UKPGA-2005-20 — International Organisations Act 2005

preamble

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

s. 1 — Commonwealth Secretariat

s. 1(1)

In the Commonwealth Secretariat Act 1966 (c. 10) the following provisions (which limit the privileges and immunities of the Secretariat) are omitted—

s. 1(1)(a)

in section 1, subsections (3) and (4), and

s. 1(1)(b)

in the Schedule, paragraph 1(1)(b) and the word “and” before it.

s. 1(2)

In Schedule 3 to the Arbitration Act 1996 (c. 23) (consequential amendments), paragraph 23 is omitted.

s. 1(3)

This section does not have effect in relation to any written contract entered into by or on behalf of the Commonwealth Secretariat before this section comes into force.

s. 1(4)

“The Commonwealth Secretariat” has the same meaning as in the Commonwealth Secretariat Act 1966.

s. 2 — Commonwealth Secretariat Arbitral Tribunal

s. 2(1)

The Commonwealth Secretariat Act 1966 is amended as follows.

s. 2(2)

In section 1(2) (immunities and privileges), after “their families” insert “ and the President and members of the Commonwealth Secretariat Arbitral Tribunal ”.

s. 2(3)

In the Schedule (immunities and privileges)—

s. 2(3)(a)

in paragraph 6, after “of this Schedule” there is inserted “ , and the President and members of the Commonwealth Secretariat Arbitral Tribunal, ”, and

s. 2(3)(b)

in paragraph 8, after “their families” there is inserted “ and on the President and members of the Commonwealth Secretariat Arbitral Tribunal ”.

s. 2(4)

If the Commonwealth Secretariat Arbitral Tribunal is replaced by a successor, the Secretary of State may by order made by statutory instrument amend the Commonwealth Secretariat Act 1966 (c. 10) in whatever way he considers appropriate for the purpose of conferring, in relation to the successor, immunities and privileges equivalent to those conferred by virtue of subsections (2) and (3).

s. 2(5)

No order under subsection (4) may be made unless a draft of the statutory instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.

s. 3 — Commonwealth Secretariat: income tax

In the Schedule to the Commonwealth Secretariat Act 1966 (immunities and privileges)—

s. 3(a)

in paragraph 5(1) the words from “except that” to the end are omitted,

s. 3(b)

after paragraph 5 there is inserted—

s. 4 — Organization for Security and Co-operation in Europe

s. 4(1)

If at any time the Organization for Security and Co-operation in Europe (“the OSCE”) is not for the purposes of section 1 of the International Organisations Act 1968 (c. 48) (“the 1968 Act”) an organisation of which—are members, it is to be treated for those purposes as such an organisation.

s. 4(1)(a)

the United Kingdom, or Her Majesty's Government in the United Kingdom, and

s. 4(1)(b)

at least one other sovereign Power, or the Government of such a Power,

s. 4(2)

Any agreement or formal understanding between the United Kingdom or Her Majesty's Government in the United Kingdom and any other sovereign Power or the Government of such a Power and relating to the OSCE is to be treated for the purposes of section 1(5) and (6)(a) of the 1968 Act as an agreement between the United Kingdom and the OSCE.

s. 5 — Bodies established under Treaty on European Union

After section 4A of the 1968 Act there is inserted—

s. 6 — International Criminal Court

s. 6(1)

Paragraph 1 of Schedule 1 to the International Criminal Court Act 2001 (c. 17) (supplementary provisions relating to International Criminal Court) is amended as follows.

s. 6(2)

In sub-paragraph (2)—

s. 6(2)(a)

at the end of paragraph (b) there is added “ and members of their families who form part of their households, ”,

s. 6(2)(b)

the word “and” at the end of paragraph (c) is omitted, and

s. 6(2)(c)

at the end of paragraph (d) there is inserted.

s. 6(3)

After sub-paragraph (2) there is added—

s. 7 — European Court of Human Rights

Section 5 of the 1968 Act (privileges relating to international judicial proceedings) applies to members of the family of a judge of the European Court of Human Rights as it applies to a judge of that court.

s. 8 — International Tribunal for the Law of the Sea

The International Tribunal for the Law of the Sea is to be treated for the purposes of section 1 of the 1968 Act (organisations of which the United Kingdom is a member) as an organisation of which—are members.

s. 8(a)

the United Kingdom, or Her Majesty's Government in the United Kingdom, and

s. 8(b)

at least one other sovereign Power, or the Government of such a Power,

s. 9 — Repeals

The Schedule contains a list of enactments repealed by this Act.

s. 10 — Devolution

For the purposes of the Scotland Act 1998 (c. 46), sections 4, 5, 7 and 8 of this Act are to be taken to be pre-commencement enactments within the meaning of that Act.

s. 11 — Short title, interpretation, commencement and extent

s. 11(1)

This Act may be cited as the International Organisations Act 2005.

s. 11(2)

In this Act “the 1968 Act” means the International Organisations Act 1968 (c. 48).

s. 11(3)

Except for sections 1 to 3, this Act comes into force at the end of the period of two months beginning with the day on which it is passed.

s. 11(4)

Sections 1 to 3 come into force on such day as the Secretary of State by order made by statutory instrument appoints, and he may appoint different days for different purposes.

s. 11(5)

This Act extends to Northern Ireland.

Sch 1

Repeals

Paragraph

Section 1(3) and (4).

Paragraph

In the Schedule, paragraph 1(1)(b) and the word “and” before it; and in paragraph 5(1), the words from “except that” to the end.