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The African Legal Support Facility (Legal Capacities) Order 2014

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Statutory Instruments

2014 No. 1891

International Immunities And Privileges

The African Legal Support Facility (Legal Capacities) Order 2014

Made

16th July 2014

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 16th day of July 2014

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).

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

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

1.  This Order may be cited as the African Legal Support Facility (Legal Capacities) Order 2014 and shall come into force on the date on which the Agreement for the Establishment of the African Legal Support Facility signed by the United Kingdom on 17th December 2009(2) enters into force in the respect of the United Kingdom(3).

2.  The African Legal Support Facility is an organisation of which the United Kingdom and other sovereign Powers are members.

3.  The African Legal Support Facility shall have the legal capacities of a body corporate.

Richard Tilbrook

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 African Legal Support Facility (‘ALSF’), an international organisation established with the aim of ensuring fair and balanced negotiations between African countries and their investors and creditors by providing legal assistance to strengthen legal expertise and negotiating capacity in debt management and litigation; natural resources and extractive industries management and contracting; investment agreements; and related commercial and business transactions. The Agreement for the Establishment of the African Legal Support Facility (‘the ALSF Agreement’) entered into force on 15 December 2008. The United Kingdom signed the ALSF Agreement on 17 December 2009.

Article III of the ALSF Agreement requires that ALSF have legal capacity. This Order will enable Her Majesty’s Government to give effect to its obligations under Article III and will come into force on the date that the ALSF Agreement enters into force with respect to the United Kingdom.

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

(2)

Cm 8427.

(3)

It will be possible to find out the date on which the Agreement referred to in article 1 enters into force for the United Kingdom by referring to the relevant page on UK Treaties Online which can be found at this link: https://www.gov.uk/uk-treaties.

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