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

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Citation and commencement

1.—(1) This Order may be cited as the European Organization for Astronomical Research in the Southern Hemisphere and the European Space Agency (Immunities and Privileges) (Amendment) Order 2018.

(2) Subject to paragraph (3), this Order comes into force on the day after the day on which it is made.

(3) Article 4 (Amendments to the European Space Agency (Immunities and Privileges) Order 1978) comes into force on the date on which the Agreement between the United Kingdom and the European Space Agency concerning the European Space Agency’s Sites and Facilities in the United Kingdom enters into force in the United Kingdom(1).

Application

2.  In Scotland, the amendments made by article 3(3) and (4)(b) and article 4(2) and (3)(a) 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.

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(2) 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)”.

Amendments to the European Space Agency (Immunities and Privileges) Order 1978

4.—(1) The European Space Agency (Immunities and Privileges) Order 1978(3) is amended as follows.

(2) In article 15 (High Officers)—

(a)in paragraph (1)—

(i)after “Convention”, insert “, and the Head of the Harwell Centre,”;

(ii)in sub-paragraph (a), after “customs” insert “or excise”;

(iii)in the full out, for “a citizen of the United Kingdom and Colonies” substitute “a British citizen, a British overseas territories citizen, a British Overseas citizen or a British National (Overseas)”;

(b)for paragraph (2), substitute—

(2) Part IV of Schedule 1 to the 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 paragraph (1) applies if the person is a British citizen, a British overseas territories citizen, a British Overseas citizen, a British National (Overseas) or permanent resident of the United Kingdom.;

(c)after paragraph (2), insert—

(3) Subject to paragraph (4), paragraphs (1) and (2) apply as they apply to the officers mentioned in paragraph (1) to up to seven officers of the Agency who—

(a)hold the position of Head of Office,

(b)are high ranking staff under Article 14 of 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 on 16th July 2013, and

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

(4) In its application to the officers referred to in paragraph (3)—

(a)the waivers referred to in paragraph (1) are to be made by the Director General of the Agency, and

(b)sub-paragraph (a) of that paragraph is to be read as if the references to immunity from suit and legal process and to inviolability of residence were omitted..

(3) In Article 16 (All Officers)—

(a)after the second “Director General”, insert “or the Head of the Harwell Centre;”;

(b)omit the “and” at the end of sub-paragraph (b);

(c)in paragraph (c), for “citizens of the United Kingdom and Colonies” substitute “British citizens, British overseas territories citizens, British Overseas citizens or British Nationals (Overseas)”;

(d)after sub-paragraph (c), insert—

(d)unless they are British citizens, British overseas territories citizens, British Overseas citizens, British Nationals (Overseas) or permanent residents of the United Kingdom, exemption from duties (whether of customs or excise) and taxes on the importation of any motor vehicle imported as a replacement for a motor vehicle in respect of which the conditions specified in sub-paragraph (c) are fulfilled, such exemption to be subject to compliance with such conditions as the Commissioners for Her Majesty’s Revenue and Customs may prescribe for the protection of the Revenue; and

(e)provided that the Agency has established or joined a social security scheme, exemptions whereby for the purposes of the enactments relating to social security, including enactments in force in Northern Ireland—

(i)services rendered for the Agency by them 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 the person would not be required to pay if those services were not deemed to be so excepted..

Richard Tilbrook

Clerk of the Privy Council

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