{
  "url": "https://openlegislation.uk/draft-international-organisations-immunities-and-privileges-scotland-amendment-order-2025/schedule-2",
  "json_url": "https://openlegislation.uk/draft-international-organisations-immunities-and-privileges-scotland-amendment-order-2025/schedule-2.json",
  "legislation": "sdsi/2025/9780111061695",
  "legislation_title": "The International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2025",
  "legislation_url": "https://openlegislation.uk/draft-international-organisations-immunities-and-privileges-scotland-amendment-order-2025",
  "path": "schedule/2",
  "kind": "schedule",
  "number": "2",
  "heading": null,
  "text": "“SCHEDULE 22\nGLOBAL COMBAT AIR PROGRAMME INTERNATIONAL GOVERNMENT ORGANISATION\nInterpretation\n1. (1) In this schedule—\n“the 1961 Convention Articles” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in schedule 1 of the Diplomatic Privileges Act 1964,\n“the Chief Executive” means the Chief Executive referred to in Article 14(1) of the Convention,\n“classified information” has the same meaning as in Article 52(3) of the Convention,\n“the Convention” means the Convention on the Establishment of the “Global Combat Air Programme - GCAP International Government Organisation” signed on 14 December 2023,\n“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),\n“the Directors” means the Directors of the GCAP Agency referred to in Article 14(2) of the Convention,\n“GCAP” has the same meaning as in Article 1(2) of the Convention,\n“the GCAP Agency” means the agency of the GIGO referred to in Article 3(1)(b) of the Convention,\n“the GIGO” means the GCAP International Government Organisation established by Article 1(1) of the Convention,\n“member of Agency Personnel” means a person who has a written arrangement with the GCAP Agency to work directly for it in accordance with Article 15(2) of the Convention,\n“Official Activities” in relation to the GIGO means the activities that the GIGO undertakes pursuant to the Convention, including any administrative activities in support of those activities,\n“premises of the GIGO” means any land, building or part of a building in the United Kingdom occupied by the GIGO on a permanent or temporary basis as specified in an arrangement or notification referred to in Article 10(2) of the Convention,\n“representative of a Party” means—\n(a) a member of the Steering Committee,\n(b) a member of a subordinate committee established by the Steering Committee, or\n(c) an individual designated by a Party as a national auditor pursuant to the Convention,\n“the Steering Committee” means the committee of the GIGO referred to in Article 3(1)(a) of the Convention.\n(2) For the purposes of this schedule, “the Parties” or “a Party” have the meaning they have in the Convention.\nImmunity of the GIGO\n2. (1) The GIGO has immunity from suit and legal process.\n(2) Sub-paragraph (1) does not apply in the following cases—\n(a) a dispute arising out of a contract with the GIGO that does not provide for arbitration or an alternative binding mechanism of dispute resolution,\n(b) a counterclaim or application directly connected with court proceedings initiated by the GIGO,\n(c) a road traffic offence involving a motor vehicle or other mode of transport belonging to, or operated on behalf of, the GIGO, or\n(d) a civil action brought against the GIGO by a third party for damages, resulting from an accident caused by a motor vehicle or other mode of transport belonging to, or operated on behalf of, the GIGO.\n(3) The property, funds and assets of the GIGO, wherever located and by whomever held, are immune from suit and legal process in respect of all forms of search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.\nInviolability of premises\n3. (1) The premises of the GIGO have the like inviolability as, in accordance with the 1961 Convention Articles, is accorded in respect of the premises of a diplomatic mission.\n(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 GIGO except with the consent, or at the request, of the Chief Executive.\n(3) The consent or request referred to in sub-paragraph (2) may be subject to compliance with such conditions as may be imposed by the Chief Executive.\n(4) For the purpose of sub-paragraph (2), permission may be presumed in the event of a fire or other emergency that requires prompt protective action, or where a public authority has reason to believe that such a fire or other emergency has occurred, or is about to occur, in the premises of the GIGO.\nInviolability of archives\n4. (1) The archives of the GIGO have the like inviolability as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives of a diplomatic mission.\n(2) In this paragraph, the “archives of the GIGO” includes all records, correspondence, documents, manuscripts, photographs, films and recordings belonging to or held by the GIGO and all the information contained therein.\nTaxes and customs treatment\n5. (1) Within the scope of its Official Activities, the GIGO is exempt from all direct devolved and local taxes on its assets, property and income except for the proportion of any non-domestic rates charged for public services rendered.\n(2) The GIGO is exempt from all prohibitions and restrictions on the importation or exportation of goods imported or exported by the GIGO for its Official Activities.\n(3) Sub-paragraph (2) does not apply as respects the matters reserved by virtue of Section C5 (import and export control) of Part 2 of schedule 5 of the Scotland Act 1998.\nRepresentatives of the Parties\n6. (1) A representative of a Party has the following privileges and immunities while exercising their functions and throughout their journey to and from where a meeting is held by the GIGO—\n(a) immunity from personal arrest or detention,\n(b) immunity from suit and legal process in respect of words spoken or written and all acts performed by them in their official capacity, and\n(c) the like inviolability as, in accordance with the 1961 Convention Articles, is accorded to a diplomatic agent in respect of official papers and documents.