Draft Order laid before the Scottish Parliament und er section 10(1) of the International 
Organisations Act 1968 for approval by resolution o f the Scottish Parliament. 
D R A F T  S C O T T I S H  S T A T U T O R Y  I N S T R U M E N T S  
2017 No.  
INTERNATIONAL IMMUNITIES AND PRIVILEGES 
The International Organisations (Immunities and Pri vileges) 
(Scotland) Amendment (No. 2) Order 2017 
Made  - - - - 2017 
Coming into force in accordance with article 1 
 
At the Court at Buckingham Palace, the     day of     2017 
Present, 
The Queen’s Most Excellent Majesty in Council 
This Order is made in exercise of the powers confer red by sections 1 and 5 of the International 
Organisations Act 1968( a) and all other powers enabling Her Majesty to do s o. 
In accordance with section 10(1) of that Act, a dra ft of this instrument has been laid before and 
approved by resolution of the Scottish Parliament( b). 
Accordingly, Her Majesty is pleased, by and with th e advice of Her Privy Council, to order as 
follows. 
Citation and commencement 
1.  This Order may be cited as the International Organ isations (Immunities and Privileges) 
(Scotland) Amendment (No. 2) Order 2017 and comes i nto force on the date on which the 
Protocol on Privileges and Immunities of the Unifie d Patent Court done in Brussels on 29th June 
2016 enters into force in the United Kingdom( c). 
                                                                                                                                            
(a) 1968 c.48.  Section 1 was amended by the Internat ional Organisations Act 1981 (c.9) and S.I. 2005/35 42. 
(b) The function of approving a draft of an Order in Council under section 10 of that Act has transferre d to the Scottish 
Parliament under section 118 of the Scotland Act 19 98 (c.46) in so far as the function is exercisable within devolved 
competence.  Section 118(4) of that Act provides th at any reference in a pre-commencement enactment to  a requirement for 
a draft instrument to be approved by either or both  Houses of Parliament (as specified in section 118( 2)) is to be taken to be, 
in relation to the exercise of a devolved function by a person other than a Minister of the Crown, a m ember of the Scottish 
Government or a Scottish public authority with mixe d functions or no reserved functions, a reference t o the Scottish 
Parliament. Section 118(4) accordingly includes the  powers exercisable by Her Majesty in Council. 
(c) The date on which the Protocol enters force in th e United Kingdom will be published on the relevant page of UK Treaties 
online which can be found at this link: https://www .gov.uk/uk-treaties.  2Amendment of the International Organisations (Immun ities and Privileges) (Scotland) 
Order 2009 
2. —(1) The International Organisations (Immunities an d Privileges) (Scotland) Order 2009( a) is 
amended as follows. 
(2)  After schedule 16, insert schedule 17 (Unified Pate nt Court) set out in the schedule to this 
Order. 
 
 
 
 
 
 Name  
 Clerk of the Privy Council 
                                                                                                                                            
(a) S.S.I. 2009/44, amended by S.S.I. 2010/186, S.S.I . 2015/421 and S.S.I. 2017/xxx.  3 SCHEDULE Article 2 
“SCHEDULE 17 
UNIFIED PATENT COURT 
General 
1. In this schedule— 
“the Agreement” means the Agreement on a Unified Pa tent Court done in Brussels on 
19th February 2013( a); 
“Committee” means any of the Administrative Committ ee, the Budget Committee and 
the Advisory Committee set up under Article 11 of t he Agreement; 
“the Court” means the Unified Patent Court establis hed under Article 1 of the 
Agreement; 
“the Deputy-Registrar” means the Deputy-Registrar a ppointed under Article 25 of the 
Statute; 
“devolved and local taxes” means devolved taxes and  local taxes to fund local authority 
expenditure (within the meaning of the exceptions t o Section A1 (fiscal, economic and 
monetary policy) of Part II of schedule 5 of the Sc otland Act 1998( b)); 
“Judge” means a Judge of the Court; 
“official activities” in relation to the Court mean s the activities that are necessary for 
the purposes and functions conferred on it by the A greement and Statute; 
“premises of the Court” means land and buildings ma de available to the Court by a 
State party to the Agreement in accordance with Art icle 37 of the Agreement and used 
for the official activities of the Court; 
“the Presidium” means the Presidium referred to in Article 15 of the Statute; 
“the Protocol” means the Protocol on Privileges and  Immunities of the Unified Patent 
Court done in Brussels on 29th June 2016( c); 
“Registrar” means the Registrar appointed under Art icle 22 of the Statue; 
“Staff” means all personnel employed by the Court a s officials and other servants of the 
Court except the Judges, Registrar and the Deputy-R egistrar; 
“State Party” means a State party to the Protocol; and 
“the Statute” means the Statute of the Court as set  out in Annex I of the Agreement. 
The Court 
2.—(1) The Court has immunity from suit and legal pro cess except to the extent that it 
has expressly waived such immunity. 
                                                                                                                                            
