Citation, commencement, and extent

1.—(1) This Order may be cited as the International Atomic Energy Agency (Immunities and Privileges) (Amendment) Order 2023.

(2) This Order comes into force on the day after the day on which it is made.

(3) This Order extends to England and Wales, Scotland, and Northern Ireland.

Amendments to the International Atomic Energy Agency (Immunities and Privileges) Order 1974

2.—(1) The International Atomic Energy Agency (Immunities and Privileges) Order 1974( 3) is amended as follows.

(2) After article 3, insert—

“3A.— (1)  This Order extends to England and Wales, Scotland and Northern Ireland.

(2)  In Scotland, articles 6, 7, 9, 11, 14, 15, 16 and 17 do not apply in so far as they would, if included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament. ”.

(3) In article 14—

(a) in paragraph (1) after “the General Conference”, insert “, at any international conference, symposium, seminar or panel convened by the Agency”; and

(b) after paragraph (4), insert—

“(5)  In this article, “ representatives of members ” means all governors of the Agency’s Board of Governors and representatives, alternates, advisers, technical experts and secretaries of delegations, and references to “ representative ” shall be construed accordingly ”.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the International Atomic Energy Agency (Immunities and Privileges) Order 1974 ( S.I. 1974/1256) (“ the IAEA Order”).

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”).

Article 2 of this Order amends the IAEA Order by inserting a new article 3A. In light of the devolution settlement reached under the Scotland Act 1998, some provisions of the IAEA Order do not extend to, or apply in, Scotland and as such do not apply to Scotland insofar as they are within its devolved competence.

Article 2(2) of this Order amends article 14 of the IAEA Order to firstly ensure 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.

Secondly, the definition of representatives of members in Article 1, section 1(iii) of the Agreement is inserted.

This Order will enable His Majesty’s Government to give effect to its obligations under the Agreement relating to privileges and immunities.