APPENDIX TO THE REPORT
Memorandum from the Ministry of Defence, dated 6 April 1999
1. On 2 February 1998 the Committee published
its Second Report, which considered the draft Visiting Forces
and International Headquarters (Application of Law) (Amendment)
Order 1998 (HC 521). The report noted that MoD was engaged in
a full revision of its parent Order, the Visiting Forces and International
Headquarters (Application of Law) Order 1965. The review is now
complete. The draft revised Order preserves the principles of
the 1965 Order, and applies them to current legislation. It does
not introduce any substantive new provisions.
2. The International Headquarters and Defence
Organisations (Designations and Privileges) Order 1965 is, to
a large extent, complementary and is also out of date. A draft
amendment Order has been prepared, which it is intended to lay
before Parliament at the same time as the draft revised Application
of Law Order.
3. The aim of this memorandum, which supplements
the usual Explanatory Memorandum, is to outline for the Defence
Committee the provisions of both draft Orders in Council prior
to them being laid before Parliament.
DRAFT VISITING FORCES AND INTERNATIONAL HEADQUARTERS
(APPLICATION OF LAW) ORDER 1999
4. The principle under which NATO countries grant
legal immunities and privileges to visiting forces from other
members of the Alliance is set out in the 1951 NATO Status of
Forces Agreement (SOFA). In UK law these provisions are put into
effect in the main by the Visiting Forces Act 1952 and the Visiting
Forces (Application of Law) Order 1965.
5. The 1965 Application of Law Order applies
certain elements of domestic legislation
to visiting forces and headquarters, as if they
were part of the home forces. This enables us to meet our NATO
SOFA obligations, although the Order also includes other provisions
that are a matter of international arrangement and custom and
practice. In either case these are necessary for the efficient
operation and organisation of visiting forces and headquarters
in the UK. The draft revised Order brings these provisions up
to date.
6. It also completes the process begun by the
amendment Order last year of bringing PfP countries within the
provisions of the Order, once individual Governments have ratified
the PfP Status of Forces Agreement (SOFA). It also substantially
completes the legislative process necessary to enable the UK Government
to ratify the Agreement, which will enable the UK's armed forces
to enjoy similar immunities and privileges while engaged in exercises
in Partner countries.
7. A summary of the main provisions of the draft
Order is attached at Annex A.
DRAFT INTERNATIONAL HEADQUARTERS AND DEFENCE ORGANISATIONS
(DESIGNATIONS AND PRIVILEGES) (AMENDMENT) ORDER 1999
8. The draft Order updates the list of headquarters
designated by the International Headquarters and Defence Organisations
(Designations and Privileges) Order 1965. The 1965 Order, together
with the International Headquarters and Defence Organisations
Act 1964 under which it is made, substantially implements the
UK's obligations under the 1952 Protocol to the NATO SOFA on the
status of international military headquarters (the Paris Protocol).
9. The 1965 Order lists in a Schedule those headquarters
designated under the 1964 Act. The main effect of this designation
is to extend the Visiting Forces Act 1952 to all headquarters
listed, and their members. It is only headquarters designated
under the 1964 Act which may be included within the scope of the
Application of Law Order (above).
10. The 1965 Order also confers on headquarters
the legal
capacity of a corporation;
immunity
from suit and legal process;
inviolability
of official archives.
All these privileges apply to the Supreme Headquarters,
which are listed in Part I of the Schedule to the 1965 Order.
The remaining headquarters, listed in Part II of the Schedule,
benefit only from inviolability of archives.
11. The draft Order substitutes a new Part II
of the Schedule. The majority of those headquarters listed in
the new Part II have been included previously, but the new entries
are:
(a) HQ Maritime Air Forces North West
(b) HQ Submarine Forces North West
(c) HQ UK-Netherlands Amphibious Force
(d) HQ UK-Netherlands Landing Force.
12. Headquarters designated previously, but which
have now lapsed and are no longer listed, are:
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