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

JurisdictionScotland
Year2023
CitationSSI 2023/208

2023 No. 208

International Immunities And Privileges

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 2023

Present,

The King’s Most Excellent Majesty in Council

This Order is made in exercise of the powers conferred by section 1 of the International Organisations Act 19681(“the 1968 Act”) and all other powers enabling His Majesty to do so.

In accordance with section 10(1) of the 1968 Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament2.

Accordingly, His Majesty is pleased, by and with the advice of His Privy Council, to order as follows.

S-1 Citation and commencement

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)

(a) the day after the day on which it is made, or

(b)

(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 Kingdom3.

S-2 Amendment of the International Organisations (Immunities and Privileges) (Scotland) Order 2009

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 follows4.

(2) After schedule 19 (Inter-American Investment Corporation), insert schedule 20 (International Criminal Police Organization) set out in the schedule of this Order.

Ceri King

Deputy Clerk of the Privy Council

SCHEDULE

Article 2(2)

SCHEDULE

SCHEDULE 20

INTERNATIONAL CRIMINAL POLICE ORGANIZATION

(1) Interpretation

(1) In this schedule—

“Constitution of the Organisation” means the Constitution of the International Criminal Police Organization – INTERPOL adopted by the General Assembly at its 25th Session in Vienna, 19565,

“devolved and local taxes” means devolved taxes and 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),

“Official Activities” of the Organisation includes all activities undertaken pursuant to the Constitution of the Organisation and all activities appropriate to fulfil the aims of the Organisation under article 2 of that Constitution,

“INTERPOL officials” means the Secretary General, persons seconded to the Organisation by a Member Country, and persons under contract employed by the Organisation,

“the Organisation” means the International Criminal Police Organization - INTERPOL,

“Requesting Country” means a country which has submitted a request for membership of the Organisation to the Secretary General pursuant to article 4 of the Constitution of the Organisation, provided that the request has been added by the Executive Committee to the provisional agenda of the General Assembly,

“the 1961 Convention Articles” has the meaning given in section 11 of the International Organisations Act 1968.

(2) For the purposes of this schedule, the following terms have the meaning they have in the Constitution of the Organisation—

“Adviser”,

“Commission for the Control of Files”,

“Executive Committee”,

“General Assembly”,

“Member Country”,

“National Central Bureau”,

“Secretary General”.

(2) Immunity from jurisdiction

(1) Within the scope of its Official Activities, the Organisation has immunity from suit and legal process.

(2) Sub-paragraph (1) does not apply in the case of—

(a) a road traffic offence involving a motor vehicle belonging to the Organisation or operated on its behalf, or

(b) a civil claim for damages resulting from an accident caused by a motor vehicle belonging to the Organisation or operated on its behalf.

(3) The property, funds and assets of the Organisation, wherever located and by whomever held, are immune from suit and legal process in respect of all forms of seizure, confiscation, requisition, expropriation or other interference by executive, administrative, judicial or legislative action.

(3) Inviolability of premises

(1) The premises of the Organisation have the like inviolability as, in accordance with the 1961 Convention Articles, is accorded in respect of the premises of a diplomatic mission.

(2) Any person having the authority to enter any place under any legal provision must not exercise that authority in respect of the premises of the Organisation unless permission to do so has been given by the Secretary General or by another designated person acting on behalf of the Secretary General.

(3) For the purpose of sub-paragraph (2), permission may be presumed in the event of an uncontrolled fire or other similar disaster which immediately threatens public safety and requires prompt protective action, for the limited purpose of taking such protective action as may be necessary to remove the immediate threat to public safety.

(4) In this paragraph, the “premises of the Organisation” means the land, buildings and parts of the buildings used by the Organisation on a permanent or temporary basis in order to carry out its Official Activities.

(4) Inviolability of archives

(1) The archives of the Organisation have the like inviolability as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives of a diplomatic mission.

(2) In this paragraph, the “archives of the Organisation” means all records, correspondence, papers, documents, manuscripts, photographs, films, recordings, computer programmes, video tapes, discs and data, including in electronic form, or held in any other media, belonging to or held by the Organisation where related to its Official Activities and all information contained therein.

(5) Exemption from devolved taxes

Within the scope of its Official Activities, the Organisation is exempt from all direct devolved and local taxes, on its assets, property, income, gains, operations and transactions except for the proportion of any non-domestic rates charged for specific public services rendered.

(6) Customs treatment

(1) The Organisation is exempt from all prohibitions and restrictions on the importation or exportation of goods imported or exported by the Organisation for its...

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