OpenLegislation

Paragraph

Article 5

(1)

Article 4 of the present Convention and paragraphs (2) and (3) of this Article shall not apply to—

(a)

members of the forces of either Contracting Party ;

(b)

established members of the Foreign Service of the United Kingdom and career diplomats and career consular officers of the Federal Republic.

(2)

Subject to the provisions of paragraphs (3) and (5) of this Article—

(a)

where a German national is employed in the territory of the United Kingdom in the service of the Federal Republic or of another public authority in the Federal Republic, German legislation shall apply to him as if he were employed in the territory of the Federal Republic in the place where the Government of the Federal Republic or the other public authority has its principal place of business ;

(b)

where a person is employed in the territory of the Federal Republic in the Government service of the United Kingdom or of Northern Ireland or in the service of a public corporation of the United Kingdom, the legislation of the United Kingdom shall apply to him as if he were employed in its territory.

(3)

Where a German national is employed in the circumstances described in sub-paragraph (a) of paragraph (2) of this Article in the territory of the United Kingdom, and, in accordance with his contract of service, is employed for service with a specified office in the territory of the United Kingdom or a person is employed in the circumstances described in sub-paragraph (b) of paragraph (2) of this Article in the territory of the Federal Republic and his contract of service has been concluded by a person employed in the territory of the Federal Republic in the Government service of the United Kingdom or in the service of a public corporation of the United Kingdom—

(a)

the legislation of the Party in whose territory he is employed shall apply to him, unless and until he gives notice in accordance with the provisions of sub-paragraph (b) of this paragraph ;

(b)

he shall be entitled to choose within three months of the beginning of such employment or of the entry into force of the Convention, whichever is the later, that the legislation of the other Party shall apply to him ; if he so chooses—

(i)

his choice shall take effect from the day on which he gives notice to his employer and the competent social security authority of the former Party;

(ii)

from the day specified in paragraph (i) of this sub-paragraph, the legislation of the former Party shall cease to apply to him and the legislation of the latter Party shall apply to him as if he were employed in the territory of the latter Party;

(iii)

if the latter Party is the Federal Republic, he shall be treated as if he were employed at the place where the Government of the Federal Republic or the other public authority has its principal place of business.

(4)

If a person employed in any of the circumstances described in paragraphs (1), (2) and (3) of this Article employs in his personal service in the territory of one Party a national of the other Party, the provisions of paragraph (3) of this Article shall apply to that national.

(5)

If a person is employed in the territory of one Party by the forces of the other Party in a civilian capacity or by an organisation serving those forces and is not ordinarily resident in that territory, then the legislation of the latter Party shall apply to him as if he were employed in its territory.

(6)

The competent authorities of the Contracting Parties shall agree a list of the organisations to which the provisions of paragraph (5) of this Article shall apply.

(7)

Paragraphs (2) and (3) of this Article shall not apply to persons employed in the personal service of an Honorary Consul.