The Social Security (Switzerland) (Further provision in respect of Scotland) Order 2021

Scottish Statutory Instruments

2021 No. 345

Social Security

The Social Security (Switzerland) (Further provision in respect of Scotland) Order 2021

Made

29th September 2021

Laid before the Scottish Parliament

1st October 2021

Coming into force in accordance with article 1

At the Court at Balmoral, the 29th day of September 2021

Present,

The Queen’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, Her 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 9 September 2021 a Convention on Social Security Coordination between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation(2) (“the Convention”) was signed on behalf of the respective Governments. The Convention makes provision for reciprocal arrangements between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation in relation to social security following the United Kingdom’s withdrawal from the European Union.

Article 72 of the Convention provides that the Convention shall enter into force on the first day of the third month following the date of receipt of the later of the States’ written notifications that they have complied with all statutory and constitutional requirements for the entry into force of the Convention. Article 73 provides that, pending entry into force of the Convention, the States may agree to provisionally apply the Convention by an exchange of notes through diplomatic channels. Provisional application of the Convention shall take effect on the day following the later of the States’ notes.

In order to give effect to the Convention, therefore, Her Majesty, in exercise of the powers conferred on Her by section 179(1)(a) and (2) of the Social Security Administration Act 1992 and of all other powers enabling Her to do so, is pleased, by and with the advice of Her 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. This devolution is subject to transitional arrangements set out in S.I. 2017/444. By virtue of section 27(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10), the function of Her 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)

2021 CP 530.