The International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2024

Made: 30th May 2024

Coming into force in accordance with article 1(2) and (3)

At the Court at Buckingham Palace, the 30th day of May 2024Present,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

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• (1) This Order may be cited as the International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2024.

• (2) Subject to paragraph (3), this Order comes into force on the day after the day on which it is made.

• (3) Article 2(2) comes into force on the date on which the Agreement between the United Kingdom and the European Space Agency concerning the European Space Agency’s Sites and Facilities in the United Kingdom enters into force in Scotland[^f00003].

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

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

• (2) After schedule 1A[^f00005], insert schedule 1B (European Space Agency) set out in the schedule of this Order.

• (3) Schedule 15 (European Organisation for Astronomical Research in the Southern Hemisphere)[^f00006] is amended in accordance with paragraphs (4) to (6).

• (4) In paragraph 1 (interpretation), at the end, insert—

• “devolved or local taxes” means any devolved taxes or local taxes to fund local authority expenditure (within the meaning of the exceptions to Section A1 (fiscal, economic and monetary policy) of Part 2 of schedule 5 of the Scotland Act 1998[^f00007]).

• (5) For paragraph 7 (high officers) substitute—

(7) (1) Except in so far as in any particular case any immunity or privilege is waived by the Council of the Organisation, the Director-General of the Organisation and the person appointed to act in place of the Director-General in accordance with Article 6 of the Convention enjoy— (a) the like— (i) immunity from suit and legal process, (ii) inviolability of residence, and (iii) exemption or relief from devolved or local taxes, other than duties (whether of customs or excise) and taxes on the importation of goods, and rates, as are accorded to or in respect of the head of a diplomatic mission, (b) the like exemption and privileges in respect of their personal baggage as in accordance with Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent, (c) exemptions whereby, for the purposes of the enactments relating to social security— (i) services rendered for the Organisation are deemed to be excepted from any class of employment in respect of which contributions under those enactments are payable, but (ii) no person is to be rendered liable to pay any contribution which that person would not be required to pay if those services were not deemed to be so excepted. (2) Sub-paragraph (1)(a) does not apply as respects the matters reserved by virtue of Section C5 (import and export) of Part 2 of schedule 5 of the Scotland Act 1998. (3) Sub-paragraph (1)(c) does not apply as respects the matters reserved by virtue of Section F (social security) of Part 2 of schedule 5 of the Scotland Act 1998. (4) Part 4 (privileges and immunities of official staffs and of families of representatives, high officers and official staffs) of schedule 1 (privileges and immunities) of the 1968 Act does not operate so as to confer any privilege or immunity on the families of an officer to whom this paragraph applies, except to the extent that members of families of such officers forming part of their households enjoy immunity from suit and legal process. (5) Subject to sub-paragraphs (6) and (7), sub-paragraph (1)(a) to (c) does not apply to any person who is a British citizen, British overseas territories citizen, British Overseas citizen, British National (Overseas) or permanent resident of the United Kingdom. (6) Sub-paragraph (1)(a)(i) applies to any person who is a British citizen, British overseas territories citizen, British Overseas citizen, British National (Overseas) or permanent resident of the United Kingdom, in respect of things done or omitted to be done by them in the course of performance of official duties, except in the case of motor traffic offences committed by them or of damage caused by a motor vehicle belonging to or driven by them. (7) Sub-paragraph (1)(a)(iii) applies to any person who is a British citizen, British overseas territories citizen, British Overseas citizen, British National (Overseas) or permanent resident of the United Kingdom only in respect of exemption from devolved or local taxes on emoluments received as an officer of the Organisation, provided that nothing in this sub-paragraph is to be interpretated as precluding such emoluments from being taken into account for the purposes of assessing the amount of taxation to be applied to income from other sources.

• (6) For paragraph 8 (all other officers) substitute—

(8) (1) Except in so far as in any particular case any immunity or privilege is waived by the Director-General of the Organisation or the person appointed to act in place of the Director General in accordance with Article 6 of the Convention, the members of staff of the Organisation, other than high officers to whom paragraph 7 applies, enjoy— (a) immunity from suit and legal process in respect of things done or omitted to be done by them in the course of performance of official duties, except in the case of motor traffic offences committed by them or of damage caused by a motor vehicle belonging to or driven by them, (b) exemption from devolved or local taxes in respect of emoluments received as an officer or servant of the Organisation, provided that nothing in this paragraph is to be interpreted as precluding such emoluments from being taken into account for the purposes of assessing the amount of taxation to be applied to income from other sources, (c) exemptions whereby for the purposes of the enactments relating to social security— (i) services rendered for the Organisation are deemed to be excepted from any class of employment in respect of which contributions under those enactments are payable, but (ii) no person is to be rendered liable to pay any contribution which that person would not be required to pay if those services were not deemed to be so excepted. (2) Part 4 of schedule 1 of the 1968 Act does not operate so as to confer any immunity or privilege on the families of the officers to whom this paragraph applies, except to the extent that members of families of such officers forming part of their households enjoy immunity from suit and legal process to the extent enjoyed by such officers under sub-paragraph (1)(a). (3) Sub-paragraph (1)(c) does not apply as respects the matters reserved by virtue of Section F (social security) of Part 2 of schedule 5 of the Scotland Act 1998.

