2011 No. 977
The Northern Ireland Arms Decommissioning Act 1997 (Cessation of Section 7) Order 2011
Made
The Secretary of State makes the following Order in exercise of the powers conferred by section 7(6) of the Northern Ireland Arms Decommissioning Act 19971.
In accordance with section 7(6) of the Northern Ireland Arms Decommissioning Act 1997 the Minister for Justice of the Republic of Ireland has been consulted prior to the making of this Order.
Citation and interpretation1
1
This Order may be cited as the Northern Ireland Arms Decommissioning Act 1997 (Cessation of Section 7) Order 2011.
2
In this Order—
“the 1997 Act” means the Northern Ireland Arms Decommissioning Act 1997;
“the 1997 Order” means the Northern Ireland Arms Decommissioning Act 1997 (Immunities and Privileges) Order 19972;
“the Agreement” means the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Ireland establishing the Independent International Commission on Decommissioning3;
“the Commission” means the Independent International Commission on Decommissioning established by the Agreement;
“member of the Commission” means a person appointed in terms of Article 5 of the Agreement.
Cessation2
1
The day appointed for the purposes of section 7(6) of the 1997 Act (the Commission) is 31st March 2011.
2
Accordingly, subject to article 3, section 7 of the 1997 Act (and the 1997 Order) cease to have effect at the end of that day.
Transitional Provisions3
1
Section 7 of the 1997 Act continues to have effect in so far as necessary for paragraphs (2) to (4).
2
The 1997 Order continues to have effect after 31st March 2011 in so far as it confers privileges and immunities (including any exemption) on persons in respect of their performance of official duties on or before 31st March 2011 as members of the Commission, staff and agents of the Commission and other persons who have carried out work for or given advice to the Commission4.
3
Subject to paragraph (4), the 1997 Order continues to have effect after 31st March 2011 in so far as it confers on the official archives of the Commission the inviolability that is accorded to the official archives of a diplomatic mission in accordance with the Articles of the Vienna Convention on Diplomatic Relations 1961 which are set out in Schedule 1 to the Diplomatic Privileges Act 19645.
4
Her Majesty’s Government in the United Kingdom may at any time with the agreement of the Government of Ireland waive the inviolability of all or part of the official archives of the Commission, for a particular period of time or indefinitely and for a particular purpose or generally.
(This note is not part of the Order)