The Social Security (Iceland) (Liechtenstein) (Norway) Order 2023

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Social Security (Iceland) (Liechtenstein) (Norway) Order 2023.

(2) This article and article 4 of this Order come into force on the day after this Order is made.

(3) Articles 2 and 3 of this Order come into force—

(a) in relation to the United Kingdom and the first EEA EFTA State to notify the Depositary in accordance with Article 74(1) and (2) (Entry into force) of the Convention set out in the Schedule to this Order, on the first day of the month following the later of the dates on which the Depositary receives the notification of that EEA EFTA State and the United Kingdom(1); and

(b) in relation to an EEA EFTA State which notifies the Depositary after the notification given by the EEA EFTA State referred to in sub-paragraph (a) in accordance with Article 74(1) and (3) of the Convention set out in the Schedule to this Order, on the first day of the month following the date on which the Depositary receives the notification of that EEA EFTA State.

(4) In this Order—

(a) “the Depositary” is to be interpreted in accordance with Article 73(2) (Authentic text and depositary) of the Convention set out in the Schedule to this Order; and

(b) “EEA EFTA State” has the meaning given to it in Article 1(o) (Definitions) of the Convention set out in the Schedule to this Order.

Modification of legislation

2.—(1) The legislation to which this paragraph applies is modified to the extent required to give effect to the provisions contained in the Convention set out in the Schedule to this Order, so far as they relate to England, Wales and Scotland.

(2) Subject to paragraph (3), paragraph (1) applies to—

(a) the Social Security Administration Act 1992(2);

(b) the Social Security Contributions and Benefits Act 1992(3);

(c) the Jobseekers Act 1995(4);

(d) Chapter 2 of Part 1 of the Social Security Act 1998(5);

(e) Part 2 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999(6);

(f) the State Pension Credit Act 2002(7);

(g) Part 1 of the Welfare Reform Act 2007(8);

(h) Parts 1 and 4 of the Welfare Reform Act 2012(9);

(i) Parts 1 and 5 of the Pensions Act 2014(10);

(j) the following as they form part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018(11)—

(i) Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems;

(ii) Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation 883/2004; and

(k) regulations within the scope of section 179(5) of the Social Security Administration Act 1992(12).

(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.

(4) Paragraph (1) also applies to Part 3 of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999(13) so far as such provision relates to Northern Ireland.

Variation of Orders

3.  The Social Security (Iceland) Order 1985(14) and the Social Security (Norway) Order 1991(15) are varied in accordance with Article 78 (Relationship with pre-existing Social Security Coordination Agreements) of the Convention set out in the Schedule to this Order, so far as they relate to England, Wales and Scotland.

Amendment of the Social Security (Norway) Order 2020 and the Social Security (Switzerland) Order 2021

4.—(1) The Social Security (Norway) Order 2020(16) is amended as follows.

(a) In Article 2(3), omit “, unless regulation 3 of the Scotland Act 2016 (Transitional) Regulations 2017 applies to functions conferred on a Minister of the Crown in respect of that devolved competence”.

(b) In Article 2(4), for “Part 2”, substitute “Part 3”.

(2) The Social Security (Switzerland) Order 2021(17) is amended as follows.

(a) In Article 2(3), omit “, unless regulation 3 of the Scotland Act 2016 (Transitional) Regulations 2017 applies to functions conferred on a Minister of the Crown in respect of that devolved competence”.

(b) In Article 2(4), for “Part 2”, substitute “Part 3”.

Richard Tilbrook

Clerk of the Privy Council