The Commonwealth Countries and Ireland (Immunities and Privileges) (Amendment) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes and replaces Article 9 and Schedule 1 to Article 3(a) to the Commonwealth Countries and Republic of Ireland (Immunities and Privileges) Order 1985.

Section 12(1) of the Consular Relations Act 1968 allows Her Majesty to make an Order in Council to extend privileges and immunities to representatives of Commonwealth governments.

Article 2 of this Order replaces Article 9 of the 1985 Order with a new Article 9. New Article 9 will enable partial relief from non-domestic rates to be given to the offices of the Falkland Islands Government Representative in London, the Cayman Islands Government Representative in London, the Gibraltar Government Representative in London, the Turks and Caicos Islands Government Representative in London, the British Virgin Islands Government Representative in London and the Bermuda Government Representative in London. These offices perform functions broadly in line with those of a consular post of a foreign country. As a new office, Bermuda will benefit from tax relief for the first time.

Article 3 of this Order replaces Schedule 1 to Article 3(a) of the 1985 Order with a new Schedule 1. New Schedule 1 lists categories of persons whose main residences will be entitled to exemption from liability for council tax as they fall under Class V(2)(e) of the Council Tax (Exempt Dwellings) Order 1992 (SI 1992 No 558) which exempts from payment of council tax the main residence of persons who benefit from consular immunity, if they satisfy the conditions specified.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.