The United Nations Industrial Development Organisation (Immunities and Privileges) Order 1982

Statutory Instruments

1982 No. 1074

INTERNATIONAL IMMUNITIES AND PRIVILEGES

The United Nations Industrial Development Organisation (Immunities and Privileges) Order 1982

Laid before Parliament in draft

Made

30th July 1982

Coming into Operation

Edinburgh and Belfast Gazettes

At the Court at Buckingham Palace, the 30th day of July 1982

Present,

The Queen's Most Excellent Majesty in Council

Whereas the United Nations Industrial Development Organisation (hereinafter referred to as UNIDO) is at present functioning as an autonomous organisation within the United Nations;

And whereas the Constitution of UNIDO as a Specialised Agency of the United Nations was adopted on 8th April 1979(1) and was signed on behalf of the United Kingdom on 5th October 1979;

And whereas Article 21(1) of the Constitution provides that UNIDO shall enjoy in the territory of each of its Members such legal capacity and such privileges and immunities as are necessary for the exercise of its functions and for the fulfilment of its objectives and that representatives of Members and officials of UNIDO shall enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organisation;

And whereas Article 21(2)(b) of the Constitution provides that in the territory of any Member of UNIDO that has not acceded to the Convention on the Privileges and Immunities of the Specialized Agencies of the United Nations(2) in respect of UNIDO but has acceded to the General Convention on the Privileges and Immunities of the United Nations(3) the said legal capacity, privileges and immunities shall be as defined in the latter Convention unless the State notifies otherwise on ratification;

And whereas the United Kingdom cannot accede to the Convention on the Privileges and Immunities of the Specialized Agencies of the United Nations in respect of UNIDO until UNIDO has accepted the standard clauses of the said Convention in accordance with the provisions of section 37 thereof;

And whereas a draft of this Order has been laid before Parliament in accordance with section 10(1) of the International Organisations Act 1968(4) (hereinafter referred to as the Act) and has been approved by resolution of each House of Parliament:

Now, therefore, Her Majesty, by virtue and in exercise of the powers conferred on Her by section 1 of the Act or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

1.  This Order may be cited as the United Nations Industrial Development Organisation (Immunities and Privileges) Order 1982. It shall come into operation on the day on which the Constitution of UNIDO enters into force for the United Kingdom, which date shall be notified in the London, Edinburgh and Belfast Gazettes.

2.  UNIDO is an organisation of which the United Kingdom and other sovereign Powers are members.

3.  Notwithstanding the entry into force for the United Kingdom of the Constitution of UNIDO, the provisions of the United Nations and International Court of Justice (Immunities and Privileges) Order 1974 shall continue to apply to UNIDO, its officers and representatives of Members.

N.E. Leigh

Clerk of the Privy Council

EXPLANATORY NOTE

This Order enables the legal capacity, privileges and immunities at present accorded to UNIDO as an autonomous organisation within the United Nations to be continued even when UNIDO has become a Specialized Agency of the United Nations pending accession by the United Kingdom to the Convention on the Privileges and Immunities of the Specialized Agencies of the United Nations in respect of UNIDO.

(1)

Cmnd. 7831.

(2)

Cmnd. 855.

(3)

Cmnd. 7891.

(4)

section 1 was amended by the International Organisations Act 1981 (c.9), section 1(1).