SCHEDULE
CONVENTION ON SOCIAL
SECURITY BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN IRELAND AND THE GOVERNMENT OF THE KINGDOM OF NORWAY
The Government of the United
Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom
of Norway;
Having established reciprocity in
the field of social security by means of the Convention which was signed on
their behalf at London on 25th July 1957;
Desiring to extend and modify the
scope of that reciprocity and to take account of changes in their legislation;
Having included reciprocal
provisions in relation to medical treatment in the Protocol concerning Medical
Treatment which forms an integral part of this Convention;
Have agreed as follows:
PART I
GENERAL PROVISIONS
ARTICLE 1
(1) For
the purpose of this Convention:
(a) “legislation”
means, in relation to a Party, such of the legislation specified in Article 2
of this Convention as applies in the territory of that Party or in any part thereof;
(b) “competent
authority” means the authority responsible for the social security
schemes in all or part of the territory of each Party; that is to say, in
relation to the United Kingdom, the Secretary of State for Social Security, the
Department of Health and Social Services for Northern Ireland, the Isle of Man
Department of Health and Social Security, or the Social Security Committee of
the States of Jersey, as the case may require and, in relation to Norway, the Ministry
of Health and Social Affairs or the Ministry of Local Government and Labour, as
the case may require;
(c) “insurance
authority” means, in relation to the United Kingdom, the authority
competent to decide entitlement to the benefit in question and, in relation to
Norway, the institution or authority competent for the application of the
legislation specified in paragraph (1)(b) of Article 2 of this
Convention;
(d) “competent
institution” means the institution from which the person concerned is
entitled to receive benefit or would be entitled to receive benefit if he were
resident in the territory of the Party where the institution is situated;
(e) “insured”
means, in relation to the United Kingdom, that contributions have been paid by
or are payable by or in respect of, or have been credited in respect of, the person
concerned, or for the purpose of Section 7 of Part III of this Convention, that
the person concerned is, or is treated as being, an employed person, and, in
relation to Norway, a person who is insured in accordance with the legislation
specified in paragraph (1)(b) of Article 2 of this Convention;
(f) “insurance
period” means, in relation to the United Kingdom, a contribution period
or an equivalent period and, in relation to Norway, a period in respect of
which a person has been insured as specified in paragraph (1)(e) of this Article
for the benefit in question;
(g) “contribution
period” means, in relation to the United Kingdom, a period in respect of
which contributions appropriate to the benefit in question are payable, have
been paid or treated as paid under the legislation of the United Kingdom and,
in relation to Norway, an insurance period;
(h) “equivalent
period” means, in relation to the United Kingdom, a period for which
contributions appropriate to the benefit in question have been credited under
the legislation of the United Kingdom;
(i) “pension”,
“allowance” or “benefit” includes any increase of, or
any additional amount payable with, a pension, allowance or benefit
respectively;
(j) “unemployment
benefit” means, in relation to Norway, benefit defined as daily cash
benefit during unemployment under the legislation of Norway;
(k) “sickness
benefit” means, in relation to Norway, sickness benefit including rehabilitation
allowance paid after the expiry of the sickness benefit period during continued
medical treatment aimed at improving the capacity for work;
(l) “maternity
allowance” means, in relation to Norway, daily cash benefit payable in
the case of maternity and adoption; the term shall not include special benefits
payable to single parents under the legislation of Norway;
(m) “invalidity
pension” means, in relation to Norway, a disability pension as defined in
the legislation of Norway including rehabilitation allowance paid in all
situations other than those referred to in sub-paragraph (k) in relation
to sickness benefit;
(n) “old
age pension” means, in relation to the United Kingdom, a retirement
pension or old age pension payable under the legislation of the United Kingdom;
(o) “survivors’
benefit” means, in relation to the United Kingdom, widow’s
allowance, widow’s payment, widowed mother’s allowance and
widow’s pension payable under the legislation of the United Kingdom and,
in relation to Norway, pension and transitional benefit payable to a surviving
spouse under the legislation of Norway;
(p) “orphan’s
benefit” means, in relation to the United Kingdom, guardian’s
allowance payable under the legislation of the United Kingdom and, in relation
to Norway, survivors’ benefit for children payable under the legislation
of Norway;
(q) “attendance
benefit” means, in relation to the United Kingdom, attendance allowance
payable under the legislation of the United Kingdom and, in relation to Norway,
assistance benefit and basic benefit in the case of disability and childcare
benefit payable for surviving spouses under the legislation of Norway;
(r) “ship
or vessel” means, in relation to the United Kingdom, any ship or vessel
whose port of registry is a port in the territory of the United Kingdom or, in
the case of a hovercraft, which is registered in that territory, provided that
the owner (or managing owner if there is more than one owner) has a place of
business in that territory and, in relation to Norway, any ship or vessel
registered as a ship in the Norwegian ship register;
(s) “gainfully
occupied” means being an employed or self-employed person;
(t) “employed
person” means a person who comes within the definition of an employed person
or of an employed earner or a person who is treated as such in the applicable
legislation and the words “person is employed” shall be construed
accordingly;
(u) “employment”
means employment as an employed person and the words “employ”,
“employed” or “employer” shall be construed
accordingly;
(v) “self-employed
person” means a person who comes within the definition of a self-employed
person or a self-employed earner or a person who is treated as such in the
applicable legislation and the words “person who is self-employed”
shall be construed accordingly;
(w) “social
assistance” means, in relation to the United Kingdom, income support
under the legislation of Great Britain, Northern Ireland and the Isle of Man
and a welfare payment under the legislation of the Island of Jersey;
(x) “Continental
Shelf Area” means, in relation to the United Kingdom, any area outside
the territorial sea of the United Kingdom which in accordance with
international law has been designated, under the laws of the United Kingdom
concerning the Continental Shelf, as an area within which the rights of the
United Kingdom with respect to the sea bed and subsoil and their natural
resources may be exercised; and, in relation to Norway, the Continental Shelf
defined as the sea bed and its subsoil in the submarine areas adjacent to the
coast of the Kingdom of Norway which, in accordance with international law, are
subject to Norwegian sovereign rights in respect of the exploration and
exploitation of natural resources;
(y) “family
member” means, in relation to persons subject to the legislation of
Norway, a spouse, or children under the age of 18;
(z) “child
benefit” includes, in relation to the United Kingdom, family allowance
payable under the legislation of that country.
