2019 No. 1302
The Social Security (Iceland) (Liechtenstein) (Norway) (Citizens’ Rights Agreement) Order 2019
Made
Coming into force in accordance with article 1
At the Court at Buckingham Palace, the 8th day of October 2019
Present,
The Queen’s Most Excellent Majesty in Council
This Order is made under the powers in section 179(1) and (2) of the Social Security Administration Act 19921, 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, Her Majesty may by Order in Council make provision for modifying or adapting specified legislation in its application to cases affected by such agreement.
Following the withdrawal of the United Kingdom from the European Union, the Agreement on the European Economic Area of 2nd May 1992, as amended and with its Protocols and Annexes (“the EEA Agreement”), will no longer apply as between the United Kingdom and Iceland, the Principality of Liechtenstein (“Liechtenstein”) and the Kingdom of Norway (“Norway”).
At London on 2nd April 2019 an Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Governments of Iceland, Liechtenstein and Norway regarding arrangements for citizens’ rights following the withdrawal of the United Kingdom from the European Union and the EEA Agreement (“the EEA Citizens’ Rights Agreement”) was signed on behalf of those Governments. Part 2 of the EEA Citizens’ Rights Agreement makes provision in relation to social security.
The EEA Citizens’ Rights Agreement will enter into force on the later of either exit day, or the date on which both the United Kingdom of Great Britain and Northern Ireland2 and at least one other party have deposited their instruments of ratification, acceptance or approval with the Depositary. Article 43(5) of the EEA Citizens’ Rights Agreement allows for provisional application, from either the later of exit day or the date on which both the United Kingdom of Great Britain and Northern Ireland and at least one other party have deposited their notifications.
In order to give effect to the EEA Citizens’ Rights Agreement, therefore, Her Majesty, in exercise of the powers conferred on Her by section 179(1) and (2) of the Social Security Administration Act 1992 and of all the powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order as follows:
Citation and commencement1
1
This Order may be cited as the Social Security (Iceland) (Liechtenstein) (Norway) (Citizens’ Rights Agreement) Order 2019 and comes into force on the occurrence of the later of the events in paragraph (2).
2
The events are—
a
immediately after the Social Security (Amendment) (EU Exit) Regulations 20193 having come into force; and
b
the earlier of the following—
i
the requirements of Article 43(3) of the EEA Citizens’ Rights Agreement set out in the Schedule to this Order4 having been met; and
ii
the requirements of Article 43(5) of the EEA Citizens’ Rights Agreement set out in the Schedule to this Order having been met.
Modification of legislation2
1
The legislation to which this paragraph applies is modified or adapted to the extent required to give effect to the provisions contained in the EEA Citizens’ Rights Agreement set out in the Schedule to this Order.
2
Subject to paragraph (3), paragraph (1) applies to—
a
the Social Security Administration Act 1992;
b
the Social Security Contributions and Benefits Act 19925;
c
the Jobseekers Act 19956;
d
Chapter 2 of Part 1 of the Social Security Act 19987;
e
Part 2 of the Social Security Contributions (Transfer of Functions, etc.) Act 19998;
f
the State Pension Credit Act 20029;
g
Part 1 of the Welfare Reform Act 200710;
h
Parts 1 and 4 of the Welfare Reform Act 201211;
i
Parts 1 and 5 of the Pensions Act 201412;
j
Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29th April 2004 on the coordination of social security systems13, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 201814;
k
Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16th September 2009 laying down the procedure for implementing Regulation (EC) No 883/200415, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018; and
l
regulations within the scope of section 179(5) of the Social Security Administration Act 1992;
so far as such provisions relate to England, Wales and Scotland.
3
Paragraph (1) does not modify any legislation so far as it would be within the legislative competence of the Scottish Parliament to make such modification, unless regulation 3 of the Scotland Act 2016 (Transitional) Regulations 201716 applies to functions conferred on a Minister of the Crown in respect of that devolved competence.
4
Paragraph (1) also applies to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 199917 so far as such provision relates to Northern Ireland.
SCHEDULEAgreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Governments of Iceland, Liechtenstein and Norway regarding arrangements for citizens’ rights following the withdrawal of the United Kingdom from the European Union and the EEA Agreement
(This note is not part of the Order)