International Organisations Act 2005
International Organisations Act 2005
2005 CHAPTER 20
An Act to make provision about privileges, immunities and facilities in connection with certain international organisations.
[7th April 2005]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Commonwealth Secretariat
(1) In the Commonwealth Secretariat Act 1966 (c. 10) the following provisions (which limit the privileges and immunities of the Secretariat) are omitted—
(a) in section 1, subsections (3) and (4), and
(b) in the Schedule, paragraph 1(1)(b) and the word ‘and’ before it.
(2) In Schedule 3 to the Arbitration Act 1996 (c. 23) (consequential amendments), paragraph 23 is omitted.
(3) This section does not have effect in relation to any written contract entered into by or on behalf of the Commonwealth Secretariat before this section comes into force.
(4) ‘The Commonwealth Secretariat’ has the same meaning as in the Commonwealth Secretariat Act 1966.
2 Commonwealth Secretariat Arbitral Tribunal
(1) The Commonwealth Secretariat Act 1966 is amended as follows.
(2) In section 1(2) (immunities and privileges), after ‘their families’ insert ‘and the President and members of the Commonwealth Secretariat Arbitral Tribunal’.
(3) In the Schedule (immunities and privileges)—
(a) in paragraph 6, after ‘of this Schedule’ there is inserted ‘, and the President and members of the Commonwealth Secretariat Arbitral Tribunal,’, and
(b) in paragraph 8, after ‘their families’ there is inserted ‘and on the President and members of the Commonwealth Secretariat Arbitral Tribunal’.
(4) If the Commonwealth Secretariat Arbitral Tribunal is replaced by a successor, the Secretary of State may by order made by statutory instrument amend the Commonwealth Secretariat Act 1966 (c. 10) in whatever way he considers appropriate for the purpose of conferring, in relation to the successor, immunities and privileges equivalent to those conferred by virtue of subsections (2) and (3).
(5) No order under subsection (4) may be made unless a draft of the statutory instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.
In the Schedule to the Commonwealth Secretariat Act 1966 (immunities and privileges)—
(a) in paragraph 5(1) the words from ‘except that’ to the end are omitted,
(b) after paragraph 5 there is inserted—
S-5A 5A
(1) With effect from the relevant day, the officers and servants of the Commonwealth Secretariat are exempt from income tax in respect of the salaries and emoluments received by them in that capacity.
(2) The relevant day is the day specified by the Secretary of State as the day from which the officers and servants of the Commonwealth Secretariat become subject to internal income tax imposed by the Secretariat for its benefit.
(3) Sub-paragraphs (1) and (2) do not apply to any pension or annuity paid by the Commonwealth Secretariat to any person who has ceased to be an officer or servant of the Secretariat.
(4) This paragraph applies to senior officers of the Commonwealth Secretariat in place of any exemption from liability for income tax in respect of the salaries and emoluments received by them in that capacity to which (but for this sub-paragraph) they would be entitled by virtue of paragraph 5(1) of this Schedule.’
4 Organization for Security and Co-operation in Europe
(1) If at any time the Organization for Security and Co-operation in Europe (‘the OSCE’) is not for the purposes of section 1 of the International Organisations Act 1968 (c. 48) (‘the 1968 Act’) an organisation of which—
(a) the United Kingdom, or Her Majesty's Government in the United Kingdom, and
(b) at least one other sovereign Power, or the Government of such a Power,
are members, it is to be treated for those purposes as such an organisation.
(2) Any agreement or formal understanding between the United Kingdom or Her Majesty's Government in the United Kingdom and any other sovereign Power or the Government of such a Power and relating to the OSCE is to be treated for the purposes of section 1(5) and (6)(a) of the 1968 Act as an agreement between the United Kingdom and the OSCE.
After section 4A of the 1968 Act there is inserted—
S-4B 4B
‘4B Bodies established under Treaty on European Union
(1) This section applies to any body—
(a) established under Title V (provisions on a common foreign and security policy) or Title VI...
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