International Organisations Bill [HL]

House of Commons

Session 2004 - 05
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Other Bills before Parliament

International Organisations Bill [HL]

International Organisations Bill [HL]
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[NOTE: The words marked in bold type were inserted by the Lords to avoid
questions of privilege.]
A
Bill
To
Make provision about privileges, immunities and facilities in connection with
certain international organisations.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
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Commonwealth Secretariat
(1)
In the Commonwealth Secretariat Act 1966 (c. 10) the following provisions
(which limit the privileges and immunities of the Secretariat) are omitted—
(a)
in section 1, subsections (3) and (4), and
(b)
in the Schedule, paragraph 1(1)(b) and the word “and” before it.
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(2)
In Schedule 3 to the Arbitration Act 1996 (c. 23) (consequential amendments),
paragraph 23 is omitted.
(3)
This section does not have effect in relation to any written contract entered into
by or on behalf of the Commonwealth Secretariat before this section comes into
force.
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(4)
“The Commonwealth Secretariat” has the same meaning as in the
Commonwealth Secretariat Act 1966.
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Commonwealth Secretariat Arbitral Tribunal
(1)
The Commonwealth Secretariat Act 1966 is amended as follows.
(2)
In section 1(2) (immunities and privileges), after “their families” insert “and the
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President and members of the Commonwealth Secretariat Arbitral Tribunal”.
(3)
In the Schedule (immunities and privileges)—
(a)
in paragraph 6, after “of this Schedule” there is inserted “, and the
President and members of the Commonwealth Secretariat Arbitral
Tribunal,”, and
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(b)
in paragraph 8, after “their families” there is inserted “and on the
President and members of the Commonwealth Secretariat Arbitral
Tribunal”.
(4)
If the Commonwealth Secretariat Arbitral Tribunal is replaced by a successor,
the Secretary of State may by order made by statutory instrument amend the
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Commonwealth Secretariat Act 1966 (c. 10) in whatever way he considers
appropriate for the purpose of conferring, in relation to the successor,
immunities and privileges equivalent to those conferred by virtue of
subsections (2) and (3).
(5)
No order under subsection (4) may be made unless a draft of the statutory
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instrument containing the order has been laid before, and approved by
resolution of, each House of Parliament.
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Commonwealth Secretariat: income tax
In the Schedule to the Commonwealth Secretariat Act 1966 (immunities and
privileges)—
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(a)
in paragraph 5(1) the words from “except that” to the end are omitted,
(b)
after paragraph 5 there is inserted—
“5A   (1)
With effect from the relevant day, the officers and servants of
the Commonwealth Secretariat are exempt from income tax
in respect of the salaries and emoluments received by them in
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that capacity.
      (2)
The relevant day is the day specified by the Secretary of State
as the day from which the officers and servants of the
Commonwealth Secretariat become subject to internal
income tax imposed by the Secretariat for its benefit.
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      (3)
Sub-paragraphs (1) and (2) do not apply to any pension or
annuity paid by the Commonwealth Secretariat to any
person who has ceased to be an officer or servant of the
Secretariat.
      (4)
This paragraph applies to senior officers of the
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Commonwealth Secretariat in place of any exemption from
liability for income tax in respect of the salaries and
emoluments received by them in that capacity to which (but
for this sub-paragraph) they would be entitled by virtue of
paragraph 5(1) of this Schedule.”
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4
Organization for Security and Co-operation in Europe
(1)
If at any time the Organization for Security and Co-operation in Europe (“the
OSCE”) is not for the purposes of section 1 of the International Organisations
Act 1968 (c. 48) (“the 1968 Act”) an organisation of which—
(a)
the United Kingdom, or Her Majesty’s Government in the United
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Kingdom, and
(b)
at least one other sovereign Power, or the Government of such a Power,

