The Bank for International Settlements (International Development Act 2002 and Immigration (Exemption from Control) Order 1972) (Amendment) Order 2021

Statutory Instruments

2021 No. 21

International Immunities And Privileges

The Bank for International Settlements (International Development Act 2002 and Immigration (Exemption from Control) Order 1972) (Amendment) Order 2021

Made

7th January 2021

Laid before Parliament

11th January 2021

Coming into force

1st February 2021

The Secretary of State makes the following Order in exercise of the powers conferred by section 12(5) of the International Development Act 2002(1) and section 8(2) of the Immigration Act 1971(2).

Citation and Commencement

1.  This Order may be cited as the Bank for International Settlements (International Development Act 2002 and Immigration (Exemption from Control) Order 1972) (Amendment) Order 2021 and comes into force on 1st February 2021.

Amendment of the International Development Act 2002

2.—(1) The International Development Act 2002 is amended as follows.

(2) In section 12(3) (immunities and privileges of international financial institutions), after paragraph (c) insert—

“(d) the Bank for International Settlements.”

Amendment of the Immigration (Exemption from Control) Order 1972

3.—(1) Article 4 of the Immigration (Exemption from Control) Order 1972(3) is amended as follows.

(2) For paragraphs (b) and (c) substitute—

“(b) any person entitled to immunity from legal process with respect to acts performed by him in his official capacity under any Order in Council made under section 12(1) of the International Development Act 2002 (which empowers Her Majesty by Order in Council to make provision relating to the immunities and privileges of the governors, directors, executive-directors, alternates, officers or employees of an international financial institution);

(c) any person entitled to immunity from legal process with respect to acts performed by him in his official capacity under any Order in Council made under section 5(1) of the International Monetary Fund Act 1979(4) (which empowers Her Majesty by Order in Council to make provision relating to the immunities and privileges of the governors, executive directors, alternates, officers and employees of the International Monetary Fund);”.

(3) Omit paragraph (d).

James Duddridge

Parliamentary Under Secretary of State

Foreign, Commonwealth and Development Office

7th January 2021

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision to enable the grant of immunities and privileges to the Bank for International Settlements and its governors, executive directors, alternates, officers and employees.

Article 2 amends section 12(3) of the International Development Act 2002 (c. 1) (the “2002 Act”) to add the Bank for International Settlements to the list of international financial institutions on which immunities and privileges may be conferred by an Order in Council made under section 12(1) of the 2002 Act.

Article 3 amends article 4 of the Immigration (Exemption from Control) Order 1972 (S.I 1972/1613) made under section 8(2) of the Immigration Act 1971 (c. 77). The new provisions update legislative references, replacing references to repealed Acts with the 2002 Act and the International Monetary Fund Act 1979 (c. 29) (the “1979 Act”). New article 4(b) and (c) is to exempt persons entitled to immunity from legal process under an Order in Council made under section 12(1) of the 2002 Act or section 5(1) of the 1979 Act from immigration control under the Immigration Act 1971. The effect of the new provisions is to continue the exemptions from immigration control already in place, and to grant exemption from immigration control in respect of persons granted immunity from legal process under any future Order in Council made under section 12(1) of the IDA 2002.

A full impact assessment has not been produced for this instrument as no, or no significant impact, on the private, public or voluntary sector is foreseen.

(1)

2002 c. 1.

(2)

1971 c.77. Section 8(2) was amended by paragraph 2 of Schedule 4 to the British Nationality Act 1981 (c. 61).

(3)

S.I. 1972/1613. Article 4 has been amended but the amendments are not relevant.

(4)

1979 c. 29.