The International Organisations (Immunities and Privileges) (Scotland) Amendment (No. 2) Order 2023

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

This Order amends the International Organisations (Immunities and Privileges) (Scotland) Order 2009) (“ the 2009 Order ”) to restate provisions of the International Atomic Energy (Immunities and Privileges) Order 1974 ( S.I. 1974/1256 ), as amended, (“ the IAEA Order ”) insofar as they would, if included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament.

The IAEA Order implements the Agreement on the Privileges and Immunities of the International Atomic Energy Agency (“the IAEA”) (Cmnd. 1675), approved by the Board of Governors of the IAEA on 1st July 1959 (“ the Agreement ”). The International Atomic Energy Agency (Immunities and Privileges) (Amendment) Order ( S.I. 2023/845 ) amended the IAEA Order to correct a discrepancy between the provisions of that Order and the Agreement. That amendment also disapplies those provisions insofar as they would be within the legislative competence of the Scottish Parliament.

In addition to restating those provisions of the IAEA Order, this Order corrects the same discrepancy by ensuring that representatives of members benefit from the privileges and immunities conferred by the Agreement when attending meetings of any international conference, symposium, seminar or panel convened by the IAEA. The definition of representatives of members in Article 1, section 1(iii) of the Agreement is inserted (paragraph 6(5) of schedule 1A).

This Order should be read with the IAEA Order, which applies across the UK and confers additional immunities and privileges.