extent and application

(1) This Order may be cited as the State Immunity Act 1978 (Remedial) Order 2023 and comes into force 21 days after the day on which this Order is made.

(2) This Order extends to England and Wales, Scotland and Northern Ireland.

(3) This Order applies in relation to proceedings in respect of a cause of action that arose on or after 18 October 2017 (whether those proceedings were initiated before, on or after the day on which this Order is made).

Section 2 Amendments of the State Immunity Act 1978

The State Immunity Act 1978 is amended as follows.

Section 3 Amendments of the State Immunity Act 1978

In section 4 (State not immune as respects proceedings relating to certain contracts of employment)—

(a) in subsection (2) (exceptions) in paragraph (b) at the beginning insert “the State concerned is a party to the European Convention on State Immunity and” , and

(b) omit subsection (6).

Section 4 Amendments of the State Immunity Act 1978

(1) Section 13 (other procedural privileges) is amended as follows.

(2) After subsection (2) insert—

(2A) Subject to subsection (3) below—

(a) where, on a complaint under section 111 of the Employment Rights Act 1996 , an employment tribunal finds that a member of the staff of a diplomatic mission or a member of the consular staff of a consular post was unfairly dismissed, relief shall not be given against the State concerned by way of an order under section 113 of that Act; and

(b) where, on a complaint under Article 145 of the Employment Rights (Northern Ireland) Order 1996 , an industrial tribunal finds that a member of the staff of a diplomatic mission or a member of the consular staff of a consular post was unfairly dismissed, relief shall not be given against the State concerned by way of an order under Article 147 of that Order.

(3) In subsection (3) for “Subsection (2) above does” substitute “Subsections (2) and (2A) above do” .

(4) After subsection (6) insert—

(7) In subsection (2A) above—

“ member of the consular staff of a consular post ” is to be construed in accordance with Article 1(h) of the Vienna Convention on Consular Relations done at Vienna on 24 April 1963; and

“ member of the staff of a diplomatic mission ” is to be construed in accordance with Article 1(c) of the Vienna Convention on Diplomatic Relations done at Vienna on 18 April 1961.

Section 5 Amendments of the State Immunity Act 1978

(1) Section 16 (excluded matters) is amended as follows.

(2) In subsection (1) for paragraph (a) substitute—

(a) section 4 above does not apply to proceedings relating to a contract of employment between a State and an individual if the individual is or was employed under the contract as a diplomatic agent or consular officer;

(aa) section 4 above does not apply to proceedings relating to a contract of employment between a State and an individual if the individual is or was employed under the contract as a member of a diplomatic mission (other than a diplomatic agent) or as a member of a consular post (other than a consular officer) and either—

(i) the State entered into the contract in the exercise of sovereign authority; or

(ii) the State engaged in the conduct complained of in the exercise of sovereign authority;

(3) After subsection (1) insert—

(1A) In subsection (1)—

“ consular officer ” is to be construed in accordance with Article 1(d) of the Vienna Convention on Consular Relations done at Vienna on 24 April 1963;

“ diplomatic agent ” is to be construed in accordance with Article 1(e) of the Vienna Convention on Diplomatic Relations done at Vienna on 18 April 1961;

“ member of a consular post ” is to be construed in accordance with Article 1(g) of the Vienna Convention on Consular Relations done at Vienna on 24 April 1963;

“ member of a diplomatic mission ” is to be construed in accordance with Article 1(b) of the Vienna Convention on Diplomatic Relations done at Vienna on 18 April 1961.

Section 6 Amendments of the State Immunity Act 1978

In section 17 (interpretation of Part 1) after subsection (4) insert—

(4A) In sections 4 and 16(1) above references to proceedings relating to a contract of employment include references to proceedings between the parties to such a contract in respect of any statutory rights or duties to which they are entitled or subject as employer or employee.