The Unified Patent Court (Immunities and Privileges) Order 2018

JurisdictionUK Non-devolved
CitationSI 2018/184

2018 No. 184

International Immunities And Privileges

The Unified Patent Court (Immunities and Privileges) Order 2018

Made 8th February 2018

Coming into force in accordance with article 1(1)

At the Court at Buckingham Palace, the 8th day of February 2018

Present,

The Queen’s Most Excellent Majesty in Council

This Order is made in exercise of the powers conferred by sections 1 and 5 of the International Organisations Act 1968 (“the Act”)1.

A draft of this Order has been approved by resolution of each House of Parliament pursuant to section 10(1) of the Act2.

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

1 General

PART 1

General

S-1 Citation, commencement, extent and application

Citation, commencement, extent and application

1.—(1) This Order may be cited as the Unified Patent Court (Immunities and Privileges) Order 2018 and comes into force on the date on which the Protocol enters into force in accordance with Article 18 of the Protocol3.

(2) The Order extends to the whole of the United Kingdom subject to paragraph (3).

(3) Article 9 extends to England and Wales and Northern Ireland only4.

(4) In Scotland—

(a)

(a) articles 5, 6, 7, 11, 16, 17 and 18 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 8 does 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 19985.

S-2 Interpretation

Interpretation

2. In this Order—

“the Agreement” means the Agreement on a Unified Patent Court done in Brussels on 19th February 20136;

“Committee” means any of the Administrative Committee, the Budget Committee and the Advisory Committee established under Article 11 of the Agreement;

“the Court” means the Unified Patent Court established under Article 1 of the Agreement;

“Deputy-Registrar” means the Deputy-Registrar appointed under Article 25 of the Statute;

“Judge” means a Judge of the Court;

“official activities” in relation to the Court means the activities that are necessary for the purposes and functions conferred upon it by the Agreement and the Statute;

“premises of the Court” means land and buildings made available to the Court by a State party to the Agreement in accordance with Article 37 of the Agreement and used for the official activities of the Court;

“the Presidium” means the Presidium referred to in Article 15 of the Statute;

“the Protocol” means the Protocol on Privileges and Immunities of the Unified Patent Court done in Brussels on 29th June 20167;

“Registrar” means the Registrar appointed under Article 22 of the Statute;

“Staff” means all personnel employed by the Court as officials and other servants of the Court except the Judges, Registrar and Deputy-Registrar;

“State Party” means a State party to the Protocol; and

“the Statute” means the Statute of the Court as set out in Annex I of the Agreement.

2 The Court

PART 2

The Court

S-3 The Court is an organisation of which the United Kingdom and...

3. The Court is an organisation of which the United Kingdom and other sovereign Powers are members.

S-4 The Court has the legal capacities of a body corporate.

The Court has the legal capacities of a body corporate.

4. The Court has the legal capacities of a body corporate.

3 Immunities, privileges, reliefs and exemptions of the Court

PART 3

Immunities, privileges, reliefs and exemptions of the Court

S-5 Subject to paragraph (2), the Court has immunity from suit and...

5.—(1) Subject to paragraph (2), the Court has immunity from suit and legal process except to the extent that it expressly waives such immunity.

(2) The immunity of the Court under paragraph (1) does not apply in respect of—

(a)

(a) any civil action brought against it—

(i) with respect to contractual liability brought by persons other than the Judges, Registrar, Deputy-Registrar or the Staff of the Court;

(ii) with respect to non-contractual liability except where the claim is based on the performance of the Court’s jurisprudence; and

(iii) by a third party for damages resulting from an accident caused by a motor vehicle belonging to, or operated on behalf of, the Court; or

(b)

(b) a motor traffic offence involving such a vehicle.

S-6 The official archives of the Court have the like inviolability...

6. The official archives of the Court have the like inviolability as is accorded in respect of the official archives of a diplomatic mission in accordance with the 1961 Convention Articles.

S-7 Subject to paragraph (2), the premises of the Court have the...

7.—(1) Subject to paragraph (2), the premises of the Court have the like inviolability as is accorded in respect of the premises of a diplomatic mission in accordance with the 1961 Convention Articles.

(2) The inviolability of the premises of the Court does not apply to the extent that the Secretary of State is responsible for premises which have been made available to the Court by the Secretary of State.

S-8 Within the scope of its official activities, the Court is...

8. Within the scope of its official activities, the Court is exempt from all direct taxation and enjoys the exemptions and reliefs set out in articles 9 to 14.

S-9 The Court has the like relief from non-domestic rates on the...

9. The Court has the like relief from non-domestic rates on the premises of the Court as, in accordance with Article 23 of the 1961 Convention Articles, is accorded in respect of the premises of a diplomatic mission.

S-10 The Court is exempt from duties (whether of customs or excise)...

10. The Court is exempt from duties (whether of customs or excise) and taxes on the importation of goods imported by or on behalf of the Court for its official use in the United Kingdom.

S-11 The Court is exempt from prohibitions and restrictions on...

11. The Court is exempt from prohibitions and restrictions on importation or exportation in the case of goods imported or exported by the Court for its official use.

S-12 The Court has relief, under arrangements made by the...

12. The Court has relief, under arrangements made by...

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