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United Kingdom Statutory Instruments


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2004 No. 1282

INTERNATIONAL IMMUNITIES AND PRIVILEGES

The Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (Immunities and Privileges) Order 2004

  Made 6th May 2004 
  Coming into force in accordance with Article 1

At the Court at Buckingham Palace, the 6th day of May 2004

Present,

The Queen's Most Excellent Majesty in Council

Whereas this Order has been laid before Parliament in accordance with section 10 of the International Organisations Act 1968[1] ("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 Act[2] 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:



PART I

General

     1. This Order may be cited as the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (Immunities and Privileges) Order 2004. It shall come into force on the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization on the conduct of activities, including post-certification activities, relating to International Monitoring Facilities for the Comprehensive Nuclear-Test-Ban Treaty, adopted at Vienna on 12th November 1996[3] enters into force. This date shall be notified in the London, Edinburgh and Belfast Gazettes.

     2. In this Order:



PART II

The Commission

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

    
4. The Commission shall have the legal capacities of a body corporate.

    
5. The Commission shall enjoy immunity from suit and legal process, including in respect of its property and assets, except in so far as the Commission has expressly waived such immunity in any particular case. No waiver of immunity shall be deemed to extend to any measure of execution.

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

    
7. Within the scope of its official activities, the Commission shall have exemption from taxes on income and capital gains, including in respect of its property and income.

    
8. The Commission shall have the like relief from non-domestic rates on its official premises as, in accordance with Article 23 of the 1961 Convention Articles, is accorded in respect of the premises of a diplomatic mission.

    
9. The Commission 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 vehicles which are necessary for the official activities of the Commission, and of value added tax paid on the supply of any other goods and services of substantial value which are necessary for the official activities of the Commission, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.

    
10. The Commission shall have relief, under arrangements made by the Secretary of State, by way of refund of insurance premium tax and air passenger duty paid by the Commission in the exercise of its official activities.

    
11. The Commission shall have exemption from duties (whether of customs or excise) and taxes on the importation of goods imported by the Commission and necessary for the exercise of its official activities, such exemption to be subject to compliance with such conditions as the Commissioners of Customs and Excise may prescribe for the protection of the Revenue.

    
12. The Commission shall have exemption from prohibitions and restrictions on importation or exportation of goods by the Commission and necessary for the exercise of its official activities, and in the case of any publication of the Commission imported or exported by it within the scope of its official activities, except where the prohibitions or restrictions arise from European Community law.

    
13. The Commission shall have relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of duty (whether of customs or excise) paid on imported hydrocarbon oil within the meaning of the Hydrocarbon Oil Duties Act 1979[7] or value added tax paid on the importation of such oil which is bought in the United Kingdom by the Commission and necessary for the exercise of its official activities, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.



PART III

Representatives

     14.  - (1) Except in so far as in any particular case any privilege or immunity is waived by the Member which they represent, representatives at the meetings of the Commission shall enjoy, while exercising their functions and in the course of their journeys to and from the place of meeting: - 

    (2) Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on the official staff of representatives, other than their alternate representatives and advisers.

    (3) Neither the provisions of the proceeding 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 delegation of the United Kingdom or on any person who is a British citizen, a British overseas territories citizen, a British Overseas citizen, or a British National (Overseas).

    (4) Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on families of representatives.



PART IV

Staff Members

Executive Secretary
    
15.  - (1) Except in so far as in any particular case any privilege or immunity is waived by the Commission, the Executive Secretary shall enjoy: - 

    (2) Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on the family of the Executive Secretary, other than his spouse and minor children forming part of his household to whom paragraph (1) of this Article shall apply.

Staff Members
    
16.  - (1) Except in so far as in any particular case any privilege or immunity is waived by the Executive Secretary, all staff members shall enjoy: - 

    (2) Paragraph (1)(b) of this Article shall not apply to pensions or annuities paid by the Commission.



PART V

Experts

    
17. Except in so far as in any particular case any privilege or immunity is waived by the Executive Secretary, experts (other than staff members) serving on committees of or performing missions for the Commission shall enjoy: - 


A.K.Galloway
Clerk of the Privy Council


EXPLANATORY NOTE

(This note is not part of the Order)


This Order confers privileges and immunities upon the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization, on representatives of its Members, its staff members and experts. These privileges and immunities are conferred in accordance with the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization on the conduct of activities, including post-certification activities, relating to International Monitoring Facilities for the Comprehensive Nuclear-Test-Ban Treaty (Cm. 4675). The Order will enable Her Majesty's Government to give effect to that Agreement and will come into force on the date on which that Agreement enters into force.


Notes:

[1] 1968 c. 48.back

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

[3] Cm. 4675.back

[4] 1964 c. 81.back

[5] Treaty Series No. 46 (1999) Cm. 4399.back

[6] Cm. 3665.back

[7] 1979 c. 5.back



ISBN 0 11 049270 6


  © Crown copyright 2004

Prepared 13 May 2004


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URL: http://www.bailii.org/uk/legis/num_reg/2004/20041282.html