OpenLegislation

The International Sea-Bed Authority (Immunities and Privileges) Order 1996

S.I. 1996/270 · Made 14 February 1996 · Extends to United Kingdom

Not fully up to date. 16 changes made by later legislation have not yet been written into this text, which is revised to 14 February 1996.

See the changes not yet applied
ProvisionChangeMade by
OrderrevokedInternational Organisations (Immunities and Privileges) 2009 art. 3(b)
art. 2coming into forceInternational Sea-Bed Authority (Immunities and Privileges) 1996 art. 1(2)
art. 3coming into forceInternational Sea-Bed Authority (Immunities and Privileges) 1996 art. 1(2)
art. 4coming into forceInternational Sea-Bed Authority (Immunities and Privileges) 1996 art. 1(2)
art. 5coming into forceInternational Sea-Bed Authority (Immunities and Privileges) 1996 art. 1(2)
art. 6coming into forceInternational Sea-Bed Authority (Immunities and Privileges) 1996 art. 1(2)
art. 7coming into forceInternational Sea-Bed Authority (Immunities and Privileges) 1996 art. 1(2)
art. 8coming into forceInternational Sea-Bed Authority (Immunities and Privileges) 1996 art. 1(2)
art. 1coming into forceInternational Sea-Bed Authority (Immunities and Privileges) 1996 art. 1(2)
art. 10coming into forceInternational Sea-Bed Authority (Immunities and Privileges) 1996 art. 1(2)
art. 11coming into forceInternational Sea-Bed Authority (Immunities and Privileges) 1996 art. 1(2)
art. 12coming into forceInternational Sea-Bed Authority (Immunities and Privileges) 1996 art. 1(2)
art. 14coming into forceInternational Sea-Bed Authority (Immunities and Privileges) 1996 art. 1(2)
art. 15coming into forceInternational Sea-Bed Authority (Immunities and Privileges) 1996 art. 1(2)
art. 16coming into forceInternational Sea-Bed Authority (Immunities and Privileges) 1996 art. 1(2)
art. 9coming into forceInternational Sea-Bed Authority (Immunities and Privileges) 1996 art. 1(2)

INTERNATIONAL IMMUNITIES AND PRIVILEGES

Made 14th February 1996

Coming into force in accordance with Article 1

At the Court at Buckingham Palace, the 14th day of February 1996

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been laid before Parliament in accordance with section 10 of the International Organisations Act 1968f1 (“the Act”) and has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, by virtue and in exercise of the powers conferred on Her by section 1 of the Actf2 or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Annotations to the whole text

Footnotes

f1

1968 c. 48.

f2

As amended by section 1 of the International Organisations Act 1981 (c. 9.).

Contents

  1. Part I: GENERAL Not yet in force
  2. 1Citation and Entry into Force Not yet in force
  3. 2Interpretation Not yet in force
  4. Part II: THE AUTHORITY Not yet in force
  5. 3Article 3 Not yet in force
  6. 4Article 4 Not yet in force
  7. 5Article 5 Not yet in force
  8. 6Article 6 Not yet in force
  9. 7Article 7 Not yet in force
  10. 8Article 8 Not yet in force
  11. 9Article 9 Not yet in force
  12. 10Article 10 Not yet in force
  13. 11Article 11 Not yet in force
  14. Part III: THE ENTERPRISE Not yet in force
  15. 12Article 12 Not yet in force
  16. 13Article 13 Not yet in force
  17. Part IV: REPRESENTATIVES Not yet in force
  18. 14Article 14 Not yet in force
  19. Part V: EXPERTS PERFORMING MISSIONS Not yet in force
  20. 16Article 16 Not yet in force
  21. Signature
  22. Explanatory note

1Citation and Entry into ForceI1

(1)

This Order may be cited as the International Sea-Bed Authority (Immunities and Privileges) Order 1996.

(2)

It shall, with the exception of Article 13, come into force on the date, to be notified in the London, Edinburgh and Belfast Gazettes, on which the United Nations Convention on the Law of the Sea of 10th December 1982f1 (“the Convention”) enters into force in respect of the United Kingdom.

