The International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2020

Made: 14th October 2020

Coming into force in accordance with article 1

At the Court at Windsor Castle, the 14th day of October 2020 Present, 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 2020.

• (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 Convention establishing the Square Kilometre Array Observatory done in Rome on 12 March 2019[^f00003] enters into force in accordance with Article 19(2) of the Convention[^f00004].

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

2

• (1) The International Organisations (Immunities and Privileges) (Scotland) Order 2009[^f00005] is amended as follows.

• (2) After schedule 17, insert schedule 18 (Square Kilometre Array Observatory) set out in the schedule of this Order.

SCHEDULE

Signed

Richard Tilbrook — 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 Square Kilometre Array Observatory and its representatives, experts and members of staff.

The Order gives effect to the Articles of Annex A (Protocol on Privileges and Immunities of the Square Kilometre Array Observatory) of the Convention establishing the Square Kilometre Array Observatory done in Rome on 12 March 2019 (CP154). It should be read together with the Square Kilometre Array Observatory (Immunities and Privileges) Order 2020 (S.I. 2020/1069) 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.

[^f00004]: The United Kingdom will become a member of the Observatory in accordance with Article 6(1) of the Convention when the Convention enters into force for the United Kingdom. The date on which the Convention 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.

[^f00005]: S.S.I. 2009/44, amended by S.S.I. 2010/186, S.S.I. 2015/421, S.S.I. 2017/431 and S.S.I. 2017/447.

[^f00006]: 1964 c.81.

[^f00008]: 1998 c.46; the exception for devolved taxes was added by the Scotland Act 2012 (c.11), section 23(5).

[^f00009]: S.I. 2020/1069.