EXPLANATORY NOTE
(This note is not part of the Order)
This Order amends the International Organisations (Immunities and Privileges) (Scotland) Order 2009 (“the 2009 Order”).
Article 2(2) of this Order inserts a new schedule 1B into the 2009 Order. Schedule 1B restates the provisions of the European Space Agency (Immunities and Privileges) Order 1978 (“the 1978 Order”), as amended by the European Organisation for Astronomical Research in the Southern Hemisphere and the European Space Agency (Immunities and Privileges) (Amendment) Order 2018 (itself amended by the European Organisation for Astronomical Research in the Southern Hemisphere and the European Space Agency (Immunities and Privileges) (Amendment) Order 2024 (S.I. 2024/368) insofar as they would, if included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament.
The 1978 Order implements Annex 1 of the Convention for the Establishment of a European Space Agency, which entered into force on 30 October 1980 (Cm 6272). An 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 13 June 2013 provides for the establishment and operation of an Agency centre at Harwell Science and Innovation Campus in the United Kingdom. This Order gives effect to the obligations relating to immunities and privileges under that Agreement.
New schedule 1B includes the Head of Harwell Centre as a high officer. It also provides that up to 7 high-ranking officials, in addition to the Director General and the Head of the Harwell Centre, are high officers but limits their immunities and privileges.
In addition it provides that all officers are exempt from social security contributions.
Schedule 15 of the 2009 Order was added by the International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2010 to implement the Protocol on the privileges and immunities of the European Organisation for Astronomical Research in the Southern Hemisphere (Cm 8516) which entered into force for the UK on 25 September 2012. It provides privileges and immunities to the European Organisation for Astronomical Research in the Southern Hemisphere (“the Organisation”) and to its representatives and members of staff.
Paragraphs 7 and 8 of schedule 15 make provision for privileges and immunities conferred by the Protocol on the officers of the Organisation.
Article 2(5) of this Order amends paragraph 7 to ensure that, if the Director General or person appointed to act instead of the Director General of the Organisation has a form of British nationality, that person will benefit from immunity from suit and legal process in respect of official acts (not including motor vehicle offences or damage), from exemption from devolved or local taxes on emoluments received as an officer of the Organisation, and from exemptions relating to social security.
Article 2(6) of this Order amends paragraph 8 to provide that any officer of the Organisation (other than an officer falling within paragraph 7 (high officers)) will benefit from immunity from suit and legal process in respect of official acts, from exemption from devolved or local taxes in respect of emoluments received as an officer of the Organisation, and from exemptions relating to social security.
Article 3 of this Order revokes the provisions of the 1978 Order so far as they apply in or regards Scotland.