are members, it is to be treated for those purposes as such an organisation.
(2)
Any agreement or formal understanding between the United Kingdom or Her
Majesty’s Government in the United Kingdom and any other sovereign Power
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International Organisations Bill [HL]
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or the Government of such a Power and relating to the OSCE is to be treated
for the purposes of section 1(5) and (6)(a) of the 1968 Act as an agreement
between the United Kingdom and the OSCE.
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Bodies established under Treaty on European Union
After section 4A of the 1968 Act there is inserted—
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“4B
Bodies established under Treaty on European Union
(1)
This section applies to any body—
(a)
established under Title V (provisions on a common foreign and
security policy) or Title VI (provisions on police and judicial
cooperation in criminal matters) of the Treaty on European
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Union signed at Maastricht on 7th February 1992 as amended
from time to time; and
(b)
in relation to which the United Kingdom, or Her Majesty’s
Government in the United Kingdom, has obligations by virtue
of any instrument under that Treaty or by virtue of any
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agreement to which the United Kingdom, or Her Majesty’s
Government in the United Kingdom, is a party (whether made
with another sovereign Power or the Government of such a
Power or not).
(2)
Her Majesty may by Order in Council make any one or more of the
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following provisions in respect of a specified body to which this section
applies—
(a)
confer on the body the legal capacities of a body corporate;
(b)
provide that the body shall, to such extent as is specified, have
such specified privileges and immunities as (having regard to
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the obligations referred to in subsection (1)(b)) it is in the
opinion of Her Majesty in Council appropriate for the body to
have;
(c)
confer on such specified classes of persons mentioned in
subsection (3), to such extent as is specified, such specified
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privileges and immunities as (having regard to those
obligations) it is in the opinion of Her Majesty in Council
appropriate to confer on them.
(3)
The persons mentioned in subsection (2)(c) are—
(a)
the body’s officers or staff;
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(b)
other persons connected with the body,

and members of their families who form part of their households.
(4)
In this section, “specified” means specified in the Order in Council.”
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International Criminal Court
(1)
Paragraph 1 of Schedule 1 to the International Criminal Court Act 2001 (c. 17)
40
(supplementary provisions relating to International Criminal Court) is
amended as follows.
(2)
In sub-paragraph (2)—
(a)
at the end of paragraph (b) there is added “and members of their
families who form part of their households”,
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(b)
the word “and” at the end of paragraph (c) is omitted, and
(c)
at the end of paragraph (d) there is inserted “and
(e)
persons attending meetings of the Assembly
(including persons attending such meetings as
observers and persons invited to such meetings),”.
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(3)
After sub-paragraph (2) there is added—
    “(3)
In sub-paragraph (2)(e) “the Assembly” means the Assembly of
States Parties to the ICC statute (and includes the subsidiary organs
of that Assembly).”
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European Court of Human Rights
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Section 5 of the 1968 Act (privileges relating to international judicial
proceedings) applies to members of the family of a judge of the European
Court of Human Rights as it applies to a judge of that court.
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International Tribunal for the Law of the Sea
The International Tribunal for the Law of the Sea is to be treated for the
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purposes of section 1 of the 1968 Act (organisations of which United Kingdom
is a member) as an organisation of which—
(a)
the United Kingdom, or Her Majesty’s Government in the United
Kingdom, and
(b)
at least one other sovereign Power, or the Government of such a Power,
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are members.
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Repeals
The Schedule contains a list of enactments repealed by this Act.
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Devolution
For the purposes of the Scotland Act 1998 (c. 46), sections 4, 5, 7 and 8 of this
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Act are to be taken to be pre-commencement enactments within the meaning
of that Act.
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Short title, interpretation, commencement and extent
(1)
This Act may be cited as the International Organisations Act 2005.
(2)
In this Act “the 1968 Act” means the International Organisations Act 1968
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(c. 48).
(3)
Except for sections 1 to 3, this Act comes into force at the end of the period of
two months beginning with the day on which it is passed.
(4)
Sections 1 to 3 come into force on such day as the Secretary of State by order
made by statutory instrument appoints, and he may appoint different days for
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different purposes.
(5)
This Act extends to Northern Ireland.
(6)
Nothing in this Act shall impose any charge on the people or on public
funds, or vary the amount or incidence of or otherwise alter any such charge

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in any manner, or affect the assessment, levying, administration or
application of any money raised by any such charge.