The Retained EU Law (Revocation and Reform) Act 2023 (Social Security Co-ordination) (Compatibility) Regulations 2025

Made: 13th May 2025

Laid before Parliament: 14th May 2025

Coming into force: 4th June 2025

The Commissioners for His Majesty’s Revenue and Customs make these Regulations in exercise of the power conferred by section 7(1) of the Retained EU Law (Revocation and Reform) Act 2023[^f00001] (“the 2023 Act”).

The Commissioners for His Majesty’s Revenue and Customs are a relevant national authority for the purposes of section 7(1) of the 2023 Act[^f00002].

Citation and commencement

1

These Regulations may be cited as the Retained EU Law (Revocation and Reform) Act 2023 (Social Security Co-ordination) (Compatibility) Regulations 2025 and come into force on 4th June 2025.

Compatibility between specified domestic and assimilated law

2

• (1) Section 7(2) of the Retained EU Law (Revocation and Reform) Act 2023[^f00003] applies (and section 5(A2) of the European Union (Withdrawal) Act 2018[^f00004] does not apply) to the relationship between provisions made by or under the domestic enactments specified in paragraph (2) and the provisions of assimilated direct legislation specified in paragraph (3).

• (2) The domestic enactments mentioned in paragraph (1) are—

• (a) the Insolvency Act 1986[^f00005],

• (b) section 4 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999[^f00006],

• (c) the Insolvency Act 2000[^f00007],

• (d) the Debt Arrangement and Attachment (Scotland) Act 2002[^f00008],

• (e) the Bankruptcy (Scotland) Act 2016[^f00009],

• (f) the Insolvency (Northern Ireland) Order 1989[^f00010], and

• (g) the Insolvency (Northern Ireland) Order 2002[^f00011].

• (3) The provisions of assimilated direct legislation mentioned in paragraph (1) (so far as they are saved by regulation 7 of the Social Security Co-ordination (Revocation of Retained Direct EU Legislation and Related Amendments) (EU Exit) Regulations 2020)[^f00012]) are—

• (a) Article 84 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems[^f00013], and

• (b) Chapter 3 of Title 4 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 on the coordination of social security systems[^f00014].

Signed

Jonathan Athow — Justin Holliday — Two of the Commissioners for His Majesty's Revenue and Customs — 13th May 2025

Explanatory note

(This note is not part of the Regulations)

Explanatory Note

These Regulations require that specified domestic legislation be read compatibly with specified assimilated direct legislation, relating to the co-ordination of social security between the UK and other countries.

Regulation 2 requires that provisions made by or under specified domestic legislation be read compatibly with specified assimilated direct legislation. This is necessary to give effect to international agreements in the field of social security, coordinating debt recovery, insolvency and recognition and enforcement of judgments, between the UK and other countries.

A full impact assessment has not been produced for this instrument because no, or no significant, impact on the private, voluntary or public sectors is foreseen.

Footnotes

[^f00001]: 2023 c. 28. Section 7(1) was amended by paragraph 11(2) of Schedule 2 to the Retained EU Law (Revocation and Reform) Act 2023 (“the 2023 Act”), subject to savings and transitional provisions specified in section 22(6) of the 2023 Act.

[^f00002]: The term “relevant national authority” is defined in section 21(1) of the 2023 Act and includes a Minister of the Crown. Section 21(1) of the 2023 Act provides that “Minister of the Crown” has the same meaning as the Ministers of the Crown Act 1975 (c. 26) and includes the Commissioners for His Majesty’s Revenue and Customs.

[^f00003]: Section 7(2) was amended by paragraph 11(2) of Schedule 2 to the 2023 Act, subject to savings and transitional provisions specified in section 22(6) of the 2023 Act.

[^f00004]: 2018 c. 16. Section 5(A2) of the European Union (Withdrawal) Act 2018 was inserted by section 3(1) of the 2023 Act and was amended by paragraph 8(2) of Schedule 2 to the 2023 Act.

[^f00005]: 1986 c. 45.

[^f00006]: 1999 c. 2. Section 4 was amended by paragraph 31 of Schedule 11 to the Welfare Reform and Pensions Act 1999 (c. 30), paragraph 5 of Schedule 1 and Part 1 of Schedule 2 to the National Insurance Contributions and Statutory Payments Act 2004 (c. 3) and paragraph 24 of Schedule 1 to the National Insurance Contributions Act 2015 (c. 5).

[^f00007]: 2000 c. 39.

[^f00008]: 2002 asp 17.

[^f00009]: 2016 asp 21.

[^f00010]: S.I. 1989/2405 (N.I. 19).

[^f00011]: S.I. 2002/3152 (N.I. 6).

[^f00012]: S.I. 2020/1508.

[^f00013]: EUR 883/2004. This Regulation was revoked by S.I. 2020/1508 subject to savings specified in S.I. 2020/1508, and, so far as it relates to social security matters devolved to Scotland, by S.S.I. 2020/399, subject to savings specified in S.S.I. 2020/399, and amended, in so far as it is still force, by S.I. 2019/776.

[^f00014]: EUR 987/2009. This Regulation was revoked by S.I. 2020/1508 subject to savings specified in S.I. 2020/1508, and, so far as it relates to social security matters devolved to Scotland, by S.S.I. 2020/399, subject to savings specified in S.S.I. 2020/399 and amended, in so far as it is still force, by S.I. 2019/776.