(2) Other
words and expressions which are used in this Convention have the meanings
respectively assigned to them in the legislation concerned.
(3) The
present Convention applies also to the Isle of Man and to the Island of Jersey
and references to “the United Kingdom” or to “territory”
in relation to the United Kingdom shall be construed accordingly.
ARTICLE 2
(1) The
provisions of this Convention shall apply:
(a) in
relation to the territory of the United Kingdom, to:
(i) the Social
Security Acts 1975 to 1989 and the Social Security (Northern Ireland)
Acts 1975 to 1989;
(ii) the
Social Security Acts 1975 to 1989 (Acts of Parliament) as those Acts
apply to the Isle of Man by virtue of Orders made, or having effect as if made,
under the Social Security Act 1982 (an Act of Tynwald);
(iii) the Social Security (Jersey)
Law 1974;
(iv) the Child
Benefit Act 1975, the Child Benefit (Northern Ireland) Order 1975 and
the Child Benefit Act 1975 (an Act of Parliament) as that Act applies to
the Isle of Man by virtue of Orders made, or having effect as if made, under
the Social Security Act 1982 (an Act of Tynwald); the Family Allowances
(Jersey) Law 1972 and the Attendance Allowances (Jersey) Law 1973;
and
the legislation which was consolidated by those Acts or Orders or repealed by
legislation consolidated by them;
(b) in
relation to Norway to:
(i) the National
Insurance Act of 17th June 1966;
(ii) the
Act of 19th June 1969 on special supplements to benefits from the
National Insurance Scheme;
(iii) the
Act of 19th December 1969 on compensation supplements to benefits
from the National Insurance Scheme;
(iv) the Family
Allowance Act of 24th October 1946.
(2) Subject to the
provisions of paragraphs (3), (4) and (5) of this Article, this Convention
shall apply also to any legislation which supersedes, replaces, amends,
supplements or consolidates the legislation specified in paragraph (1) of
this Article.
(3) This Convention shall
apply, unless the Parties agree otherwise, only to benefits described in the
legislation specified in paragraph (1) of this Article at the date of
coming into force of this Convention and to the extent for which provision is
made in this Convention.
(4) This Convention shall
apply to any legislation which relates to a branch of social security not
covered by the legislation specified in paragraph (1) of this Article,
only if the two Parties make an agreement to that effect.
(5) This Convention shall
not apply to legislation on social security of the Institutions of the European
Communities or to any convention on social security which either Party has
concluded with a third party or to any laws or regulations which amend the
legislation specified in paragraph (1) of this Article for the purpose of
giving effect to such a convention but shall not prevent either Party from
taking into account under its legislation the provisions of any other
convention which that Party has concluded with a third party.
ARTICLE 3
A person subject to the legislation of one Party who becomes
resident or present in the territory of the other Party shall be subject to the
obligations and shall enjoy the advantages of the legislation of the other
Party under the same conditions as a national of that Party, subject to any
special provisions of this Convention.
ARTICLE 4
(1) Subject to the
provisions of paragraph (4) of this Article and of Articles 16 to 23
of this Convention, a person who would be entitled to receive an old age
pension, survivors’ benefit, invalidity pension or any pension, benefit,
allowance or gratuity payable in respect of an industrial injury or industrial
disease under the legislation of one Party, if he were in the territory of that
Party, shall be entitled to receive that pension, benefit, allowance or
gratuity while he is in the territory of the other Party as if he were in the
territory of the former Party.
(2) For the purpose of paragraph (1)
of this Article, “benefit in respect of an industrial injury or
industrial disease” excludes sickness benefit under the legislation of
the United Kingdom.
(3) Where, under the
legislation of one Party, an increase of any benefit for which specific
provision is made in this Convention other than unemployment benefit, would be
payable for a dependant if he were in the territory of that Party, it shall be
paid while he is in the territory of the other Party.
(4) The provisions of paragraph (1)
of this Article shall not apply to the payment of compensation supplement nor
to the calculation of basic pension in relation to periods before 1
January 1967 under the legislation of Norway.
PART II
PROVISIONS WHICH DETERMINE THE LEGISLATION APPLICABLE
ARTICLE 5
(1) Subject to the following
provisions of this Article and the provisions of Articles 6 to 9 of this
Convention, where a person is gainfully occupied, his liability to be insured
shall be determined under the legislation of the Party in whose territory he is
so occupied.
