The European Organization for Astronomical Research in the Southern Hemisphere and the European Space Agency (Immunities and Privileges) (Amendment) Order 2018

Amendments to the European Organization for Astronomical Research in the Southern Hemisphere (Immunities and Privileges) Order 2009

3.—(1) The European Organization for Astronomical Research in the Southern Hemisphere (Immunities and Privileges) Order 2009(1) is amended as follows.

(2) After article 1, insert—

“1A.— (1) This Order extends to the whole of the United Kingdom subject to paragraph (2).

(2) Article 9 extends to England and Wales and Northern Ireland only.

(3) In Scotland, articles 6, 7, 11, 14, 15 and 16 do not apply in so far as they would, if included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament.”.

(3) In article 15 (High Officers)—

(a) in paragraph (1)—

(i) for sub-paragraph (a), substitute—

“(a) the like—

(i) immunity from suit and legal process,

(ii) inviolability of residence, and

(iii) exemption or relief from taxes and rates, other than duties (whether of customs or excise) and taxes on the importation of goods,

as are accorded to or in respect of the head of a diplomatic mission;”;

(ii) after sub-paragraph (e), omit the words from “provided that this Article” to the end of paragraph (1);

(b) after paragraph (2), insert—

“(3) Subject to paragraphs (4) and (5), paragraph (1)(a) to (d) does not apply to any person who is a British citizen, British overseas territories citizen, British Overseas citizen, British National (Overseas) or permanent resident of the United Kingdom.

(4) Paragraph (1)(a)(i) applies to any person who is a British citizen, British overseas territories citizen, British Overseas citizen, British National (Overseas) or permanent resident of the United Kingdom, in respect of things done or omitted to be done by them in the course of performance of official duties, except in the case of motor traffic offences committed by them or of damage caused by a motor vehicle belonging to or driven by them.

(5) Paragraph (1)(a)(iii) applies to any person who is a British citizen, British overseas territories citizen, British Overseas citizen, British National (Overseas) or permanent resident of the United Kingdom only in respect of exemption from income tax on emoluments received as an officer of the Organization, provided that nothing in this paragraph shall be interpreted as precluding such emoluments from being taken into account for the purpose of assessing the amount of taxation to be applied to income from other sources.”.

(4) In article 16(1) (All Other Officers)—

(a) after sub-paragraph (c), insert—

“(d) exemptions whereby for the purposes of the enactments relating to social security, including enactments in force in Northern Ireland—

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

(ii) no person shall be rendered liable to pay any contribution which he would not be required to pay if those services were not deemed to be so excepted.”;

(b) in the full out, for “this paragraph” substitute “sub-paragraph (c)”.

(1)

S.I. 2009/1748.