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

The International Organisations (Immunities and Privileges) (Scotland) Order 2009^f1 is amended as follows.

After schedule 1A^f2, insert schedule 1B (European Space Agency) set out in the schedule of this Order.

Schedule 15 (European Organisation for Astronomical Research in the Southern Hemisphere)^f3 is amended in accordance with paragraphs (4) to (6).

In paragraph 1 (interpretation), at the end, insert—

• ““devolved or local taxes” means any 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 of the Scotland Act 1998^f4).”.

For paragraph 7 (high officers) substitute—

“High Officers

7.

(1)

Except in so far as in any particular case any immunity or privilege is waived by the Council of the Organisation, the Director-General of the Organisation and the person appointed to act in place of the Director-General in accordance with Article 6 of the Convention enjoy—

(a)

the like—

(i)

immunity from suit and legal process,

(ii)

inviolability of residence, and

(iii)

exemption or relief from devolved or local taxes, other than duties (whether of customs or excise) and taxes on the importation of goods, and rates,

as are accorded to or in respect of the head of a diplomatic mission,

(b)

the like exemption and privileges in respect of their personal baggage as in accordance with Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent,

(c)

exemptions whereby, for the purposes of the enactments relating to social security—

(i)

services rendered for the Organisation are deemed to be excepted from any class of employment in respect of which contributions under those enactments are payable, but

(ii)

no person is to be rendered liable to pay any contribution which that person would not be required to pay if those services were not deemed to be so excepted.

(2)

Sub-paragraph (1)(a) does not apply as respects the matters reserved by virtue of Section C5 (import and export) of Part 2 of schedule 5 of the Scotland Act 1998.

(3)

Sub-paragraph (1)(c) does not apply as respects the matters reserved by virtue of Section F (social security) of Part 2 of schedule 5 of the Scotland Act 1998.

(4)

Part 4 (privileges and immunities of official staffs and of families of representatives, high officers and official staffs) of schedule 1 (privileges and immunities) of the 1968 Act does not operate so as to confer any privilege or immunity on the families of an officer to whom this paragraph applies, except to the extent that members of families of such officers forming part of their households enjoy immunity from suit and legal process.

(5)

Subject to sub-paragraphs (6) and (7), sub-paragraph (1)(a) to (c) does not apply to any person who is a British citizen, British overseas territories citizen, British Overseas citizen, British National (Overseas) or permanent resident of the United Kingdom.

(6)

Sub-paragraph (1)(a)(i) applies to any person who is a British citizen, British overseas territories citizen, British Overseas citizen, British National (Overseas) or permanent resident of the United Kingdom, in respect of things done or omitted to be done by them in the course of performance of official duties, except in the case of motor traffic offences committed by them or of damage caused by a motor vehicle belonging to or driven by them.

(7)

Sub-paragraph (1)(a)(iii) applies to any person who is a British citizen, British overseas territories citizen, British Overseas citizen, British National (Overseas) or permanent resident of the United Kingdom only in respect of exemption from devolved or local taxes on emoluments received as an officer of the Organisation, provided that nothing in this sub-paragraph is to be interpretated as precluding such emoluments from being taken into account for the purposes of assessing the amount of taxation to be applied to income from other sources.”.

For paragraph 8 (all other officers) substitute—

“All other officers

8.

(1)

Except in so far as in any particular case any immunity or privilege is waived by the Director-General of the Organisation or the person appointed to act in place of the Director General in accordance with Article 6 of the Convention, the members of staff of the Organisation, other than high officers to whom paragraph 7 applies, enjoy—

(a)

immunity from suit and legal process in respect of things done or omitted to be done by them in the course of performance of official duties, except in the case of motor traffic offences committed by them or of damage caused by a motor vehicle belonging to or driven by them,

(b)

exemption from devolved or local taxes in respect of emoluments received as an officer or servant of the Organisation, provided that nothing in this paragraph is to be interpreted as precluding such emoluments from being taken into account for the purposes of assessing the amount of taxation to be applied to income from other sources,

(c)

exemptions whereby for the purposes of the enactments relating to social security—

(i)

services rendered for the Organisation are deemed to be excepted from any class of employment in respect of which contributions under those enactments are payable, but

(ii)

no person is to be rendered liable to pay any contribution which that person would not be required to pay if those services were not deemed to be so excepted.

(2)

Part 4 of schedule 1 of the 1968 Act does not operate so as to confer any immunity or privilege on the families of the officers to whom this paragraph applies, except to the extent that members of families of such officers forming part of their households enjoy immunity from suit and legal process to the extent enjoyed by such officers under sub-paragraph (1)(a).

(3)

Sub-paragraph (1)(c) does not apply as respects the matters reserved by virtue of Section F (social security) of Part 2 of schedule 5 of the Scotland Act 1998.”.