(2) Where a person is
self-employed in the territory of both Parties, his liability to be insured
shall be determined under the legislation of the Party in whose territory he is
ordinarily resident. Where the person resides in the territory of Norway, the
self-employment shall in all such cases be treated in the same way as
self-employment carried out in the territory of Norway.
(3) For the purposes of the
provisions of paragraph (2) of this Article “liability to be
insured” shall not include liability to pay a Class 4 contribution under
the legislation of the United Kingdom.
(4) The insurance liability
of persons who are not gainfully occupied shall be determined under the
legislation of the Party in whose territory they are ordinarily resident.
ARTICLE 6
(1) Where a person insured
under the legislation of one Party, and employed by an employer with a place of
business in the territory of that Party, is sent by his employer to work in the
territory of the other Party, the legislation of the former Party concerning
liability for contributions shall continue to apply to him as if he were
employed in the territory of the former Party provided that, at the outset, the
employment in the territory of the latter Party is not expected to last for
more than three years and the person concerned is paid by or on behalf of that
employer. No contributions shall be payable in respect of that employment under
the legislation of the latter Party provided that a request for a certificate
of continuing liability has been received by the authorities of the former
Party within the first four months of the period of detachment and presented to
the appropriate insurance authorities of the latter Party within two months of
its issue. If either one of the latter conditions is not complied with the
legislation of the former Party concerning liability for contributions shall
cease to apply from the date of commencement of the period of the employment in
the territory of the latter Party.
(2) Non-employed family
members accompanying a worker covered by the provisions of paragraph (1) of
this Article shall be subject to the same legislation concerning liability for
contributions as applies to that worker.
(3) Where a person is gainfully
occupied in the United Kingdom but is not ordinarily resident in the United
Kingdom and the legislation of Norway does not apply to him in accordance with paragraph (1)
of this Article or Article 5 of this Convention, the legislation of the
United Kingdom shall apply to him as if he were ordinarily resident in the
territory of the United Kingdom.
(4) Where a person
ordinarily resident in the United Kingdom is employed in the Continental Shelf
Area of Norway or in the Continental Shelf Area of the United Kingdom in
connection with the exploration of the sea bed or subsoil of the Continental
Shelf Area of Norway or the exploitation of their natural resources and is so
employed by an employer who has a place of business in the United Kingdom then
the provisions of paragraph (1) of this Article, except that the time
limit of three years shall be disregarded, shall apply to him as if the
Continental Shelf Area of one Party were in the territory of that Party.
(5) Where a person
ordinarily resident in Norway is employed in the Continental Shelf Area of the
United Kingdom or in the Continental Shelf Area of Norway in connection with
the exploration of the sea bed or subsoil of the Continental Shelf Area of the
United Kingdom or the exploitation of their natural resources and is so
employed by an employer who has a place of business in Norway then the
provisions of paragraph (1) of this Article, except that the time limit of
three years shall be disregarded, shall apply to him as if the Continental
Shelf Area of one Party were in the territory of that party.
(6) Where a person is
ordinarily resident in the territory of the United Kingdom and is self-employed
in connection with the exploration of the sea bed or subsoil or the exploitation
of their natural resources in the Continental Shelf Area of Norway immediately
after being liable to pay contributions under the legislation of the United
Kingdom, he may continue to pay contributions under those provisions of United
Kingdom legislation which relate to self-employed persons notwithstanding that he
does not otherwise satisfy the conditions for payment of such contributions.
(7)
(a) The
provisions of Articles 11 to 14 and 21 to 25 of this Convention shall
apply to any person to whom the provisions of paragraphs (4) and (5) of
this Article are applicable.
(b) The
provisions of Articles 11 to 14 and Article 25 of this Convention
shall apply to any person to whom the provisions of paragraph (6) of this Article
are applicable.
(8) A person travelling in
the course of his employment, in connection with the exploration of the sea bed
or subsoil or the exploitation of their natural resources, between the
territory of one Party or the Continental Shelf Area of that Party and the
Continental Shelf Area of the other Party in either direction or travelling
between different parts of the Continental Shelf Area of either Party shall be
treated as if he were employed in the territory of the Party whose legislation
applies to him as specified in paragraphs (4) or (5) of this Article.
(9) The provisions of paragraphs (4),
(5), (6), (7) and (8) of this Article shall not apply to any person to whom the
provisions of Article 7 of this Convention are applicable.
(10) The following provisions
shall apply to any person employed as a member of the travelling personnel of
an undertaking engaged in the transport of passengers or goods by road or air,
whether for another undertaking or on its own account:
(a) where
a person is ordinarily resident in the territory of one Party and is employed
wholly or mainly in that territory, the legislation of that Party concerning
liability for contributions shall apply to him, even if the undertaking which
employs him does not have its principal place of business or a branch or any
agency in that territory;
(b) where
the provisions of sub-paragraph (a) of this paragraph do not apply and the
undertaking has a branch or agency in the territory of one Party and a person
is employed by that branch or agency, the legislation of that Party concerning
liability for contributions shall apply to him;
(c) where
neither the provisions of sub-paragraph (a) nor those of sub-paragraph (b)
apply and a person is employed by an undertaking which has its principal place
of business in the territory of one Party, the legislation of that Party
concerning liability for contributions shall apply to him as if he were
employed in its territory even if he is employed in the territory of the other
Party.
