The Social Security Co-ordination (Revocation of Retained Direct EU Legislation and Related Amendments) (EU Exit) Regulations 2020

Regulation 10

SCHEDULE AMENDMENTS

PART 1 AMENDMENTS TO PRIMARY LEGISLATION

Amendments to the Administration Act

1.—(1) Section 179 of the Administration Act(1) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), after “United Kingdom” insert “or an international organisation”;

(b) in paragraph (b), after “other government” insert “or international organisation”.

(3) In subsection (3)—

(a) in paragraph (a)—

(i) for “law of the country” substitute “law in force in the country”;

(ii) after “agreement is made” insert “or has effect”;

(b) in paragraph (b), for “law of that country” substitute “law in force in that country”.

(4) In subsection (4), after paragraph (aj) insert—

“(ak) to Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(al) to Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(am) to Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(an) to Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(ao) to Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018.”.

(5) After subsection (5) insert—

“(6) In this section, “international organisation” means an organisation of which—

(a) two or more sovereign powers are members, or

(b) the governments of two or more sovereign powers are members.”.

Amendments to the Administration (Northern Ireland) Act

2.—(1) Section 155 of the Administration (Northern Ireland) Act(2) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), after “United Kingdom” insert “or an international organisation”;

(b) in paragraph (b), after “other government” insert “or international organisation”.

(3) In subsection (3)—

(a) in paragraph (a)—

(i) for “law of the country” substitute “law in force in the country”;

(ii) after “agreement is made” insert “or has effect”;

(b) in paragraph (b), for “law of that country” substitute “law in force in that country”.

(4) In subsection (4), after paragraph (ah) insert—

“(ai) to Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(aj) to Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(ak) to Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(al) to Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(am) to Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018.”.

(5) After subsection (5) insert—

“(6) In this section, “international organisation” means an organisation of which—

(a) two or more sovereign powers are members, or

(b) the governments of two or more sovereign powers are members.”.

PART 2 AMENDMENTS TO SUBORDINATE LEGISLATION

Amendment to the Social Security (Amendment) (EU Exit) Regulations 2019

3.  Omit regulation 3(5) of the Social Security (Amendment) (EU Exit) Regulations 2019(3).

Amendment to the Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

4.  Omit regulation 3(5) of the Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019(4).

Amendments to the Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019

5.  In the Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019(5)—

(a) omit regulation 10;

(b) in regulation 16(c), omit the words from “, so far as not omitted” to the end.

(1)

Section 179 was amended by section 23 of, and paragraph 25 of Schedule 12 to, the Pensions Act 2014 and there are other amendments that are not relevant to these Regulations.

(2)

Section 155 was amended by section 30(5) of, and paragraph 31(3) of Schedule 16 to, the Pensions Act (Northern Ireland) 2015 and there are other amendments that are not relevant to these Regulations.

(3)

S.I. 2019/128.

(4)

S.I. 2019/129.

(5)

S.I. 2019/776.