Citation, commencement and extent

1. —(1) This Order may be cited as the Commonwealth Heads of Government Meeting (Immunities and Privileges) Order 2018 and comes into force on 9th March 2018.

(2) This Order extends to England and Wales.

Immunities conferred on specified persons

2. —(1) For the purposes of this Order, a person is specified as a representative of a sovereign Power (other than the United Kingdom) at the Commonwealth Heads of Government Meeting beginning on 16th April 2018 if that person is notified to the Secretary of State by the sovereign Power concerned as a member of its delegation having ministerial or other high official rank, and that person is accepted as such by the Secretary of State.

(2) A person specified in paragraph (1) shall enjoy, while exercising their functions as a representative and during their journeys to and from the place of meeting, the like immunity from suit and legal process, including immunity from personal arrest or detention, and the like inviolability of personal baggage as are accorded to the head of a diplomatic mission under the Diplomatic Privileges Act 1964( 2 ).

(3) Paragraph (2)—

(a) does not apply in so far as any immunity or privilege is waived by the Government of a sovereign Power in respect of a representative, and

(b) is without prejudice to any immunity or privilege to which a representative may otherwise be entitled.

(4) Neither paragraph (2) above nor section 6(3) of the International Organisations Act 1968 shall operate so as to confer any immunity or privilege on any person who is—

(a) a representative of the United Kingdom or a member of the official staff of such a representative,

(b) a British citizen, a British overseas territories citizen, a British Overseas citizen, a British National (Overseas), a British subject under the British Nationality Act 1981( 3 ) or a British protected person under the meaning of that Act, or

(c) permanently resident in the United Kingdom.