(a) Cm 8653. 
(b) 1998 c.46; the exception for devolved taxes was a dded by the Scotland Act 2012 (c.11), section 23(5) . 
(c) Cm 9405.  4(2) Sub-paragraph (1) does not apply in respect of—  
(a) any civil action brought against the Court— 
 (i) with respect to contractual liability brought by persons other than the Judges, 
the Registrar, the Deputy-Registrar or the Staff of  the Court; 
 (ii) with respect to non-contractual liability exc ept where the claim is based on the 
performance of the Court’s jurisprudence; 
 (iii) by a third party for damages resulting from an accident caused by a motor 
vehicle belonging to, or operated on behalf of, the  Court; or 
(b) a motor traffic offence involving a motor vehic le belonging to, or operated on 
behalf of, the Court. 
3.  The official archives of the Court have the like i nviolability as, in accordance with the 
1961 Convention Articles, is accorded in respect of  the official archives of a diplomatic 
mission. 
4.—(1) The premises of the Court have the like inviola bility of premises as, in 
accordance with the 1961 Convention Articles, is ac corded in respect of the premises of a 
diplomatic mission. 
(2) Sub-paragraph (1) does not apply to premises wh ich are made available to the Court 
on a temporary basis. 
5. The Court— 
(a) has the like relief from non-domestic rates on the premises of the Court as, in 
accordance with Article 23 of the 1961 Convention A rticles, is accorded in respect 
of the premises of a diplomatic mission; and 
(b) is otherwise, within the scope of its official activities, exempt from all devolved 
and local taxes. 
6. —(1) The Court is exempt from prohibitions and rest rictions on importation or 
exportation in the case of goods imported or export ed by the Court for its official use. 
(2) Sub-paragraph (1) does not apply as respects th e matters reserved by virtue of Section 
C5 (import and export control) of Part II of schedu le 5 of the Scotland Act 1998( a). 
Representatives 
7. —(1) Except in so far as in any particular case any  immunity is waived by the 
Presidium of the Court, representatives of a State Party enjoy immunity from suit and legal 
process in respect of all acts performed by them, i ncluding words spoken or written, while 
attending a meeting of a Committee in their officia l capacity. 
(2) This paragraph does not apply to a person who i s a British citizen, British overseas 
territories citizen, British Overseas citizen, Brit ish National (Overseas) or any person who 
at the time of taking up his functions with the Cou rt is a permanent resident of the United 
Kingdom. 
Judges, Registrar and Deputy-Registrar 
8.—(1) Except in so far as in any particular case any  privilege or immunity is waived by 
the Presidium of the Court the Judges, Registrar an d Deputy-Registrar have the privileges 
and immunities in this paragraph. 
(2) They have immunity from suit and legal process in respect of all acts performed by 
them, including words spoken or written, in their o fficial capacity. 
                                                                                                                                            
(a) 1998 c.46.  Section C5 was amended by S.I. 2000/3 252 and S.I. 2014/1559.  5(3) They are exempt from devolved and local taxes i n respect of salaries, wages and 
emoluments paid to them by the Court (other than pe nsions and annuities) from the date on 
which the internal tax for the benefit of the Court  on salaries, wages and emoluments is 
applied to them. 
Staff 
9.—(1) Except in so far as in any particular case any privilege or immunity is waived by 
the Presidium of the Court, the Staff of the Court have the privileges and immunities in this 
paragraph. 
(2) They have immunity from suit and legal process in respect of all acts performed by 
them, including words spoken or written, in their o fficial capacity. 
(3) They are exempt from devolved and local taxes i n respect of salaries, wages and 
emoluments paid to them by the Court (other than pe nsions and annuities) from the date on 
which the internal tax for the benefit of the Court  on salaries, wages and emoluments is 
applied to them. 
(4) Sub-paragraph (3) does not apply to a person wh o is a British citizen, British overseas 
territories citizen, British Overseas citizen, Brit ish National (Overseas) or any person who 
at the time of taking up his functions with the Cou rt is a permanent resident of the United 
Kingdom.”  6EXPLANATORY NOTE 
(This note is not part of the Order) 
This Order amends the International Organisations ( Immunities and Privileges) (Scotland) Order 
2009 to confer privileges and immunities, insofar a s they are within devolved competence, on the 
Unified Patent Court and its representatives, judge s, registrars and employees. It gives effect to the  
Protocol on Privileges and Immunities done in Bruss els on 29th June 2016. It should be read 
together with the Unified Patent Court (Immunities and Privileges) Order 2017 (S.I. 2017/xxx) 
which confers additional immunities and privileges.  
  
  
© Crown copyright 2017 
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