ARTICLE 7
(1) Subject to the
provisions of paragraphs (2), (3) and (4) of this Article, where a person
is employed on board a ship or vessel of one Party, the legislation of that
Party shall not apply to him unless he is ordinarily resident in the territory
of that Party.
(2) Subject to the
provisions of paragraphs (3) and (4) of this Article, where a person who
is ordinarily resident in the territory of either Party is employed in employed
earner’s employment on board a ship or vessel of one Party the
legislation of that Party concerning industrial injuries insurance shall apply
to him as if he were resident in the territory of that Party.
(3) Where a person who is
ordinarily resident in the territory of one Party and insured under the
legislation of that Party, and employed either in the territory of that Party
or on board any ship or vessel of that Party, is sent by an employer in the
territory of that Party to work on board a ship or vessel of the other Party,
the legislation of the former Party concerning liability for contributions
shall continue to apply to him provided that the employee continues to be
employed and paid by that employer. No contributions shall be payable in
respect of that employment under the legislation of the latter Party provided
that a request for a certificate of continuing liability has been received by
the authorities of the former Party within the first four months of the period
of detachment and presented to the appropriate insurance authorities of the
latter Party within two months of its issue. If either one of the latter
conditions is not complied with the legislation of the former Party concerning
liability for contributions shall cease to apply from the date of commencement
of the period of employment on board a ship or vessel of the latter Party.
(4) Where a person who is
not normally employed at sea is employed other than as a member of the crew on board
a ship or vessel of one Party in the territorial waters of, or at a port of,
the other Party, the legislation of the latter Party concerning liability for
contributions shall apply to him as if any conditions relating to residence
were satisfied in his case provided that he is ordinarily resident in the
territory of either Party.
ARTICLE 8
(1) This Convention shall
not apply to established members of the Diplomatic Service of either Party.
(2) Subject to the
provisions of paragraph (1) of this Article, where any person who is in
the Government Service of one Party or in the service of any public corporation
of that Party, is employed in the territory of the other Party, the legislation
of the former Party concerning liability for contributions shall apply to him
as if he were employed in its territory.
(3) Subject to the
provisions of paragraphs (1) and (2) of this Article, where a person is
employed in a diplomatic mission or consular post of Norway in the territory of
the United Kingdom, or in the private service of an official of such a mission
or post, the legislation of the United Kingdom shall apply to him if he is a
national of the United Kingdom or if he ordinarily resides in the United
Kingdom. In the latter case, however, if the person who ordinarily resides in
the United Kingdom is a national of Norway, the legislation of Norway shall
apply to him unless within six months of the entry into force of this
Convention, or within six months of the beginning of the employment in the
territory of the United Kingdom whichever is the later, he chooses to be
insured under the legislation of the United Kingdom provided that he was so
insured immediately before the commencement of the employment at the mission or
post.
(4) Subject to the
provisions of paragraphs (1) and (2) of this Article, where a person is
employed in a diplomatic mission or consular post of the United Kingdom in the
territory of Norway, or in the private service of an official of such a mission
or post, the legislation of Norway shall apply to him unless within six months
of the entry into force of this Convention, or within six months of the
beginning of the employment in the territory of Norway, whichever is the later,
he chooses to be insured under the legislation of the United Kingdom, provided
that he was so insured immediately before the commencement of the employment at
the mission or post.
(5) Non-employed family
members accompanying a worker covered by the provisions of paragraphs (2),
(3) and (4) of this Article shall be subject to the same legislation concerning
liability for contributions as applies to that worker.
ARTICLE 9
The competent authorities of the two Parties may agree to modify the
provisions of Articles 5 to 8 of this Convention.
PART III
SPECIAL PROVISIONS
SECTION 1
SPECIAL PROVISIONS RELATING
TO THE APPLICATION OF THE LEGISLATION OF THE UNITED KINGDOM AND NORWAY
ARTICLE 10
(1) For the purpose of
determining entitlement under the legislation of the United Kingdom to an old
age pension in accordance with Article 18 of this Convention or to
survivors’ benefit in accordance with Article 20, each week of
insurance under Norwegian legislation shall be treated as if it were a week for
which a Class 3 contribution had been paid under the legislation of the United
Kingdom, provided that these provisions shall apply in the case of a married woman
only where she is claiming an old age pension by virtue of her own insurance
completed under that legislation.
(2) For the purpose of
determining entitlement under the legislation of the United Kingdom to death
benefit as specified in Article 24 of this Convention, insurance periods
completed under the legislation of Norway shall be treated as if they had been
insurance periods completed under the legislation of the United Kingdom.
(3) For the purpose of
determining entitlement under the legislation of the United Kingdom to any
benefit specified in Articles 12 to 15 and Article 24 of this
Convention, insurance periods completed as a self-employed or as a non-employed
person under the legislation of Norway after 5 April 1975 shall be treated
as if they had been insurance periods completed as self-employed or as a
non-employed person under the legislation of the United Kingdom.
(4) For the purpose of
calculating an earnings factor for determining entitlement under the
legislation of the United Kingdom to any benefit referred to in Articles 12
to 15 and Article 24 of this Convention, a person shall be treated for
each week beginning in a relevant tax year commencing on or after 6
April 1975, any part of which week is a contribution period completed as
an employed person under the legislation of Norway, as having paid a
contribution as an employed earner on earnings equivalent to two-thirds of that
year’s upper earnings limit.
