Draft UPC legislation laid in Scottish Parliament 5 September 2017


A draft Statutory Instrument (The International Organisations (Immunities and Privileges) (Scotland) Amendment (No. 2) Order 2017) has been laid before the Scottish Parliament.   This Order will amend the International Organisations (Immunities and Privileges) (Scotland) Order 2009 to confer certain devolved privileges and immunities on the Unified Patent Court (UPC) and its Judges, Registrar and other staff.   Another draft Statutory Instrument (The Unified Patent Court (Immunities and Privileges) Order 2017) is currently before the UK Parliament (laid on 26 June 2017, reported here) and is awaiting debate in the House of Commons.  The two Orders will together give effect to the Protocol on Privileges and Immunities of the UPC and allow the UK to ratify this Protocol and also the UPC Agreement.

As published by the Scottish Parliament here, the draft Order was laid on 31 August and is subject to the affirmative procedure.  Under this procedure, the Justice Committee (the ‘lead’ committee) must make a recommendation (in this case by 29 October 2017) whether or not the draft Order be approved; if it recommends approval, the Parliamentary Bureau will propose a motion that the Parliament agrees to approve it.  However, the first step is for the Delegated Powers and Law Reform Committee (DPLR) to report to the Justice Committee and also to the Parliament, drawing attention to any legal or technical issues. The DPLR is scheduled to meet next Tuesday, 12 September.

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