International Headquarters and Defence Organisations Act, 1964 (Hansard, 2 August 1965)

§ Mr. Healey

My right hon. and learned Friend the Home Secretary has informed the House that it is the intention of the Government to bring the Act into force and to ratify the Protocol on the Status of International Military Headquarters set up pursuant to the North Atlantic Treaty 1952 (Cmd. 8687) in the near future. When this has been done arrangements which have been made for the settlement of claims will come into effect and a statement will be issued showing the nature and operation of these arrangements for the information of persons who may be concerned with them. A draft of this statement, which incorporates the arrangements already in being for Visiting Forces, is shown below. The date to be inserted in Part II paragraph 8 will be the date when the Headquarters Protocol enters into force for the United Kingdom.

VISITING FORCES ACT 1952 AND INTERNATIONAL HEADQUARTERS AND DEFENCE ORGANISATIONS ACT 1964.

STATEMENT ISSUED BY THE SECRETARY OF STATE FOR DEFENCE IN PURSUANCE OF SECTION 9 (2) OF THE VISITING FORCES ACT 1952.

The nature and operation of the arrangements made by the Secretary of State for Defence under section 9 of the Visiting Forces Act 1952 with regard to the settlement of claims against (1) Visiting Forces of the countries listed in the Schedule hereto and (2) International Headquarters or Defence Organisations designated for that purpose under the International Headquarters and Defence Organisations Act, 1964 are as follows:

PART I

(Claims against a Visiting Force)

1. The claims to which the arrangements relate are:

(a) Claims arising out of tortious acts committed on land in the United Kingdom 243 by any member of one of the said Visiting Forces or its civilian component or any other act on land for which a Visiting Force or its civilian component is responsible in tort and claims other than contractual claims arising out of or in connection with the operation over the territory of the United Kingdom or the territorial waters thereof of an aircraft owned or controlled by a Visiting Force.
(b) Claims (hereinafter called maritime claims) in respect of death or personal injury caused by acts for which a Visiting Force of such a country is responsible in tort arising out of or in connection with the navigation or operation within the United Kingdom or the territorial waters thereof of a naval vessel of one of the said countries listed in the Schedule hereto or a ship engaged for the purposes of a Visiting Force present in the United Kingdom and owned by or at the risk of a country to which that Visiting Force belongs including claims in respect of death or personal injury arising out of the loading, carriage or discharge of the cargo from any such ship in the United Kingdom.

2. The arrangements apply to claims arising out of acts done on or after the dates shown against the countries listed in the Schedule.

3. Claimants must address their claims as follows: (a) Claims other than maritime claims should be addressed to: The Ministry of Defence, Claims Commission, York House, Kingsway, London, W.C.2. (b) Maritime claims should be addressed to: The Ministry of Defence (Naval Law Division), Old Admiralty Building, Whitehall, London, S.W.1.

4. If the alleged tortious act was committed in the performance of an official duty, the claim will be dealt with in the same manner as it would have been if such tortious act had been committed by a member of the British Armed Forces. If a settlement of the claim is reached by negotiation any sum due under that settlement will be paid by the Secretary of State for Defence. If a settlement of the claim cannot be reached by negotiation it is open to the claimant to bring proceedings in the British Courts in respect of his claim against the individual wrongdoer concerned and any sum due under any judgment of the Court obtained by the claimant will be paid to him (provided notice of the intention to start proceedings against the wrongdoer has been given to the authorities referred to in paragraph 3).

5. If on investigation of a claim it is ascertained that the act complained of was not done in the performance of an official duty, no responsibility for settlement will be accepted by the Secretary of State for Defence. The claim will, however, be investigated by the appropriate United Kingdom authority and a report prepared and submitted to the appropriate authority of the Visiting Force concerned so that the latter 244W may consider whether or not an ex gratia payment might be made to the claimant direct by the particular Force concerned. A claimant, if he so desires, may institute proceedings against the individual concerned in respect of any act outside the scope of his official duty, but responsibility for satisfying a judgment obtained in these circumstances will not be accepted by the Secretary of State for Defence.

