The European Communities (Immunities and Privileges of the North Atlantic Salmon Conservation Organization and North-East Atlantic Fisheries Commission) (Revocation) Regulations 2026
These Regulations formally revoke older statutory instruments from 1985, 1999, and 2001 that conferred specific immunities and privileges upon the North Atlantic Salmon Conservation Organization and the North-East Atlantic Fisheries Commission under previous European Communities law, exercising powers granted by the Retained EU Law (Revocation and Reform) Act 2023, with the revocation taking effect on March 31, 2027, to allow time for successor legislation to be enacted to maintain continuity.
Arguments For
The action harmonizes domestic law following the passage of the Retained EU Law (Revocation and Reform) Act 2023, fulfilling a broader legislative agenda to reform retained EU law.
Revocation allows for the replacement of outdated statutory instruments with new legislation made under the International Organisations Act 1968, ensuring that necessary privileges and immunities continue under updated UK domestic authority.
Creating a defined sunset date allows for planned transition, ensuring the continued operation and necessary staff protections for two important international bodies related to fisheries management.
Arguments Against
Immediate revocation without existing replacement legislation could create a legal gap, potentially disrupting the operational status and immunities of the international organizations concerning staff and representatives in the UK until replacement instruments take effect.
The process of replacing inherited EU law with new domestic provisions introduces administrative complexity and requires precise coordination between relevant UK government departments and the international bodies affected.
Changing the basis for conferring immunities from initial EU legislation to domestic acts might alter the legal framework governing those privileges, requiring careful scrutiny by the affected organizations.
STATUTORY INSTRUMENTS
2026 No. 518
RETAINED EU LAW REFORM INTERNATIONAL IMMUNITIES AND PRIVILEGES
The European Communities (Immunities and Privileges of the North Atlantic Salmon Conservation Organization and North-East Atlantic Fisheries Commission) (Revocation) Regulations 2026
| Sift requirements satisfied | 28th April 2026 | |-------------------------------|-------------------| | Made - - - - | 13th May 2026 | | Laid before Parliament | 14th May 2026 | | Coming into force - | 31st March 2027 |
This preamble identifies the instrument as a Statutory Instrument numbered 2026 No. 518, classifying it under Retained EU Law Reform and International Immunities and Privileges.
It names the instrument as the Revocation Regulations concerning immunities for the North Atlantic Salmon Conservation Organization and the North-East Atlantic Fisheries Commission.
The table notes that scrutiny requirements were satisfied on April 28, 2026, the regulations were officially made on May 13, 2026, laid before Parliament on May 14, 2026, and will come into force on March 31, 2027.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 14(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 section 14(1) 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.
The Secretary of State is enacting these Regulations using the authority provided by section 14(1) of the Retained EU Law (Revocation and Reform) Act 2023.
The Secretary of State confirms they are the designated 'relevant national authority' for enacting this type of measure under the 2023 Act.
The necessary parliamentary procedures, specifically those detailed in Schedule 5 of the 2023 Act, have been completed for these Regulations.
Citation, commencement and extent
- -(1) These Regulations may be cited as The European Communities (Immunities and Privileges of the North Atlantic Salmon Conservation Organization and North-East Atlantic Fisheries Commission) (Revocation) Regulations 2026.
- (2) These Regulations come into force on 31st March 2027.
- (3) These Regulations extend to England and Wales, Scotland and Northern Ireland.
Regulation 1 covers the formal titles, when the rules start operating, and where they apply.
The official citation is established by subsection (1).
Subsection (2) sets the commencement date as March 31, 2027.
Subsection (3) confirms that the regulations apply across the whole of the United Kingdom: England, Wales, Scotland, and Northern Ireland.
Revocation of certain instruments
- The following instruments are revoked-
- (a) The European Communities (Immunities and Privileges of the North Atlantic Salmon Conservation Organization) Order 1985( 3 );
- (b) The European Communities (Immunities and Privileges of the North-East Atlantic Fisheries Commission) Order 1999( 4 );
- (c) The European Communities (Immunities and Privileges of the North Atlantic Salmon Conservation Organization) Order 2001( 5 ).
Regulation 2 details the primary legal action of this instrument, which is to revoke three previous statutory instruments.
These revoked instruments relate to granting immunities and privileges to the North Atlantic Salmon Conservation Organization (from 1985 and 2001) and the North-East Atlantic Fisheries Commission (from 1999).
13th May 2026
Seema Malhotra Parliamentary Under-Secretary of State Foreign, Commonwealth and Development Office
This confirms the date the regulations were signed—May 13, 2026—and identifies the authorized signatory, Seema Malhotra, who was the Parliamentary Under-Secretary of State for the Foreign, Commonwealth and Development Office.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations are made in exercise of the power in section 14(1) of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28) ('the REUL Act'). This is the power to revoke secondary assimilated EU law without replacing it. These Regulations revoke the European Communities (Immunities and Privileges of the North Atlantic Salmon Conservation Organization) Order 1985, as amended by the European Communities (Immunities and Privileges of the North Atlantic Salmon Conservation Organization) Order 2001, ('the 1985 Order') and the European Communities (Immunities and Privileges of the North-East Atlantic Fisheries Commission) Order 1999 ('the 1999 Order').
Regulation 1 provides for citation, commencement and extent.
Regulation 2 revokes the 1985 Order and the 1999 Order. The 1985 Order confers privileges and immunities on the North Atlantic Salmon Conservation Organization, on representatives of its members and on its officers. These privileges and immunities are conferred in accordance with the Headquarters Agreement between the Government of the United Kingdom and the Organisation (Cm. 9488) and the Exchange of Notes amending the Headquarters Agreement (Cm. 5093). The 1999 Order confers privileges and immunities on the North-East Atlantic Fisheries Commission, representatives of its members and its officials. These privileges and immunities are conferred in accordance with a Headquarters Agreement which has been negotiated between the Government of the United Kingdom and the Commission (Cm. 4265). These Regulations commence on 31 March 2027 to allow replacement instruments to be made under the International Organisations Act 1968 before the 1985 Order and the 1999 Order are revoked. This will ensure continuity of the privileges and immunities accorded to the Organisations, representatives of their members, and their officers and officials in the United Kingdom.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An Explanatory Memorandum has been published alongside this instrument at www.legislation.gov.uk.
This note explains that the instrument uses the power under the REUL Act to repeal retained secondary EU law without substituting it immediately.
Specifically, it revokes the 1985 Order (as amended in 2001) relating to salmon conservation and the 1999 Order concerning fisheries.
Regulation 1 covers citations and dates, while Regulation 2 performs the revocation.
The privileges granted by the revoked orders were based on specific Headquarters Agreements between the UK Government and each organization.
The specified commencement date of March 31, 2027, is designed to create a window for new successor instruments under the International Organisations Act 1968 to be made, thereby ensuring continuous legal protection (privileges and immunities) for the organizations and their staff.
The note also states that a full impact assessment was not required as no significant impact on sectors is anticipated.
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