International Organisations Act 2005

International Organisations Act 2005

2005 CHAPTER 20

Commentary on Sections

Sections 1, 2 and 3 Commonwealth Secretariat/Commonwealth Secretariat Arbitral Tribunal

6. The Commonwealth Secretariat Act 1966 has been interpreted by the courts as allowing the courts to exercise supervisory jurisdiction, under the Arbitration Act 1996, over the Commonwealth Secretariat Arbitral Tribunal (CSAT). The International Organisations Act 2005 gives the Commonwealth Secretariat full immunity from the jurisdiction of the United Kingdom courts, bringing the Secretariat into line with a number of other international organisations based in the United Kingdom. This immunity does not extend to written contracts entered into by or on behalf of the Commonwealth Secretariat before section 1 of the Act comes into force. The Act also accords the President and members of the CSAT the same immunity from legal process in relation to their official activities as is conferred on the Commonwealth Secretariat staff under the Commonwealth Secretariat Act 1966. The International Organisations Act 2005 also provides that, if CSAT is replaced by a successor body, an order may be made by the Secretary of State for the purpose of conferring on the successor body privileges and immunities equivalent to those conferred on CSAT. The Act exempts the staff of the Commonwealth Secretariat from United Kingdom income tax on their salaries and emoluments on condition that the Secretariat levies its own internal income tax for the benefit of the Secretariat.