Statutory Instruments
2023 No. 1118
Retained EU Law Reform
INTERNATIONAL IMMUNITIES AND PRIVILEGES
The European University Institute Regulations 2023
Sift requirements satisfied
17th October 2023
Made
24th October 2023
Laid before Parliament
26th October 2023
Coming into force in accordance with Regulation 1(2)
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 11(1) and (6), 13(2) and (3), and 20(1) of the Retained EU Law (Revocation and Reform) Act 2023 (“ the 2023 Act ”)( 1 ).
The Secretary of State is a relevant national authority for the purposes of sections 11(1) and 13(3) of the 2023 Act( 2 ).
The requirements of paragraph 6(2) of Schedule 5 to the 2023 Act (relating to the appropriate Parliamentary procedure for these regulations) have been satisfied.
Citation, commencement and extent
1. —(1) These Regulations may be cited as the European University Institute Regulations 2023.
(2) These Regulations come into force immediately before the end of 2023.
(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.
Interpretation
2. —(1) In these Regulations—
“ the Institute ” means the European University Institute, which is established by the Convention setting up a European University Institute( 3 );
“ relevant contract ” means a contract of employment requiring service for the Institute, which was in effect immediately before 25th November 2022( 4 );
“ relevant person ” means—
(2) In these Regulations, the term of the relevant contract is that prevailing immediately before 25th November 2022 (“the prevailing term”), and does not include any period of extension, continuation or renewal of the prevailing term which commences on or after 25th November 2022.
Immunity from suit and legal process
3. —(1) A relevant person has immunity from suit and legal process in respect of acts done by them in the exercise of and within the limits of their functions at the Institute, including words written or spoken, on or after:
(a) 20th March 1975( 7 ) and prior to 25th November 2022, and
(b) 25th November 2022 where the relevant person is party to a relevant contract and the act takes place before the term of the relevant contract comes to an end.
(2) No immunity conferred on a person by this Regulation applies in relation to—
(a) a road traffic offence committed by the person, or
(b) a civil action brought against the person by a third party for damages resulting from an accident caused by a motor vehicle belonging to, or operated by, the person.
(3) The immunity conferred under paragraph (1) continues to apply to a relevant person after they cease to be employed by the Institute.
Income tax privilege
4. —(1) This Regulation applies to a relevant person who is party to a relevant contract.
(2) Income tax will not be payable on the salary, wages or emoluments earned by that person under the relevant contract and during the term of the relevant contract.
(3) Paragraph (2) does not apply to pensions and annuities earned by a relevant person under the relevant contract.
(4) The salary, wages and emoluments earned by that person under the relevant contract may be taken into account for the purpose of assessing the amount of taxation to be applied to income from other sources.
Robert Halfon
Minister of State
Department for Education
24th October 2023
The term “relevant national authority” is defined in section 21(1) of the Retained EU Law (Revocation and Reform) Act 2023.
OJ C 29, 9.2.1976, p 1-17. The Convention setting up a European University Institute (“ the Convention ”) was signed by its original six members – Belgium, France, Germany, Italy, Luxembourg and the Netherlands – on 19 April 1972. The United Kingdom acceded to the Convention on 20 March 1975. The European Communities (Definition of Treaties) Order 1975 ( S.I. 1975/408 ) (“ the Order ”) specified the Convention as an “ EU Treaty ” as defined in section 1 of the European Communities Act 1972 (c. 68) . The Order was revoked by regulation 2 of the European Union (Definition of Treaties) (Revocation) (EU Exit) Regulations 2018 ( S.I. 2018/1012 ) which came into force on IP completion day (31 December 2020). The relevant version of the Convention is that in force immediately before exit day. Subsequent changes have been made to the Convention but they are not relevant to these Regulations.
This is the date that the European University Institute (EU Exit) Regulations 2022 ( S.I. 2022/1231 ) (“ the 2022 Regulations ”) came into force. The 2022 Regulations revoked the retained EU law deriving from the Convention except for a legal proceedings immunity. The 2022 Regulations also made saving provision in respect of individuals who were serving as staff of the European University Institute immediately before the coming into force of the 2022 Regulations, namely continued immunity for those staff from legal proceedings and a continued income tax privilege.
The role and responsibilities of the Principal are set out in the Convention.
The role and responsibilities of the Secretary are set out in the Convention.
This is the date of accession of the United Kingdom to the Convention.