235. Meaning of 'state'.

The immunities and privileges conferred by the State Immunity Act 19781 apply to any foreign or Commonwealth state other than the United Kingdom2. A state includes:


    (1)     the sovereign or other head of that state in his public capacity3;


    (2)     the government of that state4; and


    (3)     any department of that government5,

but not an entity (a 'separate entity')6 which is distinct from the executive organs of the government of the state and capable of suing or being sued7.

A certificate by or on behalf of the Secretary of State8 is conclusive evidence on any question whether any country is a