\n(2) The immunity granted under sub-paragraph (1)(b) continues to apply to the person after they cease to be a representative of a Party.\n(3) This paragraph does not apply to any person as the representative of the United Kingdom, or of His Majesty’s Government in the United Kingdom.\nAgency Personnel\n7. (1) A member of Agency Personnel has the following privileges and immunities—\n(a) immunity from suit and legal process in respect of words spoken or written and all acts performed by them in their official capacity,\n(b) the like inviolability as, in accordance with the 1961 Convention Articles, is accorded to a diplomatic agent in respect of official papers and documents,\n(c) exemption from income tax in respect of salaries and emoluments paid to them by the GIGO,\n(2) The immunity granted under sub-paragraph (1)(a) continues to apply to the person after they cease to be a member of Agency Personnel.\n(3) Sub-paragraph (1)(c) does not apply as respect the matters reserved by virtue of Section A1 (fiscal, economic and monetary policy) of Part 2 of schedule 5 of the Scotland Act 1998.\nSocial security and welfare\n8. (1) For the purposes of the enactments relating to social security—\n(a) services rendered for the GIGO by a member of Agency Personnel are deemed to be excepted from any class of employment in respect of which contributions or premiums under those enactments are payable, but\n(b) no person is rendered liable to pay any contribution or premium which that person would not be required to pay if those services were not deemed to be so excepted.\n(2) Sub-paragraph (1) applies to a member of the family forming part of the household of the Agency Personnel unless they are employed or self-employed in the United Kingdom or otherwise entitled to benefits paid by domestic social security bodies of the United Kingdom.\n(3) A member of Agency Personnel is not entitled to any benefits paid by domestic social security bodies for so long as they enjoy the exemption referred to in sub-paragraph (1).\n(4) This paragraph does not apply as respects the matters reserved by virtue of Head F (social security) of Part 2 of schedule 5 of the Scotland Act 1998.\nRoad traffic offences etc.\n9. (1) No immunity conferred on a person by a relevant provision of this schedule applies in relation to—\n(a) a road traffic offence committed by the person, or\n(b) a civil action brought against the person by a third party for damages resulting from an accident caused by a motor vehicle or other mode of transport belonging to, or operated by, the person.\n(2) In this paragraph, “relevant provision of this schedule” means—\n(a) paragraph 6(1)(b) (the immunity of a Representative of a Party from suit and legal process), or\n(b) paragraph 7(1)(a) (the immunity of a member of Agency Personnel from suit and legal process).\nBritish nationals and permanent residents\n10. The privileges and immunities referred to in the following provisions do not apply to a person if that person is a British citizen, British overseas territories citizen, British Overseas citizen, British National (Overseas) or a permanent resident of the United Kingdom—\n(a) paragraph 6(1) (privileges and immunities of a Representative of a Party),\n(b) paragraph 7(1)(a) (the immunity of a member of Agency Personnel from suit and legal process), in respect of an offence relating to the disclosure, release, dissemination, sharing or provision of access to classified information,\n(c) paragraph 7(1)(c) (exemption from any taxation on salaries and emoluments of a member of Agency Personnel),\n(d) paragraph 8(1) (social security exceptions for a member of Agency Personnel),\n(e) paragraph 8(2) (social security exceptions for members of the family forming part of the household of a member of Agency Personnel).\nDisapplication in respect of official staff or family members\n11. Part 4 of schedule 1 of the International Organisations Act 1968 does not operate so as to confer any privileges or immunity on—\n(a) a member of the official staff of any person granted privileges and immunities under paragraphs 6 to 8 (immunities, privileges and exemptions of representatives and agency personnel),\n(b) a member of the family of any person granted privileges and immunities under paragraphs 6 to 8,\n(c) a member of the family of a member of the official staff of any person granted privileges and immunities under paragraphs 6 to 8.\nWaiver\n12. (1) The Chief Executive may waive any privilege or immunity granted under this schedule—\n(a) under paragraphs 2 to 5, or\n(b) in relation to a member of Agency Personnel or a member of their family forming part of their household, or both.\n(2) The Steering Committee may waive any privilege or immunity granted under this schedule in relation to—\n(a) the Chief Executive, or\n(b) the Directors.\n(3) A Party may waive any privilege or immunity granted under this schedule in relation to a representative of that Party.\n(4) For the purposes of paragraph (1)(a), waiver of immunity from suit and legal process in respect of civil or administrative proceedings will not be held to imply waiver of immunity in respect of the execution of judgment, for which a separate waiver by the Steering Committee will be necessary.”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1964 c. 81. Schedule 1 was amended by paragraph 1 of schedule 2 of the Diplomatic and Consular Premises Act 1987 (c. 46)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Available at https://assets.publishing.service.gov.uk/media/657b1171095987001295e109/GIGO_treaty.pdf."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1998 c. 46. Section A1 was amended by section 23(5) of the Scotland Act 2012 (c. 11)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1968 c. 48."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2025/9780111061695/schedule/2",
    "retrieved_at": "2026-10-30T15:28:54.870505+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}