6. If a dispute arises whether a tortious act of a member of a Visiting Force or civilian component was committed in the performance of official duty the question may be submitted to a legal Arbitrator whose decision will be binding and conclusive upon all the parties concerned. The same course will be followed where a claimant is unable to identify the wrongdoer.

PART II

(Claims against an International Headquarters or Defence Organisation)

7. The claims to which the arrangements relate are:

(a) Claims arising out of tortious acts committed on land in the United Kingdom by a military or civilian member of any International Headquarters or Defence Organisation or arising out of any other act on land for which the said Headquarters or Organisation is responsible in tort and claims other than contractual claims arising out of or in connection with the operation over the territory of the United Kingdom or the territorial waters thereof of an aircraft owned or controlled by an International Headquarters or Defence Organisation.
(b) Claims (hereinafter called maritime claims) in respect of death or personal injury caused by acts for which an International Headquarters or Defence Organisation is responsible in tort arising out of or in connection with the navigation or operation within the United Kingdom or the territorial waters thereof of any ship engaged for the purposes and at the risk of an International Headquarters or Defence Organisation including any claims in respect of death or personal injury arising out of the loading, carriage or discharge of the cargo from any such ship in the United Kingdom.

8. The arrangements apply to claims arising out of acts done on or after the day of.

9. (a) Claims other than maritime claims should be addressed to: The Ministry of Defence, Claims Commission, York House, Kingsway, London, W.C.2.

(b) Maritime claims should be addressed to: The Ministry of Defence (Naval Law Division), Old Admiralty Building, Whitehall. London, S.W.1.

10. Claims in tort arising out of an act of an International Headquarters or Defence Organisation, or out of an act done in the performance of official duty by a military or 245W civilian member of such Headquarters or Organisation, will be dealt with in the same way as a claim made against a Visiting Force in the United Kingdom. Thus if settlement of the claim is reached by negotiation any sum due under the settlement will be paid by the Secretary of State for Defence. If settlement of the claim cannot be reached by negotiation it is open to a claimant to bring proceedings in the Courts of the United Kingdom in respect of his claim against (i) the individual tortfeasor concerned, and/or (ii) the responsible designated International Headquarters or Defence Organisation if such Headquarters or Organisation has the legal capacity of a body corporate. Any legal proceedings against an International Headquarters or Defence Organisation will be subject to such special provisions as to immunity from legal process by way of execution and with regard to disclosure of official documents as may be conferred by the Designation Order under the International Headquarters and Defence Organisations Act, 1964. Any sum due under any judgment of the Court obtained by a claimant will be satisfied (provided notice of the intention to start proceedings has been given to the authorities mentioned in paragraph 9).

11. If on investigation of a claim it is ascertained that although the act complained of was done by a military or civilian member of an International Headquarters Defence Organisation yet such act was not done in the performance of official duty, no responsibility for settlement will be accepted by the Secretary of State for Defence. The claim, however, will be investigated by the appropriate United Kingdom authority and a report prepared and submitted to the responsible International Headquarters or Defence Organisation concerned (or to the appropriate Visiting Force authority if the claim involves an attached military or civilian member of a Visiting Force) so that the latter may consider whether or not an ex gtatia payment might be made by the said Headquarters or Defence Organisation (or by the Visiting Force Authority concerned). A claimant may if he so desires, institute proceedings against the individual concerned in respect of any act outside the scope of his official duty, but responsibility for satisfying a judgment obtained in those circumstances will not be accepted by the Secretary of State for Defence.

12. If a dispute arises as to whether or not the tortious act was done in the performance of official duty the question may be submitted to a legal arbitrator whose decision shall be final and conclusive upon the parties concerned, or, if the circumstances allow, be determined in legal proceedings. In those cases where a claimant is unable to identify the wrongdoer the same course will be followed.

THE SCHEDULE

Canada, 12th June, 1954.

Belgium, 12th June, 1954.

France, 12th June, 1954.

The Netherlands, 12th June, 1954.

Norway, 12th June, 1954.

The United States of America, 12th June, 1954.

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Luxembourg, 1st January, 1957.

Turkey, 1st January, 1957.

Greece, 1st January, 1957.

Denmark, 1st January, 1957.

Portugal, 1st January, 1957.

Italy, 1st January, 1957.

Federal Republic of Germany, 14th August, 1961.