The Square Kilometre Array Observatory (Immunities and Privileges) Order 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/1069 |
| Year | 2020 |
2020 No. 1069
International Immunities And Privileges
The Square Kilometre Array Observatory (Immunities and Privileges) Order 2020
Made 14th October 2020
Coming into force in accordance with article
At the Court at Windsor Castle, the 14th day of October 2020
Present,
The Queen’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.
A draft of this Order has been approved by resolution of each House of Parliament pursuant to section 10(1) of the International Organisations Act 19682.
Accordingly, Her Majesty is pleased, by and with the advice of Her Privy Council, to order as follows—
PART 1
General
Citation, commencement, extent and application
1.—(1) This Order may be cited as the Square Kilometre Array Observatory (Immunities and Privileges) Order 2020 and comes into force on the day on which the Convention comes into force in accordance with Article 19(2) of the Convention3.
(2) This Order extends to the whole of the United Kingdom subject to paragraphs (3) and (4).
(3) Article 8 extends to England and Wales and Northern Ireland only4.
(4) In Scotland—
(a)
(a) articles 5, 6, 14, 15 and 16 do not apply in so far as they would, if included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament;
(b)
(b) article 7 and, to the extent that it applies to article 7, article 13 do not apply to 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 to the Scotland Act 1998)5.
Interpretation
2. In this Order—
“the Convention” means the Convention establishing the Square Kilometre Array Observatory done in Rome on 12th March 20196;
“the Council” means the governing body of the Observatory as established by Article 8 of the Convention;
“expert” means a person named by the Observatory as being in the service of the Observatory for a defined period of time;
“member of staff” means members of staff of, or secondees to, the Observatory;
“the Observatory” means the Square Kilometre Array Observatory established under the Convention; and
“official activities” means all activities undertaken pursuant to the Convention including the Observatory’s administrative activities.
PART 2
The Observatory
3. The Observatory is an organisation of which the United Kingdom and other sovereign Powers are members.
The Observatory has the legal capacities of a body corporate.
4. The Observatory has the legal capacities of a body corporate.
PART 3
Immunities, privileges, reliefs and exemptions of the Observatory
Immunity of the Observatory
5. Within the scope of its official activities, the Observatory has immunity from suit and legal process except—
(a) to the extent that, by a decision of its Council, the Observatory waives it in a particular case;
(b) in respect of a civil action by a third party or damage arising from an accident caused by a vehicle belonging to or operated on behalf of the Observatory or in respect of a traffic offence;
(c) in respect of an arbitration award made under Article 14 of the Convention;
(d) in the event of an attachment order, pursuant to a decision by the administrative or judicial authorities, of the salaries, wages and emoluments owed by the Observatory to a member of staff; and
(e) in respect of a counterclaim relating directly to a main claim brought by the Observatory.
Archives and premises
6. The official archives and the premises of the Observatory shall have the like inviolability as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives and premises of a diplomatic mission.
Taxes and duties
7. Within the scope of its official activities, the Observatory shall be exempt from all direct taxation and enjoys the exemptions and reliefs set out in articles 8 to 11.
8. The Observatory shall have the like relief from non-domestic rates on the premises of the Observatory as, in accordance with Article 23 of the 1961 Convention Articles, is accorded in respect of the premises of a diplomatic mission.
9. The Observatory shall be exempt from duties (whether of customs or excise) and taxes on the importation of goods or publications of the Observatory of substantial value imported by or on behalf of the Observatory for its official use in the United Kingdom.
10. The Observatory shall have relief under arrangements made by the Commissioners for Her Majesty’s Revenue and Customs by way of refund of duty (whether customs or excise) paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 19797) or value added tax paid on the importation of such oil which is bought in the United Kingdom and is used for its official activities.
11. The Observatory shall have relief under arrangements made by the Secretary of State by way of refund of car tax paid on any vehicle used for its official purposes and value added tax paid on the supply of any goods or services of substantial value which are supplied for its official activities, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
12. The exemption and reliefs granted...
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