Draft Order laid before Parliament under section 10(1) of the International Organisations Act 1968, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2022 No. 0000

International Immunities And Privileges

The International Organization for Marine Aids to Navigation (Legal Capacities) Order 2022

Made

2022

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the      day of      

Present,

The Queen’s Most Excellent Majesty in Council

This Order is made in exercise of the powers conferred by section 1(2) of the International Organisations Act 1968(1) (“the Act”).

A draft of this Order has been approved by resolution of each House of Parliament pursuant to section 10(1) of the Act.

Accordingly, Her Majesty is pleased, by and with the advice of Her Privy Council, to order as follows—

Citation, commencement and extent

1.—(1) This Order may be cited as the International Organization for Marine Aids to Navigation (Legal Capacities) Order 2022 and comes into force on the date on which the Convention on the International Organization for Marine Aids to Navigation(2) enters into force in respect of the United Kingdom.

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

The International Organization for Marine Aids to Navigation

2.  The International Organization for Marine Aids to Navigation (“the Organisation”) is an organisation of which Her Majesty’s Government in the United Kingdom and the governments of foreign sovereign Powers are members.

Legal capacities

3.  The Organisation has the legal capacities of a body corporate.

Name

Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order confers the legal capacities of a body corporate on the International Organization for Marine Aids to Navigation, an inter-governmental organisation established with the aim of ensuring that seafarers are provided with effective and harmonised marine aids to navigation services worldwide. The Organisation is established by the Convention on the International Organization for Marine Aids to Navigation, which was adopted in Kuala Lumpur on 28th February 2020 and was opened for signature on 27th January 2021.

Article 14.1 of the Convention provides for the Organisation to have legal capacities. This Order enables the Organisation to have the legal capacities of a body corporate, in accordance with this provision. It comes into force on the date the Convention enters into force with respect to the United Kingdom, in accordance with Article 20 of the Convention. If the United Kingdom is one of the first 30 States to ratify the Convention, this will be when the Convention enters into force on the ninetieth day after the date of deposit of the thirtieth instrument of ratification. Alternatively, if the United Kingdom ratifies the Convention after its initial entry into force, this will be on the thirtieth day after the United Kingdom’s deposit of its instrument of ratification.

A regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

An Explanatory Memorandum for this instrument has been published alongside this Order at www.legislation.gov.uk.

(1)

1968 c. 48; section 1(1) was amended by section 1 of the International Organisations Act 1981; there are other amendments not relevant to this Order.

(2)

The Convention was adopted at a conference at Kuala Lumpur on 28th February 2020 and is also referred to as the Kuala Lumpur Convention. The text of the Convention may be accessed at https://www.iala-aism.org/content/uploads/2020/03/KL-Convention.pdf.