The International Organisations (Immunities and Privileges) (Scotland) Amendment (No. 2) Order 2023

Made: 13th December 2023

Coming into force in accordance with article 1(2)

At the Court at Buckingham Palace, the 13th day of December 2023Present,The King’s Most Excellent Majesty in Council

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

Citation and commencement

1

• (1) This Order may be cited as the International Organisations (Immunities and Privileges) (Scotland) Amendment (No. 2) Order 2023.

• (2) This Order comes into force on the day after the day on which it is made.

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

2

• (1) The International Organisations (Immunities and Privileges) (Scotland) Order 2009[^f00003] is amended as follows.

• (2) After schedule 1 (International Mobile Satellite Organisation), insert schedule 1A (International Atomic Energy Agency) set out in the schedule of this Order.

SCHEDULE

Signed

Ceri King — Deputy 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) (“the 2009 Order”) to restate provisions of the International Atomic Energy (Immunities and Privileges) Order 1974 (S.I. 1974/1256), as amended, (“the IAEA Order”) insofar as they would, if included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament.

The IAEA Order implements the Agreement on the Privileges and Immunities of the International Atomic Energy Agency (“the IAEA”) (Cmnd. 1675), approved by the Board of Governors of the IAEA on 1st July 1959 (“the Agreement”). The International Atomic Energy Agency (Immunities and Privileges) (Amendment) Order (S.I. 2023/845) amended the IAEA Order to correct a discrepancy between the provisions of that Order and the Agreement. That amendment also disapplies those provisions insofar as they would be within the legislative competence of the Scottish Parliament.

In addition to restating those provisions of the IAEA Order, this Order corrects the same discrepancy by ensuring that representatives of members benefit from the privileges and immunities conferred by the Agreement when attending meetings of any international conference, symposium, seminar or panel convened by the IAEA. The definition of representatives of members in Article 1, section 1(iii) of the Agreement is inserted (paragraph 6(5) of schedule 1A).

This Order should be read with the IAEA Order, which applies across the UK and confers additional immunities and privileges.

Footnotes

[^f00001]: 1968 c. 48. Section 1 was amended by section 1 of the International Organisations Act 1981 (c. 9), 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 a reference to the Scottish Parliament, in relation to the exercise of a devolved function by a person other than a Minister of the Crown, a member of the Scottish Government or a Scottish public authority with mixed functions or no reserved functions. Section 118(4) accordingly includes the powers exercisable by His Majesty in Council.

[^f00003]: S.S.I. 2009/44 as amended by S.S.I. 2010/186, S.S.I. 2015/421, S.S.I. 2017/431, S.S.I. 2017/447, S.S.I. 2020/322, S.S.I. 2021/69, S.S.I. 2022/374 and S.S.I. 2023/208.

[^f00004]: 1964 c. 81. Schedule 1 was amended by the Diplomatic and Consular Premises Act 1987 (c. 46).

[^f00005]: The Statute of the International Atomic Energy Agency came into force on 29 July 1957. It has been subsequently amended. The amended text can be found at https://www.iaea.org/about/statute.