The International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2024

Article 2(2)

SCHEDULE

“SCHEDULE 1B EUROPEAN SPACE AGENCY

Interpretation

1.   In this schedule—

“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(1),

“the Agency” means the European Space Agency as established by the Convention,

“the Convention” means the Convention on the Establishment of a European Space Agency(2),

“devolved or local taxes” means devolved taxes or 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(3),

“Official Activities” of the Agency includes its administrative activities and those undertaken in the field of space research and technology and their space applications in pursuance of the purposes of the Agency as defined in the Convention.

The Agency

2.— (1) The Agency has immunity from suit and legal process except—

(a) to the extent that the Agency has expressly waived such immunity in a particular case,

(b) in respect of a civil action by a third party for damage arising from an accident caused by a motor vehicle belonging to or operated on behalf of the Agency, or in respect of a motor traffic offence involving such a vehicle,

(c) in respect of enforcement of an arbitration award made under Article 25 or 26 of Annex 1 to the Convention, and

(d) in respect of an attachment order against the salaries, wages and emoluments owed by the Agency to a member of staff.

(2) Sub-paragraph (1) does not prevent the taking of such measures as may be permitted by law in relation to the property and assets of the Agency in so far as they may be temporarily necessary in connection with the prevention of and investigation into accidents involving motor vehicles belonging to or operated on behalf of the Agency.

Inviolability of archives and premises

3.   The Agency has the like inviolability of official archives and premises as in accordance with the 1961 Convention Articles is accorded in respect of the official activities of a diplomatic mission.

Taxes

4.   Within the scope of its Official Activities, the Agency—

(a) has the like relief from non-domestic rates on the premises of the Agency as, in accordance with Article 23 of the 1961 Convention Articles, is accorded in respect of the premises of a diplomatic mission,

(b) is otherwise, exempt from all devolved or local taxes as is accorded to a foreign sovereign Power.

Customs treatment

5.— (1) The Agency is exempt from prohibitions and restrictions on importation or exportation in the case of goods imported or exported by or on behalf of the Agency and necessary for the exercise of its Official Activities and in the case of any publications of the Agency imported or exported by it.

(2) Sub-paragraph (1) 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.

Representatives

6.— (1) Except in so far as in any particular case any privilege or immunity is waived by the Government of the member which they represent, representatives of members of the Agency enjoy—

(a) immunity from suit and legal process in respect of things done or omitted to be done by them in exercise of their functions, except in the case of a motor traffic offence committed by a representative or in the case of damage caused by a motor vehicle belonging to or driven by them,

(b) while exercising their functions and in the course of their journeys to and from the place of meeting, the like immunity from personal arrest or detention and the like inviolability for all their official papers and documents as are accorded to a diplomatic agent, and

(c) while exercising their functions and in the course of their journeys to and from the place of meeting, the like exemptions and privileges in respect of their personal baggage as in accordance with Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent.

(2) Sub-paragraph (1) does not apply to any person who as the representative of the United Kingdom, or any person who is a British citizen, a British overseas territories citizen, a British Overseas citizen or a British National (Overseas) or who is a permanent resident of the United Kingdom.

(3) Part 4 (privileges and immunities of official staffs and of families of representatives, high officers and official staffs) of schedule 1 (privileges and immunities) of the 1968 Act does not operate so as to confer any privilege or immunity on any member of the family or any member of the official staff of a representative.

High Officers

7.— (1) Except in so far as in any particular case any privilege or immunity is waived by the Council of the Agency, the Director General of the Agency and, when that office is vacant, the person appointed to act in place of the Director General in accordance with paragraph 1(c) of Article 12 of the Convention, and the head of the Harwell Centre enjoy—

(a) the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from devolved or local taxes, other than income tax in respect of their emoluments and customs or excise duties and taxes on the importation of goods, and rates as are accorded to or in respect of the head of a diplomatic mission,

(b) the like exemption and privileges in respect of their personal baggage as in accordance Article 36 of the 1961 Convention Articles accorded to a diplomatic agent.

(2) This paragraph does not apply to any person who is a British citizen, a British overseas territories citizen, a British Overseas citizen or a British National (Overseas) or to any person who, at the time of taking up their duties in the United Kingdom, is a permanent resident of the United Kingdom.