(5) For the purpose of
converting insurance periods completed under the legislation of the United
Kingdom before 6 April 1975, each insurance period completed under the
legislation of the United Kingdom shall be treated as if it had been an
insurance period completed under the legislation of Norway.
(6) For the purpose of
converting to an insurance period any earnings factor achieved in any tax year
commencing on or after 6 April 1975 under the legislation of the United
Kingdom, the competent authority of the United Kingdom shall divide the
earnings factor by that year’s lower earnings limit. The result shall be
expressed as a whole number, any remaining fraction being ignored. The figure
so calculated, subject to a maximum of the number of weeks during which the person
was subject to that legislation in that year, shall be treated as representing
the number of weeks in the insurance period completed under that legislation.
(7) For the purpose of
calculating under the legislation of Norway the amount of a person’s
annual income in relation to a claim for unemployment benefit under the
legislation of that Party, the person shall be treated as if he had an income
amounting to four fifty-seconds (4/52) of the basic amount in respect of each
complete week during which he had been employed as an employed person under the
legislation of the United Kingdom and as having had an income of one fifty-second
(1/52) of the basic amount in respect of each complete week for which he
received benefit in respect of unemployment or incapacity for work under the
legislation of the United Kingdom.
(8) Where it is not
possible to determine accurately the periods of time in which certain insurance
periods were completed under the legislation of one Party, such periods shall
be treated as if they did not overlap with insurance periods completed under
the legislation of the other Party, and they shall be taken into account to the
best advantage of the beneficiary.
(9) For the purpose of
calculating the appropriate contribution factor to establish entitlement to any
benefit referred to in Articles 12 and 14 and Articles 16 to 25 of
this Convention and provided under the legislation of Jersey, a person shall be
treated:
(a) for
each week in an insurance period completed under the legislation of Norway
being a week in the relevant quarter as having paid contributions which derive
a quarterly contribution factor of 0.077 for that quarter;
(b) for
each week in an insurance period completed under the legislation of Norway
being a week in the relevant year as having paid contributions which derive an
annual contribution factor of 0.0193 for that year.
(10) For the purpose of converting
to an insurance period, any contribution factor achieved under the legislation
of Jersey the competent authority of the United Kingdom shall:
(a) in
the case of a quarterly contribution factor multiply the factor achieved by a person
in a quarter by thirteen, and
(b) in
the case of an annual contribution factor multiply the factor achieved by a person
in a year by fifty-two.
The result shall be expressed as a whole number, any remaining
fraction being ignored. The figure so calculated, subject to a maximum of the
number of working days during which the person was subject to that legislation
in a quarter or in a year as the case may be, shall be treated as representing
the number of weeks in the insurance period completed under that legislation.
SECTION 2
SPECIAL PROVISIONS RELATING
TO PERSONS ON THE CONTINENTAL SHELF
ARTICLE 11
For the purpose of applying the provisions of Articles 24 to 28
of this Convention to persons to whom the provisions of paragraphs (4) to (8)
of Article 6 of this Convention are applicable, any period of presence
completed under the legislation of Norway in the Continental Shelf Area of
either Party shall be treated as if it were a period of presence in the
territory of the United Kingdom.
SECTION 3
SICKNESS AND MATERNITY
BENEFITS
ARTICLE 12
(1) Where a person has,
since his last arrival in the territory of one Party, completed a contribution
period under the legislation of that Party, then for the purpose of any claim
for sickness benefit made under the legislation of that Party, any insurance
period, or period of employment or self-employment completed under the
legislation of the other Party shall, in accordance with the provisions of Article 10
of this Convention, be treated as if it were respectively an insurance period,
or period of employment or self-employment completed under the legislation of
the former Party.
(2) Where the legislation
of one Party applies to a person in accordance with any of the provisions of Articles 5
to 9 of this Convention, he shall be treated under that legislation for the
purpose of any claim to sickness benefit as if he were in the territory of that
Party.
(3) Where a person would be
entitled to receive sickness benefit or satisfies the contribution conditions
governing entitlement to sickness benefit under the legislation of one Party if
he were in the territory of that Party he shall be entitled to receive that
benefit while he is in the territory of the other Party if:
(a) his
condition necessitates immediate treatment during a stay in the territory of
the latter Party, and within six days of commencement of incapacity for work,
or such longer period as the insurance authority may allow, he submits to the
insurance authority of the former Party a claim for benefit and documentary
evidence of incapacity for work; or
(b) he is
authorised by the competent authority of the United Kingdom or the insurance
authority of Norway to return to the territory of the Party where he resides or
to transfer his residence to the territory of the other Party.
(4) For the purpose of
applying the provisions of this Article under the legislation of Norway, a
“contribution period” shall mean that the person has commenced
remunerative work.
ARTICLE 13
(1) For the purpose of any
claim for maternity allowance made under the legislation of one Party, any
insurance period, or period of employment or self-employment completed under
the legislation of the other Party shall, in accordance with the provisions of Article 10
of this Convention, be treated as if it were respectively an insurance period,
or period of employment or self-employment completed under the legislation of
the former Party.
(2) Where the legislation
of one Party applies to a person in accordance with any of the provisions of Articles 5
to 9 of this Convention, he shall be treated under that legislation for the
purpose of any claim to maternity allowance as if he were in the territory of
that Party.
