Paragraph 6 Modifications of the relevant retained direct EU legislation

(1)

In a case falling within paragraph 2, 3 or 5, the relevant retained direct EU legislation has effect—

(a)

with the modifications set out in the following sub-paragraphs and paragraphs 7 and 8,

(b)

without the amendments and revocations of that legislation in Schedules 1 to 4 to these Regulations or other regulations under section 8 of the European Union (Withdrawal) Act 2018, and

(c)

as if—

(i)

the amendments and revocations of the EEA agreement, and

(ii)

the modifications of the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, done at Luxembourg on 21st June 1999,

made by regulation 16 of these Regulations or regulations 3 and 4 of the Social Security Coordination (Regulation (EC) No 883/2004, EEA Agreement and Swiss Agreement) (Amendment) (EU Exit) Regulations 2019, so far as relating to the coordination of the provision of relevant benefits in kind, had not been made.

(2)

A reference in the relevant retained direct EU legislation to a member State is to be read as if the United Kingdom were a member State.

(3)

Where a provision of the relevant retained direct EU legislation imposes an obligation on the United Kingdom or an authority, institution or other body of the United Kingdom the performance of which would have been, immediately before exit day, wholly or partly dependent on a step being taken or a requirement being satisfied by—

(a)

an EU institution^f1,

(b)

a member State or an authority, institution or other body of a member State, or

(c)

any other person or body,

the United Kingdom or an authority, institution or other body of the United Kingdom is not required to perform the obligation unless that step is taken or the requirement is satisfied.

(4)

A provision of the relevant retained direct EU legislation that requires effect to be given to—

(a)

a list or other document issued by the Administrative Commission,

(b)

a decision or determination made by the Administrative Commission,

(c)

a procedure or other method established by the Administrative Commission,

(d)

an opinion given by the Administrative Commission, or

(e)

rules made or a measure taken by the Administrative Commission,

has effect as a provision that permits an authority, institution or other body of the United Kingdom to have regard to the act done by the Administrative Commission, whether the act is done before, or on or after, exit day.

(5)

The relevant retained direct EU legislation is not to be treated by virtue of this paragraph as—

(a)

conferring powers or imposing duties on an EU institution in relation to the United Kingdom,

(b)

conferring powers or imposing duties on a member State or an authority, institution or other body of a member State in relation to the United Kingdom,

(c)

requiring the United Kingdom or an authority, institution or other body of the United Kingdom to provide information to, or to take any other step as regards, an EU institution, or

(d)

requiring the United Kingdom or an authority, institution or other body of the United Kingdom to publish material in the Official Journal of the European Union.

(6)

Sub-paragraphs (2) to (5) are subject to the specific modifications in paragraphs 7 and 8.

(7)

In this paragraph, “the Administrative Commission” means the Administrative Commission for the Coordination of Social Security Systems (see Title 4 of Regulation (EC) No 883/2004) or, where functions have been assumed by the EEA Joint Committee, the EEA Joint Committee; and references in this paragraph to an EU institution are to be read accordingly.

Annotations

Footnotes

f1: See Schedule 1 to the Interpretation Act 1978 (c. 30) as to the meaning of “EU institution”.