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Consular Conventions Act (Act 7 of 1950)

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This is the latest version of this legislation commenced on 30 Jun 2012.

Seychelles

Consular Conventions Act

Act 7 of 1950

  • Commenced on 8 May 1950

  • [This is the version of this document at 30 June 2012 and includes any amendments published up to 30 June 2014.]


[Act 7 of 1950; Act 28 of 1950; S.I. 95 of 1975; S.I. 72 of 1976; Act 23 of 1976; Dec 31 of 1979]


1. Short title

This Act may be cited as the Consular Conventions Act

2. Powers of consular officers in relation to property in Seychelles of deceased persons*

*Section 4 is omitted in view of the fact that the corresponding provisions in the Privileges and Immunities (Diplomatic, Consular and International Organizations) Act, Section 5 have been incorporated in Section 35 of Wrecks, Casualties and Salvage Act Cap 220 1971 Ed. Accordingly section 6 has been renumbered as section 4.

(1)Where any person who is a national of a State to which this section applies is named as executor in the will of a deceased person disposing of property in Seychelles, then if the court is satisfied on the application of a consular officer of the said State that the said national is not resident in Seychelles the court may make an order empowering such officer to act as though he were such an executor.
(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 Seychelles forming part of the estate of a deceased person, or to receive payment in Seychelles 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 enactment, whether passed before or after the commencement of this Act, be paid or delivered without proof of title,

then if the said national is not resident in Seychelles, 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 authorised by power of attorney to act for him in that behalf:Provided that no person shall be authorised 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 Seychelles has been expressly authorised to receive that money or property on behalf of the said national.

3. Supplementary provisions as to section 2

Notwithstanding any rule of law conferring immunity or privilege in respect of the official acts and 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. Application of section 2

(1)The President may by order direct that section 2 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 that section has been concluded.
(2)Any order made under this section shall be laid before the next subsequent meeting of the People's Assembly.