The International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2025

Made: 12th March 2025

Coming into force in accordance with article 1(2)

At the Court at Buckingham Palace, the 12th day of March 2025Present,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 2025.

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

• (3) Article 2(3)(a) comes into force on the later of—

• (a) the day after the day on which this Order is made, or

• (b) the day on which the Host Country Agreement between the Government of the United Kingdom of Great Britain and Northen Ireland and the European Forest Institute[^f00003] enters into force for the United Kingdom.

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) In schedule 15 (European Organisation for Astronomical Research in the Southern Hemisphere)[^f00005], paragraph 7(5) (high officers), for “to (c)” substitute “and (b)”.

• (3) After schedule 20 (International Criminal Police Organization)[^f00006], insert—

• (a) schedule 21 (European Forest Institute) set out in in schedule 1 of this Order,

• (b) schedule 22 (Global Combat Air Programme International Government Organisation) set out in schedule 2 of this Order.

SCHEDULE 1

SCHEDULE 2

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 (3) grants immunities and privileges, insofar as they are within devolved competence, to the European Forest Institute (“the EFI”) and its staff members, board members and representatives of member countries, and to the Global Combat Air Programme International Government Organisation (“the GIGO”) and to its representatives and personnel:

• Article 2(3)(a) inserts schedule 21 into the 2009 Order. That schedule makes provision about immunities and privileges for the purposes of the persons and organisation to which the schedule relates and gives effect to the Host Country Agreement between the Government of the United Kingdom and the EFI. These immunities and privileges are conferred in accordance with that Agreement. Schedule 21 should be read together with the European Forest Institute (Immunities and Privileges) Order 2024, which applies across the UK and confers additional immunities and privileges.

• Article 2(3)(b) inserts schedule 22 into the 2009 Order. That schedule makes provision about immunities and privileges for the purposes of the persons and organisation to which the schedule relates and gives effect to the Convention between the Government of the Italian Republic, the Government of Japan and the Government of the United Kingdom establishing the GIGO. These immunities and privileges are conferred in accordance with that Convention. Schedule 22 should be read together with the Global Combat Air Programme International Government Organisation (Immunities and Privileges) Order 2024, which applies across the UK and confers additional immunities and privileges.

Article 2 (2) amends paragraph 7(5) of schedule 15 of the 2009 Order to correct an erroneous cross-reference.

Footnotes

[^f00001]: 1968 c. 48 (“the 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 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]: Availableat https://assets.publishing.service.gov.uk/media/65fc61d4f1d3a0001d32ad65/MS_5.2024_UK_European_Forest_Institute_Host_Country_Agreement.pdf.

[^f00004]: S.S.I. 2009/44; relevantly amended by S.S.I. 2010/186, S.S.I. 2023/208 and S.S.I. 2024/158.

[^f00005]: Schedule 15 was inserted by S.S.I. 2010/186 and relevantly amended by S.S.I. 2024/158.

[^f00006]: Schedule 20 was inserted by S.S.I. 2023/208.

[^f00007]: 1964 c. 81. Schedule 1 was amended by paragraph 1 of schedule 2 of the Diplomatic and Consular Premises Act 1987 (c.46).

[^f00008]: Available at https://assets.publishing.service.gov.uk/media/5a7caecae5274a38e57561e8/8310.pdf.

[^f00009]: 1998 c. 46. Section A1 was amended by section 23(5) of the Scotland Act 2012 (c. 11).

[^f00010]: 1968 c. 48.

[^f00011]: 1964 c. 81. Schedule 1 was amended by paragraph 1 of schedule 2 of the Diplomatic and Consular Premises Act 1987 (c.46).

[^f00012]: Available at https://assets.publishing.service.gov.uk/media/657b1171095987001295e109/GIGO_treaty.pdf.

[^f00013]: 1998 c. 46. Section A1 was amended by section 23(5) of the Scotland Act 2012 (c. 11).

[^f00014]: 1968 c. 48.