(3) Where a person would be
entitled to receive maternity allowance or satisfies the contribution
conditions governing entitlement to maternity allowance under the legislation
of one Party if he were in the territory of that Party he shall be entitled to
receive that benefit while he is in the territory of the other Party.
ARTICLE 14
Where, but for the provisions of this Article, a person would be
entitled to receive sickness benefit or maternity allowance (including United
Kingdom statutory sick pay or statutory maternity pay) under the legislation of
both Parties for the same period whether by virtue of this Convention or
otherwise that benefit or allowance shall be granted only under the legislation
under which the person was last insured before entitlement arose. Nothing in
this Article shall allow for the payment of United Kingdom statutory sick pay
or statutory maternity pay outside the territory of the United Kingdom.
SECTION 4
UNEMPLOYMENT BENEFIT
ARTICLE 15
(1) Subject to the
provisions of paragraph (2) of this Article, where a person has, since his
last arrival in the territory of one Party, completed four weeks of employment
as an employed person in the territory of that Party, then for the purpose of
any claim for unemployment benefit under the legislation of that Party, any
qualifying income, any insurance period or any period of employment completed
under the legislation of the other Party shall, in accordance with the
provisions of Article 10 of this Convention, be treated as if it were
qualifying income, an insurance period or period of employment, as the case may
be, completed under the legislation of the former Party provided that:
(a) any qualifying
income, any insurance period or any period of employment completed under the
legislation of Jersey shall not be taken into account for the purpose of
determining entitlement to unemployment benefit under the legislation of
Norway; and
(b) any
qualifying income, any insurance period or any period of employment completed
under the legislation of Norway shall be taken into account, for the purpose of
determining entitlement to unemployment benefit, only under the legislation
specified in Article 2(1)(a)(i) and (ii) of this Convention.
(2) For the purpose of
ascertaining whether a person has completed four weeks of employment under the
legislation of the United Kingdom, that person shall be treated as having
completed a week of employment for each contribution period completed as an
employed person under that legislation.
(3) Where a person claims
unemployment benefit under the legislation of one Party by virtue of paragraph (1)
of this Article, any period for which he received such benefit under the legislation
of the other Party shall be taken into account as if it were a period for which
he had received unemployment benefit under the legislation of the former Party.
SECTION 5
INVALIDITY PENSION
ARTICLE 16
(1) Where a person has been
insured under the legislation of both Parties, the insurance authority in the
territory of the Party whose legislation was applicable at the time when
incapacity for work followed by invalidity occurred shall determine, in
accordance with its legislation, whether the person concerned satisfies the
conditions for invalidity pension taking account, where appropriate, both for
the determination of entitlement and for the calculation of the pension of any
insurance period which that person has completed under the legislation of the
other Party as if it were an insurance period completed under its legislation.
For the purpose of determining entitlement to a Norwegian invalidity pension,
insurance periods under Norwegian legislation must amount to at least one year.
(2) For the purpose of
determining entitlement to:
(a) supplementary
pension under the legislation of Norway, no account shall be taken of any
contribution period completed under the legislation of the United Kingdom;
(b) additional
pension payable under the legislation of the United Kingdom, no account will be
taken of any contribution period completed under the legislation of Norway.
(3) Where a person would be
entitled to receive for the same incapacity and for the same period invalidity
pension under the legislation of both Parties, or invalidity pension under the
legislation of one Party and sickness benefit under the legislation of the
other Party, whether by virtue of this Convention or otherwise, he shall be
entitled to receive only the invalidity pension or sickness benefit, as the
case may be, payable in accordance with the provisions of paragraph (1) of
this Article, under the legislation of the Party in whose territory the
incapacity began.
(4) Where the amount of the
invalidity pension payable under the legislation of the United Kingdom is less
than the amount of benefit which would have been payable under the legislation
of Norway but for the provisions of paragraph (3) of this Article, Norway
shall also pay its benefit, but the amount of that benefit shall be limited to
the amount by which the benefit it would have paid but for the provisions of paragraph (3)
would have exceeded the amount of invalidity pension payable under the
legislation of the United Kingdom.
(5) With regard to the
reduction of the pension point years required for the calculation of a full
supplementary pension for persons born before 1937 the requirements
concerning periods of residence in Norway laid down in Norwegian legislation
shall be applied to persons other than Norwegian nationals. The supplementary
pension calculated on the basis of such a reduction shall be payable only to
persons present or resident in Norway or in the territory of the United
Kingdom.
(6) Where an invalidity
pension is payable under the legislation of Norway in conformity with the
provisions of this Article to a person who has become entitled to an old age
pension under the legislation of the United Kingdom, the periods of insurance
taken into account for the calculation of the old age pension of the United
Kingdom shall not be taken into account for the calculation of the invalidity
pension payable under the legislation of Norway. When a Norwegian old age
pension becomes payable, it shall be calculated on the basis of the same
periods of insurance as the invalidity pension which was payable under this
provision.
SECTION 6
OLD AGE PENSION AND
SURVIVORS’ BENEFIT
ARTICLE 17
(1) Where a person is
entitled to a basic old age pension (other than the basic component of a
Category B retirement pension payable to a married woman under the legislation
of the United Kingdom by virtue of the contributions of her husband) under the
legislation of one Party or under the legislation of any one part of the
territory of a Party otherwise than by virtue of the provisions of this
Convention, that pension shall be payable and the provisions of Article 18
of this Convention shall not apply under that legislation.
