The Eurocontrol (Immunities and Privileges) (Amendment) Order 1984 No. 127


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Statutory Instruments

1984 No. 127

INTERNATIONAL IMMUNITIES AND PRIVILEGES

The Eurocontrol (Immunities and Privileges) (Amendment) Order 1984

Laid before Parliament in draft

Made

8th February 1984

Coming into Operation

On a date to be notified in the London, Edinburgh and Belfast Gazettes

At the Court at Buckingham Palace, the 8th day of February 1984

Present,

The Queen's Most Excellent Majesty in Council

Whereas a draft of this Order has been laid before Parliament in accordance with section 10(1) of the International Organisations Act 1968(1) (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 sections 1 and 10(3) 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 Eurocontrol (Immunities and Privileges) (Amendment) Order 1984. It shall come into operation on the date on which the Protocol amending the Eurocontrol International Convention relating to Co-operation for the Safety of Air Navigation of 13th December 1960(2), signed at Brussels on 12th February 1981, enters into force in respect of the United Kingdom. The date shall be notified in the London, Edinburgh and Belfast Gazettes.

2. The Eurocontrol (Immunities and Privileges) Order 1970(3) shall be amended by inserting after Article 7 the following new Articles:-

"8. The Director General of the Organisation's Agency for the safety of air navigation shall enjoy immunity from suit and legal process in respect of acts, including words written or spoken, done by him in the exercise of his functions, except in the case of a motor traffic offence or in the case of damage caused by a motor vehicle belonging to or driven by him.

9. The officers and servants of the Organisation, provided that they are not British citizens and not permanently resident in the United Kingdom, and provided that the Organisation has established or joined a social security scheme, shall enjoy exemptions whereby for the purpose of the enactments relating to social security, including enactments in force in Northern Ireland-

(i)services rendered for the Organisation by them shall be deemed to be excepted from any class of employment in respect of which contributions or premiums under those enactments are payable, but

(ii)no person shall be rendered liable to pay any contribution or premium which he would not be required to pay if those services were not deemed to be so excepted.

10.-(1) Representatives of members of the Organisation shall enjoy, while exercising their functions and in the course of their journeys to and from the place of meeting, the like inviolability for all their official papers and documents as is accorded to diplomatic agents.

(2) Part IV of Schedule 1 to the Act shall not operate so as to confer such inviolability on any member of the family or on any member of the official staff of a representative."

N. E. Leigh

Clerk of the Privy Council

EXPLANATORY NOTE

This Order further amends the Eurocontrol (Immunities and Privileges) Order 1970 by conferring immunity from jurisdiction on the Director General of Eurocontrol's Agency for the safety of air navigation in respect of official acts, exempting the staff of the Organisation from the obligation to make social security contributions and conferring on representatives of members of the Organisation inviolability for their official documents. The Order will enable Her Majesty's Government to give effect to a Protocol of 12th February 1981 amending the Eurocontrol International Convention relating to Co-operation for the Safety of Air Navigation (Cmnd. 8662) and to an Exchange of Notes between Her Majesty's Government and the Organisation signed on 15th June 1983 concerning the application of social security provisions to the Organisation's staff (Cmnd. 9023).

(1)

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

(2)

Cmnd. 8662.

(3)

, as amended by S.I. 1980/1076.


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