OpenLegislation

Article 8 Immunity of the Bank

Original text. Later amendments are not shown.

(1)

Subject to paragraph (2), the Bank shall have immunity from suit and legal process except to the extent that it shall have expressly waived such immunity.

(2)

The immunity of the Bank under paragraph (1) does not apply in respect of any civil action arising out of, or in connection with, the exercise of its powers to raise funds, borrow money, guarantee obligations or buy, sell, or underwrite the sale of securities if the Bank has in the United Kingdom:

(a)

established an office;

(b)

appointed an agent for the purpose of accepting service of process; or

(c)

issued or guaranteed securities.

(3)

The property and assets of the Bank, wherever they may be located and by whomsoever they may be held, shall be immune from suit and legal process, except to the extent that the Bank shall have expressly waived such immunity, in respect of:

(a)

all forms of seizure, attachment or execution before final judgment against the Bank; and

(b)

search, requisition, confiscation, expropriation, or any other form of taking or foreclosure by the executive or pursuant to legislation.

(4)

Nothing in paragraph (2) permits any action against the Bank by any member of the Bank or by a person acting on behalf of any member of the Bank.