(2) For the purpose of
determining entitlement to:
(a) supplementary
pension under the legislation of Norway, no account shall be taken of any
contribution period completed under the legislation of the United Kingdom;
(b) additional
pension payable under the legislation of the United Kingdom, no account shall
be taken of any contribution period completed under the legislation of Norway;
and for the purpose of this Article and Article 18 of this
Convention, supplementary pension under Norwegian legislation and additional
pension under United Kingdom legislation shall be treated as separate benefits
to which the provisions of Article 18 do not apply.
ARTICLE 18
(1) Where a person is not
entitled to an old age pension under the legislation of one Party or the
legislation of any one part of the territory of a Party, but has completed an
insurance period under the legislation of that Party of at least one year, any
insurance period which he has completed under the legislation of the other
Party shall be treated as if it were an insurance period completed under the
legislation of the former Party for the purposes of determining his entitlement
to an old age pension under the legislation of the former Party. The amount of
the pension shall be calculated in accordance with paragraphs (2) to (7) of
this Article.
(2) In accordance with the
provisions of Article 10 of this Convention, the insurance authority of
the United Kingdom or of one part of the territory of the United Kingdom shall
determine:
(a) the
amount of theoretical pension which would be payable if all the insurance
periods completed by that person under the legislation of both Parties had been
completed under its own legislation;
(b) the
proportion of such theoretical pension which bears the same relation to the
whole as the total of the insurance periods completed by him under the
legislation of that Party bears to the total of all the insurance periods which
he has completed under the legislation of both Parties.
The proportionate amount thus calculated shall be the rate of
pension actually payable to that person by the competent institution of the
United Kingdom.
(3) Subject to the
provisions of paragraph (6) of this Article, for the purpose of
calculating old age pension payable under the legislation of Norway, the
insurance authority of Norway shall take account only of periods of insurance
completed under the legislation of Norway and shall determine the amount of
pension which bears the same relation to the full standard rate of pension as
the periods of insurance taken into account bear to the periods of insurance
which are required to achieve the full standard rate of pension under that
legislation. The proportionate amount thus calculated shall be the rate of
pension actually payable to that person under the legislation of Norway.
(4) For the purposes of the
calculation in paragraphs (2) and (3) of this Article,
“pension” shall include any increase of benefit payable in respect
of a dependent child.
(5) For the purpose of
applying the provisions of paragraph (2) of this Article:
(a) the
insurance authority of the United Kingdom shall take account only of insurance
periods (completed under the legislation of either Party) which would be taken
into account for the determination of pensions under the legislation of the
United Kingdom if they were completed under that legislation, and, in relation
to a woman, shall where appropriate take into account in accordance with that
legislation insurance periods completed by her husband;
(b) no
account shall be taken of any graduated contributions paid under the
legislation of the United Kingdom before 6 April 1975 and the amount of
any graduated benefit payable by virtue of such contributions shall be added to
the amount of any pension payable in accordance with paragraph (2) of this
Article under that legislation;
(c) no
account shall be taken of any invalidity allowance payable under the
legislation of the United Kingdom, but the amount of any invalidity allowance
shall be added to the amount of any pension payable in accordance with paragraph (2)
of this Article;
(d) no
account shall be taken under the legislation of the United Kingdom of any
increase of benefit payable under that legislation by virtue of deferred
retirement, but any such increase of benefit payable under that legislation
shall be added to any benefit payable under that legislation which has been
calculated under paragraph (2) of this Article.
(6) For the purpose of applying
the provisions of this Article under the legislation of Norway the provisions
of Article 16(5) of this Convention shall apply.
(7) Where a compulsory
insurance period completed under the legislation of Norway coincides with a
voluntary insurance period completed under the legislation of the United
Kingdom, for the purposes of applying paragraph (2) of this Article the
United Kingdom shall take account only of the compulsory insurance period.
However, the pension so calculated shall be increased by the amount by which
the pension payable under the United Kingdom legislation would have been
increased if all voluntary contributions paid under United Kingdom legislation
had been taken into account.
ARTICLE 19
Where a person does not simultaneously satisfy the conditions for
entitlement to an old age pension under the legislation of both Parties, his
entitlement under the legislation of one Party shall be established as and when
he satisfies the conditions laid down by the legislation of that Party. The
provisions of Article 18 of this Convention shall be applied where there
is otherwise no entitlement under the provisions of Article 17 of this
Convention to an old age pension under the legislation of that Party and his
entitlement shall be determined afresh when the conditions under the
legislation of the other Party are satisfied.
ARTICLE 20
(1) The provisions
contained in Articles 17 to 19 of this Convention shall apply, with
such modifications as the differing nature of the benefits shall require, to
survivors’ benefit.
(2) Where a person is
entitled to basic survivors’ pension under Norwegian legislation, the
rate of the pension shall be calculated on the basis of the actual period of
insurance completed under Norwegian legislation and the future insurance period
in the same proportion as the actual insurance period bears to the full
Norwegian insurance period of forty years.
