Consular Conventions Act

Link to law: http://laws.gov.ag/acts/chapters/cap-95.pdf
Published: 1950

Consular Conventions (CAP. 95 1

CHAPTER 95

THE CONSULAR CONVENTIONS ACT

Arrangement of Sections
Section

1. Short title.
2. Power of Consular officers in relation to property in

Antigua and Barbuda of deceased persons.
3 . Supplementary provisions as to section 2.
4. Restriction of power of entry in relation to Consular

offices.
5. Mode of paying compensation.
6. Application of sections 2 and 4.
7 . References, etc.

CONSULAR CONVENTIONS

1. This Act may be cited as the Consular Conven- Short title.
tions Act.

2. (1) Where any person who is a national of a State Power of Consular officers
to which this section applies is named as executor in the will in relation to
of a deceased person disposing of property in Antigua and rn",F&yakd
Barbuda, or is otherwise a person to whom a grant of Barbuda of
representation to the estate in Antigua and Barbuda of a decea"d persons.
deceased person may be made, then if the Court is satisfied,
on the application of a Consular officer of the said state,

LAWS OF ANTtCtJA AND BARBUDA

2 CAP. 95) d'onsular Conventions

that the said national is not resident in Antigua and Bar-
buda, and if no application for a grant of such representa-
tion is made by a person duly authorized by power of at-
torney to act for him in that behalf, the Court shall make
to that officer any such grant of representation to the estate
of the deceased as would be made to him if he were so
authorized as aforesaid.

(2) Where any person who is a national of a State to
which this section applies-

(a) is entitled to any money or other property in
Antigua and Barbuda forming part of the estate of a
deceased person, or to receive payment in Antigua and
Barbuda of any money becoming due on the death of
a deceased person; or

( b ) is among the persons to whom any money or
other property of a deceased person may under any Act,
whether passed before or after the commencement of
this Act, be paid or delivered without grant of probate
or other proof of title,

then if the said national is not resident in Antigua and
Barbuda, a Consular officer of that State shall have the like
right and power to receive and give a valid discharge for
any such money or property as if he were duly authorized
by power of attorney to act for him in that behalf:

Provided that no person shall be authorized or required
by this subsection to pay or deliver any money or property
to a Consular officer if it is within his knowledge that any
other person in Antigua and Barbuda has been expressly
authorized to receive that money or property on behalf of
the said national.

(3) Notwithstanding any rule of law or practice
applicable to Antigua and Barbuda providing that in the case
of a minority or a life interest administration must be granted
either to a trust corporation or to not less than two
individuals; or that additional personal representatives must
be appointed in the case of a minority or a life interest,
administration of an estate may in any case be granted by
virtue of this section to a Consular officer alone.

LAWS OF ANTIGUA AND BARBUDA

Consular Conventions (CAP. 95

(4) Notwithstanding any rule of law or practice
applicable to Antigua and Barbuda sureties shall not be
required to an administration bond given by a Consular
officer upon the grant of administration by virtue of this
section.

3. Notwithstanding any rule of law conferring ~ ~ , P ~ ~ ~ , " P ~ ~ ~
immunity or privilege in respect of the official acts and section 2.
documents of Consular officers, a Consular officer shall not
be entitled to any immunity or privilege in respect of any
act done by virtue of powers conferred on him by or under
section 2 , or in respect of any document for the time being
in his possession relating thereto.

4. (1) Subject to the provisions of this section a Restriction of
power of entry in Consular office of a State to which this section applies shall ,la,ion ,,

not be entered by a police officer or other person acting in Consular offices.
the execution of any warrant or other legal process or in the
exercise of powers conferred by or under any enactment
(whether passed before or after the commencement of this
Act), or otherwise, except with the consent of the Consular
officer in charge of that office or, if that consent is withheld
or cannot be obtained, with the consent of the
Governor-General:

Provided that the foregoing provisions of this subsec-
tion shall not apply in relation to any entry effected-

(a) in pursuance of any provision contained in any
Act relating to Fire Brigades and conferring on such
Brigades power to enter premises for the purpose of
extinguishing fire or any other enactment making pro-
vision corresponding with the aforesaid provision:

( b ) by a police officer having reasonable cause to
believe that a crime involving violence has been or is
being or is about to be committed in the Consular office;

(6) by any person entitled to enter by virtue of any
easement, contract or other private right.

( 2 ) This section shall not apply to any Consular office
which for the time being is in the charge of a Consular officer
who is a Commonwealth citizen or is not a national of the
State by which that office is maintained.

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 95) Consular Conventions

(3) For the purposes of this section the expression "Con-
sular office" means any building or part of a building which
is exclusively occupied for the purposes of the official business
of a Consular officer.

Mode of paying
compensation.

5. (1) In the application of paragraph (a) of section
Cap. 233. 19 of the Land Acquisition Act, the compensation payable

in respect of the acquisition of any land held exclusively by
the Sending State for consular use shall be paid at the sell-
ing rate of exchange most favourable to such Sending State
at the time when such land was acquired.

(2) For the purposes of this section the expression "Sc-l-
ding State" means the government of any foreign State with
which a Consular Convention has been concluded by Her
Majesty providing for matters for which provision is made
in section 2 or section 4.

Application of
sections 2 and 4.

6. (1) The Cabinet may by order direct that section
2 or section 4 shall apply to any foreign State specified in
the order, being a State with which a Consular Convention
providing for matters for which provision is made by those
sections has been concluded by Government.

(2) Any order made under this section may be revoked
by a subsequent order.

(3) Any order made under this section shall be laid
before Parliament.

References, etc. 7. References in this Act to a Consular Officer of a
State include references to Ambassadors of that State or their
agents; and references to a Consular office shall be construed
accordingly.
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