Select Committee on Defence Fourth Report



ANNEX A

Summary of the Draft Visiting Forces and International Headquarters (Application of Law) Order 1999

ARTICLE 3 - VISITING FORCES AND HEADQUARTERS TO WHICH THE ORDER APPLIES

1.  Article 3 provides for the Order to apply to:

    —  the visiting forces of those Commonwealth, NATO and Partnership for Peace (PfP) countries listed in Parts 1 and 2 of Schedule 1; and Partnership for Peace (PfP) countries listed in Schedule 1;

    —  the international (NATO) Headquarters listed in Schedule 2.

2.   Although all PfP countries are listed at Part 2 of Schedule 1, the draft Order will only apply to a Partner country once it becomes a party to the PfP SOFA. At that point reciprocal benefits will become available to our forces when exercising in the country concerned; and the benefits of this Order will automatically extend to their forces in the UK.

ARTICLE 4 - PROVISION OF SUPPLIES

3.  Article 4 extends to visiting forces and headquarters the Government's powers to acquire, produce or process articles required for the public service. The Article is particularly relevant to those visiting forces here temporarily (for example, from PfP countries), who may for convenience prefer us to supply them with certain items, in the same way as UK forces may be supplied.

ARTICLE 5 - EXERCISE OF POWERS BY THE SECRETARY OF STATE IN RELATION TO LAND

4.  Article 5 and Schedule 3 extends the Government's powers to acquire, use and dispose of land required for the UK forces, to include land required for the purposes of visiting forces and headquarters. It enables the UK to meet certain host nation responsibilities under the NATO SOFA.

5.  The Article is particularly relevant to the US visiting force on whose behalf MoD manages, and periodically acquires, land.

ARTICLE 6 - USE OF INTELLECTUAL PROPERTY RIGHTS

6.   Article 6 and Schedule 4 enables the UK Government to use, or authorise the use of, patented inventions and designs for the purposes of a visiting force and headquarters, in the same way that such use can be authorised for the services of the Crown. Any such powers would be exercised by MoD on behalf of the visiting force or headquarters. The Article does not allow them to use these powers directly themselves.

ARTICLE 7 - WIRELESS TELEGRAPHY, POSTAL SERVICE, AND TELECOMMUNICATION SYSTEMS

7.  Article 7 enables the UK Government to agree with a visiting force or headquarters that they may operate radio and telecommunication equipment without a licence; and send and convey letters in the UK irrespective of the exclusive privileges of the Post Office. The UK Government may also agree to exempt visiting forces and headquarters from certain of the controls imposed by the Wireless Telegraphy Act 1949 on electro-magnetic interference.

8.  These provisions are important for the day to day operation of the US visiting force in the UK. They are also more widely relevant to visiting forces here temporarily, for example by permitting the operation of radio equipment during exercises without the need to obtain a licence.

ARTICLE 8 - ROAD VEHICLES

9.   Article 8 confers on drivers and vehicles in the service of a visiting force or headquarters certain exemptions from Road Traffic legislation that are enjoyed by drivers and vehicles in the service of the home forces. Similar provisions were included in the 1965 Order and include, for example, the regulation of drivers' hours, inspection of vehicles, and the requirement for compulsory insurance.

10.  These concessions to visiting forces are well established, and ensure that visiting forces and headquarters vehicles can be operated in the UK under the same conditions as UK forces' vehicles. Under normal operating conditions regulations concerning, for example, drivers hours are adhered to as a matter of policy; and visiting forces are expected to behave similarly.

ARTICLE 9 - ROAD VEHICLES (NORTHERN IRELAND)

11.  Article 9 confers similar privileges in Northern Ireland, as apply in the rest of the UK under the provisions of Article 8.

ARTICLE 10 - EXEMPTION FROM HARBOUR DUES

12.   Article 10 extends to visiting forces, headquarters, and their vessels any exemptions immunities and privileges that apply to members of the UK forces and their vessels in respect of payment of harbour dues etc. However, any agreement made on behalf of the Crown for UK forces to pay harbour dues etc would also apply to visiting forces and headquarters.

ARTICLE 11 - TOWN AND COUNTRY PLANNING

13.  Article 11 puts visiting forces and headquarters on the same basis as the Crown in respect of planning legislation. A similar provision was included in the 1965 Order.

14.  In practice, development on land used by visiting forces or headquarters is dealt with as if it were MoD land. Although generally exempt from planning legislation, it is MoD policy to act as if it is bound; notifying the local planning authority of any proposed development and taking account of their views. This policy applies equally to land used by visiting forces and headquarters.

ARTICLE 12 - MISCELLANEOUS EXEMPTIONS, IMMUNITIES, AND PRIVILEGES

15.  Article 12 secures for visiting forces and headquarters exemptions, immunities and privileges from certain legislation, as if they were part of the UK forces.

16.  UK forces may enjoy exemptions and privileges from UK legislation as a result of:

    (a)  The rule of law whereby legislation does not bind the Crown (Crown privilege) other than by express provision or necessary implication.
    Crown (general Crown privilege); or

    (b)  Specific provision in respect of the UK forces, which is contained in particular legislation.

17.   Article 12(1) provides for visiting forces or headquarters to be exempt from the statutes listed in Schedule 5 to the extent that, were they part of the UK forces, they would be exempt through general Crown privilege.

18.  The provisions listed in Schedule 6 confer specific privileges, exemptions and immunities on members of the UK armed forces. Article 12(2) modifies these so that they also apply to visiting forces and headquarters.

ARTICLE 13 - APPLICATION OF FACTORIES ACTS

19.  Generally, the 1961 Act binds the Crown, but powers exist to disapply certain provisions in an emergency. The effect of Article 13 is to extend these powers to premises occupied by visiting forces and headquarters. It also ensures that any factories belonging to a visiting force or headquarters, or building or engineering work undertaken by them, are not exempt from the Factories Acts merely because they are not operated as a trading concern, or for profit.

ARTICLE 14 - NOTIFICATION OF DISEASES

20.   Article 14 places an obligation on medical officers in the service of a visiting force or headquarters to report to the local authority any notifiable disease or food poisoning, in the same way as if he was a registered UK medical practitioner attached to the UK forces.

ARTICLE 15 - APPLICATION OF CLEAN AIR LEGISLATION

21.  Article 15 places headquarters on the same footing as premises occupied by Government, for the purposes of Clean Air legislation. The Clean Air Act 1993 already makes provision to treat visiting forces' premises on this basis (but omitted reference to Headquarters).

22.  The Article thus brings headquarters within the scope of arrangements applying to the Crown and visiting forces, whereby local authorities report any emission of smoke which appears to cause a nuisance rather than taking enforcement action themselves.

ARTICLES 16; 17 and 18 - JURISDICTION

23.  These Articles supplement the jurisdictional provisions of the Visiting Forces Act 1952 under which service authorities of a visiting force and its service courts are entitled to try their own personnel in the UK under their own service law. They include:  

    (a)  Article 16 that, together with Schedule 7, provides for the summoning of witnesses to attend service courts of visiting forces.

    (b)  Article 17 that, together with Schedule 8, allows persons sentenced to imprisonment or detention by service courts to be detained temporarily in UK establishments.

    (c)  Article 18 which extends the provision in the Army Act 1955, under which it is an offence to induce or assist desertion from any of the regular UK military forces, so that it also applies to inducing or assisting desertion from a visiting force.

Ministry of Defence

6 April 1999


 
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