OpenLegislation

Article 3 Immunity from jurisdiction

Original text. Later amendments are not shown.

(1)

Within the scope of its Official Activities, the EFI has immunity from suit and legal process.

(2)

Paragraph (1) does not apply in the following cases—

(a)

where the EFI has expressly waived such immunity in a particular case;

(b)

a road traffic offence involving a motor vehicle belonging to the EFI or operated on its behalf;

(c)

a civil claim for damages resulting from an accident caused by a motor vehicle belonging to the EFI or operated on its behalf;

(d)

the enforcement of an arbitration award made against the EFI as a result of an express submission to arbitration by or on behalf of the EFI;

(e)

any counter-claim directly connected with court proceedings initiated by the EFI.

(3)

All property, funds and assets of the EFI, wheresoever located in the United Kingdom and by whomsoever held, are immune from suit and legal process in respect of all forms of seizure, confiscation, requisition, expropriation or other interference by executive, judicial or legislative action, except—

(a)

in respect of a final judgment or arbitral award issued by a court or arbitral tribunal which has jurisdiction over the EFI in accordance with paragraph (2)(d) or (e), or

(b)

where the EFI has provided express prior agreement.