(3)

Article 13 shall come into force on the date, to be notified in the London, Edinburgh and Belfast Gazettes, on which the Enterprise operates independently of the Secretariat of the Authority.

2InterpretationI1

In this Order:

(a)

“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 to the Diplomatic Privileges Act 1964f1;

(b)

“Authority” means the International Sea-Bed Authority established by the Convention;

(c)

“Enterprise” means the organ of the Authority referred to in Article 158(2) and Article 170 of the Convention;

(d)

“representative” means a representative of a member of the Authority attending meetings of the Assembly, the Council or organs of the Assembly or Council.

3I1

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

4I1

The Authority (including the Enterprise) shall have the legal capacities of a body corporate.

5I1

The Authority, its property and assets shall enjoy immunity from suit and legal process, except to the extent that the Authority expressly waives this immunity in a particular case.

6I1

The Authority shall have the like inviolability in respect of its premises and archives as, in accordance with the 1961 Convention Articles, is accorded in respect of the official premises and archives of a diplomatic mission.

7I1

Within the scope of its official activities, the Authority, its assets and property, its income, and its operations and transactions, authorised by the Convention, shall have exemption from income tax, capital gains tax and corporation tax.

8I1

The Authority shall have the like relief from rates as in accordance with Article 23 of the 1961 Convention Articles is accorded in respect of the premises of a diplomatic mission.

9I1

The Authority shall have exemption from customs duties and taxes on the importation of goods for its official use in the United Kingdom.

10I1

The Authority shall have relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of customs duty paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979f1) or value added tax paid on the importation of such oil which is bought in the United Kingdom and used for the official purposes of the Authority, such relief to be subject to the compliance with the conditions as may be imposed in accordance with the arrangements.

11I1

The Authority shall have relief, under arrangements made by the Secretary of State, by way of refund of value added tax paid on the purchase of new motor vehicles of United Kingdom manufacture and of value added tax on the supply of any goods or services which are used for the official purposes of the Authority, such relief to be subject to compliance with the conditions as may be imposed in accordance with the arrangements.

12I1

Artices 5 to 11 of this Order shall not apply to the Enterprise.

13I1

Except to the extent that the Enterprise shall have waived such immunity, the Enterprise shall have immunity from suit and legal process—

(a)

where the Enterprise has no office in the United Kingdom, has not appointed any agent in the United Kingdom for the purpose of accepting service or notice of process, has not entered into a contract for goods or services in the United Kingdom, has not issued securities in the United Kingdom and has not otherwise engaged in commercial activity in the United Kingdom;

(b)

in respect of all forms of seizure, attachment or execution before the delivery of final judgment against the Enterprise; and

(c)

in respect of the requisition, confiscation, expropriation or any other form of seizure of property or assets of the Enterprise wherever located and by whomsoever held.

14I1

(1)

Representatives shall enjoy immunity from suit and legal process with respect to acts performed by them in the exercise of their functions, except to the extent that the State which they represent expressly waives this immunity in a particular case.

(2)

Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on—

(a)

the official staff of a representative other than alternate representatives and advisers, or

(b)

the family of a representative.

(3)

Neither the preceding paragraphs of this Article nor Part IV of Schedule 1 to the Act shall operate so as to confer any privilege or immunity on any person as the representative of the United Kingdom or as a member of the official staff of such a representative or on any person who is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, or a British National (Overseas).

16I1

Experts perfoming missions for the Authority who are not British citizens, British Dependent Territories citizens, British Overseas citizens, or British Nationals (Overseas) shall enjoy exemption from income tax in respect of emoluments received by them from the Authority.

Signature

N. H. Nicholls

Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order confers privileges and immunities on the International Sea-Bed Authority, its officials, representatives of its members and experts performing missions for it, and on the Enterprise, an organ of the Authority. These privileges and immunities are conferred in accordance with the United Nations Convention on the Law of the Sea (Cmnd. 8941). The Order will enable Her Majesty’s Government to give effect to that Convention, and will come into force, with the exception of Article 13, on the date on which the Convention enters into force in respect of the United Kingdom. Article 13 will come into force when the Enterprise operates independently of the Secretariat of the Authority.