s.3Application of Vienna Convention
3
Section 3Part 0 —

Application of Vienna Convention

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Subject to subsections (2) to (10) and 4 (2), the provisions set out in the First Schedule (being Articles or parts of Articles of the Vienna Convention on Consular Relations signed in 1963) shall have the force of law in the Islands and shall, for that purpose, be construed in accordance with subsections (2) to (10).
In those provisions —
“authorities of the receiving State” shall be construed as including any constable and any person exercising a power of entry to any premises under any enactment;
“grave crime” shall be construed as meaning any offence punishable (on first conviction) with imprisonment for a term that may extend to five years or with a more severe sentence;
“Ministry of Foreign Affairs” shall be construed as meaning the Department of the Secretary of State concerned;
“national of the receiving State” shall be construed as meaning a British Citizen, a British Dependant Territories Citizen, a British Overseas Citizen, a British subject or a British protected person within the meaning of the British Nationality Act, 1981 of the United Kingdom [U.K. Act 1981 c.61].
The reference in paragraph 2 of Article 17 to any privileges and immunities accorded by customary international law or by international agreements shall be construed as a reference to any privileges and immunities conferred under the International Organisations Act 1968 of the United Kingdom [U.K. Act 1968 c. 48].
The references in Article 44 to matters connected with the exercise of the functions of members of a consular post shall be construed as references to matters connected with the exercise of consular functions by consular officers or consular employees.
For the purposes of Article 45 and that Article as applied by Article 58, a waiver shall be deemed to have been expressed by a State if it has been expressed by the head, or any person for the time being performing the functions of head, of the diplomatic mission of that State or, if there is no such mission, of the consular post concerned.
Article 48 shall not effect any agreement made between the Islands and any other State before the 17th July, 1969 and shall not be taken to prevent the making of any such agreement after such date.
Articles 50, 51, 52, 54, 62 and 67 shall be construed as granting any privilege or immunity which they require to be granted.
The reference in Article 57 to the privileges and immunities provided in Chapter II shall be construed as referring to those provided in Section II of that chapter.
The reference in Article 70 to the rules of international law concerning diplomatic relations shall be construed as a reference to section 2(1) and Part II of the Diplomatic Privileges and Immunities Law (1997 Revision).
The references in Article 71 to additional privileges and immunities that may be granted by the receiving State or privileges and immunities so far as these are granted by the receiving State shall be construed as referring to such privileges and immunities as may be specified by the Governor by regulation.

Defined Terms

authorities of the receiving Stategrave crimeMinistry of Foreign Affairsnational of the receiving State

Cross References