The International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2023

Made: 19th July 2023

Coming into force in accordance with article 1(2)

At the Court at Buckingham Palace, the 19th day of July 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 Order 2023.

• (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 Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the International Criminal Police Organization – INTERPOL on the Privileges and Immunities of INTERPOL on the Territory of the United Kingdom of Great Britain and Northern Ireland enters into force for the United Kingdom[^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 19 (Inter-American Investment Corporation), insert schedule 20 (International Criminal Police Organization) 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”) and grants immunities and privileges, insofar as they are within devolved competence, to the International Criminal Police Organization – INTERPOL and its officers and employees.

Article 2 amends the 2009 Order to insert schedule 20 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 between the Government of the United Kingdom of Great Britain and Northern Ireland and the International Criminal Police Organization – INTERPOL on the Privileges and Immunities of INTERPOL on the Territory of the United Kingdom of Great Britain and Northern Ireland.

This Order should be read together with the International Criminal Police Organisation (Immunities and Privileges) Order 2023, which applies across the UK and confers additional immunities and privileges.

Footnotes

[^f00001]: 1968 c. 48. Section 1 of that 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 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]: CP 820 – Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the International Criminal Police Organization - INTERPOL on the Privileges and Immunities of INTERPOL on the Territory of the United Kingdom of Great Britain and Northern Ireland (publishing.service.gov.uk). See Article 23 for the entry into force of the Agreement.

[^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, S.S.I. 2020/322, S.S.I. 2021/69 and S.S.I. 2022/374.

[^f00005]: Available at https://www.interpol.int/en/content/download/590/file/01%20E%20CONSTITUTION%2011%202021.pdf.

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