This Scottish Statutory Instrument has been published in substitution of the SSI of the same number to correct an error in the signature block on page 7 where “Clerk of the Privy Council” should read “Deputy Clerk of the Privy Council”. It is being issued free of charge to all known recipients of that instrument.

Scottish Statutory Instruments

2021 No. 347

International Immunities And Privileges

Exiting The European Union

The European Union and European Atomic Energy Community (Immunities and Privileges) (Scotland) Order 2021

Made

29th September 2021

Coming into force

30th September 2021

At the Court at Balmoral, the 29th day of September 2021

Present,

The Queen’s Most Excellent Majesty in Council

This Order is made in exercise of the powers conferred by section 4B of the International Organisations Act 1968(1) and all other powers enabling Her Majesty to do so.

In accordance with section 10(1) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament(2).

Accordingly, Her Majesty is pleased, by and with the advice of Her Privy Council, to order as follows.

(1)

1968 c. 48. Section 4B was inserted by section 5 of the International Organisations Act 2005 (c. 20) and amended by section 27 of the European Union (Future Relationship) Act 2020 (c. 29).

(2)

The function of approving a draft of an Order in Council under section 10 of that Act has transferred to the Scottish Parliament under section 118 of the Scotland Act 1998 (c. 46) in so far as the function is exercisable within devolved competence. Section 118(4) of that Act provides that any reference in a pre-commencement enactment to a requirement for a draft instrument to be approved by either or both Houses of Parliament (as specified in section 118(2)) is to be taken to be, in relation to the exercise of a devolved function by a person other than a Minister of the Crown, a member of the Scottish Government or a Scottish public authority with mixed functions or no reserved functions, a reference to the Scottish Parliament. Section 118(4) accordingly includes the powers exercisable by Her Majesty in Council.