|
|
|
Amendment of section 46 of Act of 2003
|
| |
30. Section 46 of the Act of 2003 is amended by—
|
|
| |
(a) the designation of that section as subsection (1),
|
|
| |
(b) the substitution of the following subsection for subsection (1):
|
|
| |
“(1) A person who, by virtue of his or her holding any office or other position, enjoys a privilege or immunity under the law of the State from prosecution for any offence, shall not while he or she holds such office or position be surrendered under this Act.”,
|
|
| |
and
|
|
| |
(c) the addition of the following subsections after subsection (1):
|
|
| |
“(2) Where the power to waive an immunity or privilege referred to in subsection (1)—
|
|
| |
(a) is exercisable by a person in the State, the High Court shall request the person concerned to exercise the power to waive such privilege or immunity, or
|
|
| |
(b) resides with an international organisation or a person in another state, the issuing judicial authority shall request the organisation or person concerned to waive the privilege or immunity.
|
|
| |
(3) Section 15 or 16, as the case may be, shall apply to a person to whom subsection (1) applies as of the date on which the High Court is informed that the immunity or privilege, as the case may be, has been waived, as though that order were an order made under subsection (1) or (2) of section 15 or subsection (1) or (2) of section 16, as the case may be.”.
|
