The International Headquarters and Defence Organisations (Designation and Privileges) (Amendment) Order 1994

Statutory Instruments

1994 No. 1642

DEFENCE

The International Headquarters and Defence Organisations (Designation and Privileges) (Amendment) Order 1994

Made

22nd June 1994

Coming into force

1st July 1994

At the Court at Buckingham Palace, the 22nd day of June 1994

Present,

The Queens Most Excellent Majesty in Council

Whereas a draft of this Order has in accordance ith section 1(4) of the International Headquarters and Defence Organisations Act 1964(1)(the 1964 Act) been laid before Parliament and approved by resolution of each House of Parliament:

Now, therefore, Her Majesty, in pursuance of section 1 of the 1964 Act, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation and commencement

1.  This Order may be cited as the International Headquarters and DefenceOrganisations (Designation and Privileges) (Amendment) Order 1994 and shall come into force on 1st July 1994.

Amendment of 1965 Order

2.  In the Schedule to the International Headquarters and Defence Organisations (Designation and Privileges) Order 1965(2)(which designates headquarters and a defence organisation for the purposes of the 1964 Act)

(a) in Part I, the words “The Headquarters of the Allied Commander in Chief Channel (CINCHAN)” shall be deleted;

(b) in Part II, the words “The Headquarters of the Commander in Chief of UK Air Forces (CINCUKAIR)” shall be deleted;

(c) at the end of Part II there shall be added the following entries

• “The Headquarters of the Commander in Chief Allied Forces North Western Europe (HQ CINCAFNORTHWEST).

• The Headquarters of the Commander Allied Naval Forces North Western Europe (HQ COMNAVNORTHWEST).

• The Headquarters of the Commander Allied Air Forces North Western Europe (HQ COMAIRNORTHWEST).

• The NATO Airborne Early Warning Force Headquarters and the NATO E-3A Component.”.

N. H. Nicholls

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order amends the International Headquarters and Defence Organisations (Designation and Privileges) Order 1965 (the 1965 Order). The 1965 Order designates headquarters and a defence organisation for the purposes of the International Headquarters and Defence Organisations Act 1964 (the 1964 Act) and confers on them inviolability of their archives. It also confers corporate status and immunity of property from legal process on the headquarters listed in Part I of the Schedule to that Order.

To reflect changes in the NATO command structure, articles 2(a) and 2(b) of this Order delete two headquarters from those designated by the 1965 Order, and article 2(c) of the Order adds three headquarters to those so designated.

The headquarters whose designation is deleted are the Headquarters of the Allied Commander in Chief Channel (CINCHAN) (which is deleted from Part I of the Schedule to the 1965 Order) and the Headquarters of the Commander in Chief of UK Air Forces (CINCUKAIR) (which is deleted from Part II of the Schedule).

The headquarters added to those designated in Part II of the Schedule are theHeadquarters of the Commander in Chief Allied Forces North Western Europe(HQ CINCAFNORTHWEST), the Headquarters of the Commander Allied Naval Forces North Western Europe (HQ COMNAVNORTHWEST) and the Headquarters of the Commander Allied Air Forces North Western Europe (HQ COMAIRNORTHWEST).

In addition to those changes, article 2(c) of the Order adds to Part II of the Schedule the headquarters known as the NATO Airborne Early Warning Force Headquarters and the NATO E-3A Component.

The effect of article 2(c) is to designate the headquarters for the purposes of the 1965 Order and to extend to them and certain persons connected with them the Visiting Forces Act 1952 as adapted by the 1964 Act. It also confers on them the like privileges as respects the inviolability of their official archives as are accorded to an envoy of a foreign sovereign power accredited to Her Majesty.

(1)

1964 c. 5.

(2)

S.I. 1965/1535, amended by S.I. 1987/927.