Revocation

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The European Space Agency (Immunities and Privileges) Order 1978[^f00008] is revoked so far as it applies in or regards Scotland.

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”).

Article 2 (2) of this Order inserts a new schedule 1B into the 2009 Order. Schedule 1B restates the provisions of the European Space Agency (Immunities and Privileges) Order 1978 (“*the 1978 Order*”), as amended by the European Organisation for Astronomical Research in the Southern Hemisphere and the European Space Agency (Immunities and Privileges) (Amendment) Order 2018 (itself amended by the European Organisation for Astronomical Research in the Southern Hemisphere and the European Space Agency (Immunities and Privileges) (Amendment) Order 2024 ([S.I. 2024/368](https://www.legislation.gov.uk/uksi/2024/368)) insofar as they would, if included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament.

The 1978 Order implements Annex 1 of the Convention for the Establishment of a European Space Agency, which entered into force on 30 October 1980 (Cm 6272). An Agreement between the United Kingdom and the European Space Agency concerning the European Space Agency’s Sites and Facilities in the United Kingdom signed on 13 June 2013 provides for the establishment and operation of an Agency centre at Harwell Science and Innovation Campus in the United Kingdom. This Order gives effect to the obligations relating to immunities and privileges under that Agreement.

New schedule 1B includes the Head of Harwell Centre as a high officer. It also provides that up to 7 high-ranking officials, in addition to the Director General and the Head of the Harwell Centre, are high officers but limits their immunities and privileges.

In addition it provides that all officers are exempt from social security contributions.

Schedule 15 of the 2009 Order was added by the International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2010 to implement the Protocol on the privileges and immunities of the European Organisation for Astronomical Research in the Southern Hemisphere (Cm 8516) which entered into force for the UK on 25 September 2012. It provides privileges and immunities to the European Organisation for Astronomical Research in the Southern Hemisphere (“the Organisation”) and to its representatives and members of staff.

Paragraphs 7 and 8 of schedule 15 make provision for privileges and immunities conferred by the Protocol on the officers of the Organisation.

Article 2 (5) of this Order amends paragraph 7 to ensure that, if the Director General or person appointed to act instead of the Director General of the Organisation has a form of British nationality, that person will benefit from immunity from suit and legal process in respect of official acts (not including motor vehicle offences or damage), from exemption from devolved or local taxes on emoluments received as an officer of the Organisation, and from exemptions relating to social security.

Article 2 (6) of this Order amends paragraph 8 to provide that any officer of the Organisation (other than an officer falling within paragraph 7 (high officers)) will benefit from immunity from suit and legal process in respect of official acts, from exemption from devolved or local taxes in respect of emoluments received as an officer of the Organisation, and from exemptions relating to social security.

Article 3 of this Order revokes the provisions of the 1978 Order so far as they apply in or regards Scotland.

Footnotes

[^f00001]: 1968 c. 48 (“1968 Act”). 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 the 1968 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 to 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]: The date on which the Agreement enters into force for Scotland will be published on the relevant page on UK Treaties Online which can be found at this link: https://www.gov.uk/uk-treaties. The date will be in accordance with notification under article 20 of the Agreement. The Agreement entered into force for the United Kingdom, except in Scotland, on 19 March 2024 by virtue of the notification under article 20 of the Agreement. A copy of the Agreement can be obtained from Protocol Directorate, Foreign and Commonwealth Office, King Charles Street, London SW1A 2AH.

[^f00004]: S.S.I. 2009/44 as relevantly amended by S.S.I. 2010/186, S.S.I. 2017/431, and S.S.I. 2023/376.

[^f00005]: Schedule 1A was inserted by S.S.I 2023/376.

[^f00006]: Schedule 15 was inserted by S.S.I 2010/186.

[^f00007]: 1998 c. 46.

[^f00008]: S.I. 1978/1105 as prospectively amended by S.I. 2018/787 and by S.I. 2024/368.

[^f00009]: 1964 c. 81. Schedule 1 was amended by paragraph 1 of schedule 2 of the Diplomatic and Consular Premises Act 1987 (c. 46).

[^f00010]: The Convention on the Establishment of the European Space Agency was signed by the United Kingdom on 30 May 1975 and came into force on 30 October 1980 https://www.esa.int/About_Us/Law_at_ESA/ESA_Convention.

[^f00011]: 1998 c. 46.