The International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2015

Made: 9th December 2015

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 9th day of December 2015Present,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

• (1) This Order may be cited as the International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2015.

• (2) This Order comes into force on the later of—

• (a) the day after the day on which it is made; or

• (b) the day on which the United Kingdom becomes a member of the Asian Infrastructure Investment Bank[^f00003].

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

2

• (1) The International Organisations (Immunities and Privileges) (Scotland) Order 2009[^f00004] is amended as follows.

• (2) After Schedule 15, insert Schedule 16 (Asian Infrastructure Investment Bank) set out in the Schedule to 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 to confer immunities and privileges, insofar as they are within devolved competence, upon the Asian Infrastructure Investment Bank and its officers, employees, experts and persons engaged on missions for the Bank. The Order gives effect to the Articles of Agreement of the Asian Infrastructure Investment Bank done in Beijing on 29th June 2015 (Cm. 9126). It should be read together with the Asian Infrastructure Investment Bank (Immunities and Privileges) Order 2015 (S.I. 2015/1884) which confers additional immunities and privileges.

Footnotes

[^f00001]: 1968 c.48. Section 1 was amended by 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, 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, a reference to the Scottish Parliament. Section 118(4) accordingly includes the powers exercisable by Her Majesty in Council.

[^f00003]: The Asian Infrastructure Investment Bank (“the Bank”) was established by the Articles of Agreement of the Asian Infrastructure Investment Bank done in Beijing on 29th June 2015 (Cm. 9126) (“the Agreement”). The United Kingdom will become a member of the Bank in accordance with article 58(2) of the Agreement when the Agreement enters into force for the United Kingdom. The date on which the Agreement enters into force for the United Kingdom will be published on the relevant page of UK Treaties online which can be found at this link: https://www.gov.uk/uk-treaties.

[^f00004]: S.S.I. 2009/44, amended by S.S.I. 2010/186.

[^f00005]: 1964 c.81.

[^f00006]: Cm. 9126.

[^f00007]: 1998 c.46; the exception for devolved taxes was added by the Scotland Act 2012 (c.11), section 23(5).

[^f00008]: Section C5 was amended by S.I. 2000/3252.