The Social Security (Iceland) (Liechtenstein) (Norway) (Further provision in respect of Scotland) Order 2023

Scottish Statutory Instruments

2023 No. 282

Social Security

The Social Security (Iceland) (Liechtenstein) (Norway) (Further provision in respect of Scotland) Order 2023

Made

11th October 2023

Laid before the Scottish Parliament

13th October 2023

Coming into force in accordance with article 1(1)

At the Court at Buckingham Palace, the 11th day of October 2023

Present,

The King’s Most Excellent Majesty in Council

This Order is made under the powers in section 179(1)(a) and (2) of the Social Security Administration Act 1992(1) which provide that, for the purpose of giving effect to any agreement with the government of a country outside the United Kingdom providing for reciprocity in specified matters, His Majesty may by Order in Council make provision for modifying or adapting specified legislation in its application to cases affected by such agreement.

At London on 30 June 2023 a Convention on Social Security Coordination between Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland(2) (“the Convention”) was signed on behalf of the respective Governments. The Convention makes provision for reciprocal arrangements between Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland in relation to social security following the United Kingdom’s withdrawal from the European Union and the European Economic Area.

The Convention shall enter into force (in relation to the States which have notified the Depositary) on the first day of the month following the later of the dates on which the Depositary receives from the United Kingdom and at least one other party notification of completion of their respective internal requirements and procedures for entry into force of the Convention. For any other party which notifies the Depositary after this date, the Convention shall enter into force on the first day of the month following the date on which the Depositary receives that party’s notification.

In order to give effect to the Convention, therefore, His Majesty, in exercise of the powers conferred upon Him by section 179(1)(a) and (2) of the Social Security Administration Act 1992 and of all other powers enabling Him to do so, is pleased, by and with the advice of His Privy Council, to order as follows:

(1)

1992 c. 5. Section 179(1) has been amended by S.I. 2020/1508. Legislative competence for some welfare benefits was devolved to the Scottish Parliament by Part 3 of the Scotland Act 2016 (c. 11), which inserted exceptions into the Scotland Act 1998 (c. 46), schedule 5, Part 2, Section F1. By virtue of section 27(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10), the function of His Majesty of making an Order in Council, so far as the function is exercisable within devolved competence, is exercisable by a Scottish Statutory Instrument.

(2)

2023 CP 889.