The International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2022

Made: 14th December 2022

Coming into force in accordance with article 1(2)

At the Court at Buckingham Palace, the 14th day of December 2022 Present, 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 Order 2022.

• (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 Corporation established by the Agreement establishing the Inter-American Investment Corporation done at the city of Washington, District of Columbia, United States of America on 19 November 1984[^f00003].

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

2

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

• (2) After schedule 18 (Square Kilometre Array Observatory), insert schedule 19 (Inter-American Investment Corporation) 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 (“the 2009 Order”) and grants immunities and privileges, insofar as they are within devolved competence, to the Inter-American Investment Corporation and its officers and employees.

Article 2 amends the 2009 Order to insert schedule 19 into that Order. That schedule makes provision about immunities and privileges for the purposes of the persons and organisation to which the schedule relates. These immunities and privileges are conferred in accordance with the Agreement establishing the Inter-American Investment Corporation done at the city of Washington, District of Columbia, United States of America, on 19 November 1984 (Cm. 9659).

This Order should be read together with the Inter-American Investment Corporation (Immunities and Privileges) Order 2022 (“the UK Order”), which confers additional immunities and privileges.

Footnotes

[^f00001]: 1968 c. 48. Section 1 of the Act 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, 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 His Majesty in Council.

[^f00003]: Cm. 9659. The United Kingdom will become a member of the Corporation in accordance with Article XI(1)(c) 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 on UK Treaties Online which can be found at this link: https://www.gov.uk/uk-treaties.

[^f00004]: 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 and S.S.I. 2020/322.

[^f00005]: Cm. 9659.

[^f00006]: Section C5 was amended by S.I. 2000/3252 and S.I. 2014/1559.