Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697641806641.pdf (Antigua and Barbuda)
LAWS OF ANTIGUA AND BARBUDA Consular Conventions (CAP.

95 1 CHAPTER 95 T H E 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 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, Consular officers 2 CAP.
95) d'onsular Conventions LAWS OF ANTtCtJA AND BARBUDA 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.
3.

Notwithstanding any rule of law conferring ~ 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.

~ , P ~ ~ ~ , " P ~ ~ ~ 4.


(1) Subject to the provisions of this section a Restriction of 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 o r cannot be obtained, with the consent of the Governor-General: power of entry in ,, 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.

4 CAP.

95) Consular Conventions LAWS OF ANTIGUA AND BARBUDA Mode of paying compensation.

Cap.

233.
Cap.

233.

(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.

5 .
5 .

(1) In the application of paragraph (a) of section 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.