The International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2010

Made: 11th May 2010

Coming into force in accordance with article

At the Court at Buckingham Palace, the 11th day of May 2010Present,The Queen’s Most Excellent Majesty in Council

Accordingly, Her Majesty is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation and commencement

1

This Order may be cited as the International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2010 and comes into force on the day after the day it is made.

Amendment of the International Organisations (Immunities and Privileges) (Scotland) Order 2009

2

In the International Organisations (Immunities and Privileges) (Scotland) Order 2009[^f00003]—

• (a) in Schedule 6 (UNESCO[^f00004]), in paragraph 7(1) (high and other officials)—

• (i) omit “and” after paragraph (b); and

• (ii) at the end of paragraph (c) insert—

; and (d) while exercising their functions (and during their journeys to and from the place of meeting), the like immunity from personal arrest or detention and from seizure of their personal baggage as is accorded to a diplomatic agent

• (b) after Schedule 13, insert Schedule 14 (European Union Military Staff) set out in Schedule1 to this Order; and

• (c) after Schedule 14, insert Schedule 15 (European Organisation for Astronomical Research in the Southern Hemisphere) set out in Schedule 2 to this Order.

SCHEDULE 1

SCHEDULE 2

Signed

Judith Simpson — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the International Organisations (Immunities and Privileges) (Scotland) Order 2009 to confer privileges and immunities, insofar as they are within devolved competence, on European Union Military Staff and the European Organisation for Astronomical Research in the Southern Hemisphere. The United Kingdom is a member of these organisations.

Article 2 amends the 2009 Order to include a provision on the personal baggage of high and other officials of UNESCO in Schedule 6.

Article 2 amends the 2009 Order to insert Schedules 14 and 15 into that Order. Those Schedules make provision about immunities and privileges for the purposes of the persons and organisations to which those Schedules relate. These immunities and privileges are conferred in accordance with the international obligations agreed under the European Union Status of Forces Agreement and between the Government of the United Kingdom and the European Organisation for Astronomical Research in the Southern Hemisphere.

Footnotes

[^f00001]: 1968 c.48; section 1 was amended by the International Organisations Act 1981 (c.9), section1 and S.I. 2005/3542.

[^f00002]: The function of approving a draft of an Order in Council under section 10 of that Act has transferred to the Scottish Parliament under section 118 of the Scotland Act 1998 (c.46) in so far as the function is exercisable within devolved competence. Section 118(4) of that Act provides that any reference in a pre-commencement enactment to a requirement for a draft instrument to be approved by either or both Houses of Parliament (as specified in section 118(2)) is to be taken to be, in relation to the exercise of a devolved function by a person other than a Minister of the Crown, a member of the Scottish Executive or a Scottish public authority with mixed functions or no reserved functions, a reference to the Scottish Parliament. Section 118(4) accordingly includes the powers exercisable by Her Majesty in Council.

[^f00003]: S.S.I. 2009/44.

[^f00004]: The United Nations Educational, Scientific and Cultural Organisation, of which the United Kingdom is a member.

[^f00005]: 1964. c.81.

[^f00006]: The EU Status of Forces Agreement was signed by representatives of the governments of the Member States of the European Union on 17thNovember 2003. It is published at O.J.No.C321, 31.12.2003, p.6.

[^f00007]: A consolidated version of the Treaty of Union is published at O.J. No.C115, 9.5.2008, p.13. The Lisbon Treaty is published at O.J. No. C306, 17.12.2007, p.1.

[^f00008]: Cm. 5767.

[^f00009]: United Nations, Treaty Series, vol 1001, No 14697.

[^f00010]: 1998 c.46. Section C5 was amended by S.I. 2000/3252.