European Union (Future Relationship) Act 2020 (c. 29)

PART 2 U.K. Trade and other matters

Social security U.K.

26 Social security co-ordination U.K.

(1) The following provisions of the Trade and Cooperation Agreement, in its English language version, form part of domestic law on and after the relevant day—

(a) the SSC Protocol;

(b) [F1 Title I of Heading 4 of Part 2 (Trade, Transport, Fisheries and Other Arrangements)];

(c) [F2 Articles 6 and 775], so far as applying to the SSC Protocol.

(2) Any enactment has effect on and after the relevant day with such modifications as—

(a) are required in consequence of subsection (1) or otherwise for the purposes of implementing the provisions mentioned in that subsection, and

(b) are capable of being ascertained from those provisions or otherwise from the Trade and Cooperation Agreement.

(3) Subsections (1) and (2)—

(a) are subject to any equivalent or other provision—

(i) which (whether before, on or after the relevant day) is made by or under this Act or any other enactment or otherwise forms part of domestic law, and

(ii) which is for the purposes of (or has the effect of) implementing to any extent the Trade and Cooperation Agreement or any other future relationship agreement, and

(b) do not limit the scope of any power which is capable of being exercised to make any such provision.

(4) The references to the Trade and Cooperation Agreement in—

(a) subsections (1) and (2), and

(b) the definition of “the SSC Protocol” in subsection (5),

are (except as provided in that definition) references to the agreement as it has effect on the relevant day.

(5) In this section—

• “domestic law” means—

  (a)

  in subsection (1), the law of England and Wales, Scotland and Northern Ireland, and

  (b)

  in subsection (3)(a)(i), the law of England and Wales, Scotland or Northern Ireland;

• “relevant day”, in relation to any provision mentioned in subsection (1) or any aspect of it, means—

  (a)

  so far as the provision or aspect concerned is provisionally applied before it comes into force, the time and day from which the provisional application applies, and

  (b)

  so far as the provision or aspect concerned is not provisionally applied before it comes into force, the time and day when it comes into force;

• “the SSC Protocol” means the Protocol on Social Security Coordination contained in the Trade and Cooperation Agreement, as that protocol is modified or supplemented from time to time in accordance with Article SSC.11(6), Article SSC.11(8) or Article SSC.68 of that protocol;

and references to the purposes of (or having the effect of) implementing an agreement (or any provision of an agreement) include references to the purposes of (or having the effect of) making provision consequential on any such implementation.

Textual Amendments

F1 Words in s. 26(1)(b) substituted (23.7.2021) by The European Union (Future Relationship) Act 2020 (References to the Trade and Cooperation Agreement) Regulations 2021 (S.I. 2021/884), reg. 1(2), Sch. (with reg. 1(3)(a))

F2 Words in s. 26(1)(c) substituted (23.7.2021) by The European Union (Future Relationship) Act 2020 (References to the Trade and Cooperation Agreement) Regulations 2021 (S.I. 2021/884), reg. 1(2), Sch. (with reg. 1(3)(a))

Commencement Information

I1 S. 26 in force at 31.12.2020 by S.I. 2020/1662, reg. 2(x)