The Northern Ireland (Monitoring Commission etc.) Act 2003 (Cessation of Provisions) Order 2011

EXPLANATORY NOTE

(This note is not part of the Order)

Article 2 of this Order appoints 31st March 2011 as the day at the end of which certain provisions in the Northern Ireland (Monitoring Commission etc.) Act 2003 and the Northern Ireland Act 1998 cease to have effect. The provisions which cease to have effect make provision in respect of the Independent Monitoring Commission (“the Commission”), the publication of reports made by the Commission, reports by the Secretary of State about the operation of the Agreement establishing the Commission and action which can be taken by the Secretary of State following a report by the Commission. The Commission will cease to operate at the end of 31st March 2011 by virtue of an exchange of letters between Her Majesty’s Government of the United Kingdom and the Government of Ireland which will terminate the Agreement between those governments which establishes the Commission. Article 3 of this Order makes consequential and transitional provision regarding the need to lay outstanding reports of the Commission before Parliament and regarding the reports of the Secretary of State about the operation of the Agreement and the operation of certain provisions of the Northern Ireland Act 1998. By virtue of article 2 of this Order, the Northern Ireland (Monitoring Commission etc.) Act 2003 (Immunities and Privileges) Order 2003 ceases to have effect at the end of 31st March 2011. But immunities and privileges enjoyed by members, staff and agents of the Commission and other persons who have carried out work for or given advice to the Commission are preserved by articles 3(1) and 4(1) in respect of official duties carried out by them on or before 31st March 2011. And article 4(2) and (3) provides that the official archives of the Commission will after 31st March 2011 continue to enjoy the inviolability that is accorded to the official archives of a diplomatic mission in accordance with the Articles of the 1961 Vienna Convention on Diplomatic Relations 1961 which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 until waived by Her Majesty’s Government in the United Kingdom with the agreement of the Government of Ireland. Article 5 makes a number of consequential amendments to the Northern Ireland Act 1998.