Commentary on Sections Section 1: The Monitoring Commission
11.Subsections (2) and (4) enable the Secretary of State for Northern Ireland, by Order made by statutory instrument, to confer on the Commission the legal capacities of a body corporate and to confer immunities and privileges on the Commission and its members, its staff and other persons working for it, and their families. Such an order is subject to the negative resolution procedure.
12.It is expected that the order to be made under section 1(2) will make provision similar to that contained in the Northern Ireland Decommissioning Act 1997 (Immunities and Privileges) Order 1997 (S.I. 1997/2231) and in the Northern Ireland (Location of Victims’ Remains) Act 1999 (Immunities and Privileges) Order 1999 (S.I. 1999/1437). Those orders confer immunity and privileges on the Independent International Commission on Decommissioning, and on the Independent Commission for the Location of Victims’ Remains, respectively.