(3) Part 4 (privileges and immunities of official staffs and of families of representatives, high officers and official staffs) of schedule 1 (privileges and immunities) of the 1968 Act does not operate so as to confer any privilege or immunity on any person who is a member of the family of an officer to whom this paragraph applies if the person is a British citizen, a British overseas territories citizen, a British Overseas citizen, a British National (Overseas) or who is a permanent resident of the United Kingdom.

High Ranking Staff

8.— (1) This paragraph applies to up to 7 officers of the Agency who—

(a) hold the position of Head of Office,

(b) are high ranking staff discharging their functions in the United Kingdom, and

(c) are notified to the Secretary of State by the Agency.

(2) Except in so far as in any particular case any privilege or immunity is waived by the Director General of the Agency an officer mentioned in sub-paragraph (1) enjoys—

(a) the like immunity from suit and legal process, except in the case of a motor traffic offence committed by that officer or in the case of damage caused by a motor vehicle belonging to or driven by that officer, the like inviolability of residence and the like exemption or relief from devolved or local taxes, other than income tax in respect of their emoluments and customs or excise duties and taxes on the importation of goods, as are accorded to or in respect of a diplomatic agent,

(b) the like exemption and privileges in respect of their personal baggage as in accordance with Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent.

(3) Sub-paragraphs (1) and (2) do not apply to an officer who is a British citizen, a British overseas territories citizen, a British Overseas citizen or a British National (Overseas) or to an officer who, at the time of taking up their duties in the United Kingdom, is a permanent resident of the United Kingdom.

(4) Part 4 (privileges and immunities of official staffs and of families of representatives, high officers and official staffs) of schedule 1 (privileges and immunities) of the 1968 Act does not operate so as to confer any privilege or immunity on any person who is a member of the family of an officer mentioned in sub-paragraph (1) if that member of the family is a British citizen, a British overseas territories citizen, a British Overseas citizen, a British National (Overseas) or who is a permanent resident of the United Kingdom.

(4) “High ranking staff” has the same meaning in this paragraph as is set out in the Agreement between the United Kingdom and the European Space Agency concerning the European Space Agency’s Sites and Facilities in the United Kingdom signed in Glasgow on 16 July 2013.

Officers

9.— (1) Except in so far as in any particular case any privilege or immunity is waived by the Director General of the Agency or, in the case of the Director General or the Head of the Harwell Centre, by the Council, the Director General and the other permanent members of the staff of the Agency enjoy—

(a) immunity from suit and legal process in respect of things done or omitted to be done by them in the exercise of their functions, except in the case of a motor traffic offence committed by a member of the staff of the Agency or in the case of damage caused by a motor vehicle belonging to or driven by a member of the staff,

(b) exemption from devolved or local taxes in respect of salaries and emoluments received by them as members of staff of the Agency, provided that nothing in this sub-paragraph is to be interpreted as precluding such salaries and emoluments from being taken into account for the purpose of assessing the amount of taxation to be applied to income from other sources, and

(c) provided that the Agency has established or joined a social security scheme, exemptions whereby for the purposes of the enactments relating to social security—

(i) services rendered for the Agency by them are deemed to be excepted from any class of employment in respect of which contributions under those enactments are payable, but

(ii) no person is to be rendered liable to pay any contribution which the person would not be required to pay of those service were not deemed to be so excepted.

(2) Sub-paragraph (1)(c) does not apply as respects the matters reserved by virtue of Section F (social security) of Part 2 of schedule 5 of the Scotland Act 1998.

Experts

10.   Except in so far as in any particular case any privilege or immunity is waived by the Director General of the Agency, an expert (other than a member of the staff of the Agency), in exercise of their functions in connection with the Agency or in carrying out missions for the Agency enjoys—

(a) immunity from suit and legal process in respect of things done or omitted to be done by them in the exercise of their functions, except in the case of a motor traffic offence committed by them or in the case of damage caused by a motor vehicle belonging to or driven by them,

(b) the like inviolability for all their official papers and documents as is accorded to a diplomatic agent, to the extent that this is necessary for the exercise of their functions including during journeys made in carrying out their functions and in the course of their missions.”

(1)

1964 c. 81. Schedule 1 was amended by paragraph 1 of schedule 2 of the Diplomatic and Consular Premises Act 1987 (c. 46).

(2)

The Convention on the Establishment of the European Space Agency was signed by the United Kingdom on 30 May 1975 and came into force on 30 October 1980 https://www.esa.int/About_Us/Law_at_ESA/ESA_Convention.

(3)

1998 c. 46.