(3) Where a person would be
entitled to receive basic survivors’ pension under the Norwegian
legislation without recourse to this Convention, and that pension would be
higher than the total of pensions payable under the legislation of both Parties
by virtue of this Convention, that person shall be entitled to receive a
supplement equal to the difference between the pension payable under Norwegian
legislation and the total of the pensions payable under the legislation of both
Parties by virtue of this Convention. Apart from changes caused by the regular
revisions of the National Insurance basic amount, this supplement shall only be
recalculated if a new decision concerning the pension is made under the
legislation of either Party.
(4) A survivors’
pension payable under Norwegian legislation shall be converted into an old age
pension when the person reaches the general retirement age. The amount of the
old age pension shall at least correspond to the amount of the survivors’
pension calculated in accordance with paragraphs (1) and (2) of this Article.
However, to the extent that future insurance periods taken into account for
calculating a survivors’ pension under Norwegian legislation coincide
with periods on the basis of which a pension has been calculated under the
legislation of the United Kingdom, these coinciding periods shall not be taken
into account for the calculation of an old age pension under Norwegian
legislation.
SECTION 7
BENEFITS FOR INDUSTRIAL
INJURIES AND DISEASES
ARTICLE 21
(1) Where the legislation
of one Party applies to a person in accordance with any of the provisions of Articles 5
to 9 of this Convention he shall be treated under that legislation for the
purpose of any claim for benefit in respect of an industrial accident or an
industrial disease contracted during that employment, as if the accident had
occurred or the disease had been contracted in the territory of that Party.
Where benefit would be payable in respect of that claim if the person were in
the territory of that Party, it shall be payable while he is in the territory
of the other Party.
(2) Where a person sustains
an accident after he leaves the territory of one Party to go in the course of his
employment to the territory of the other Party but before he arrives in the
latter territory, then, for the purpose of any claim for benefit in respect of
that accident:
(a) the
accident shall be treated as if it occurred in the territory of the Party whose
legislation applied to him at the time the accident occurred; and
(b) his
absence from the territory of that Party shall be disregarded in determining
whether his employment was as an employed person under that legislation.
(3) For the purpose of
applying paragraph (2) of this Article to persons covered by the
provisions of Articles 5 to 9, “territory” includes the
Continental Shelf Area or any ship or vessel of either Party.
(4) Where because of a
death resulting from an industrial accident or an industrial disease, a benefit
would be payable under the legislation of one Party in respect of a child if
that child were in the territory of that Party, that benefit shall be payable
while the child is in the territory of the other Party.
ARTICLE 22
(1) Where a person
contracts an industrial disease, after having been subject to the legislation
of both Parties in an occupation to which the disease may be attributed and he
would be entitled to receive benefit in respect of that disease under the
legislation of both Parties, whether by virtue of this Convention or otherwise,
the benefit shall be payable only under the legislation of the Party in whose
territory he was last employed in that occupation before the disease was
diagnosed.
(2) Where a person has
suffered an aggravation of an industrial disease which was first contracted
while he was subject to the legislation of one Party the competent institution
of that Party shall take account of any aggravation which takes place in the
territory of the other Party, provided that the aggravation cannot be
attributed to employment in the territory of the latter Party in an occupation
entailing risks of such disease.
ARTICLE 23
Where a person would otherwise have been entitled to any benefit
payable in respect of an industrial injury or disease under the legislation of
both Parties, that benefit shall be granted exclusively under the legislation
of the territory in which the person was last employed.
SECTION 8
DEATH GRANT UNDER THE
LEGISLATION OF JERSEY AND NORWAY
ARTICLE 24
For the purpose of any claim for death grant under the legislation
in Article 2(1)(a)(iii) any insurance period completed under the
legislation of the other Party shall be treated as if it were an insurance
period completed under the legislation in Article 2(1)(a)(iii).
ARTICLE 25
(1) Subject to the provisions
of Article 24 where a person dies in the territory of one Party, his death
shall be treated, for the purpose of any claim for a death grant under the
legislation of the other Party, as if it had occurred in the territory of the
latter Party.
(2) Where there would be
entitlement to death grant under the legislation of both Parties, whether by
virtue of this Convention or otherwise, in respect of a death,
(a) the
grant shall be payable only under the legislation of the Party in whose
territory the death occurs; or
(b) if
the death does not occur in the territory of either Party, the grant shall be
payable only under the legislation of the Party under whose legislation the person
on whose insurance the right to the grant is determined was last insured before
the death.
SECTION 9
ORPHAN’S BENEFIT
ARTICLE 26
(1) For the purpose of any
claim for orphan’s benefit under the legislation of one party any
insurance period or period of presence completed under the legislation of or in
the territory of the other Party, as the case may be, shall be treated as if it
were respectively an insurance period or period of presence completed under the
legislation of or in the territory of the former Party.
(2) Where orphan’s
benefit would be payable to a person under the legislation of one Party if that
person or the orphan for whom the benefit is claimed were resident in the
territory of that Party, it shall be paid while that person, or the orphan, is
resident in the territory of the other Party.
(3) Where, but for the
provisions of this paragraph, a person would be entitled to receive
orphan’s benefit under the legislation of both Parties in respect of the
same orphan, whether by virtue of this Convention or otherwise, he shall be
entitled to receive benefit only under the legislation of the Party in whose
territory the orphan is resident.
SECTION 10
CHILD BENEFIT
ARTICLE 27
(1) Where a person is
resident in the territory of one Party and the legislation of the other Party
applies to him in accordance with any of the provisions of Articles 6(1)
or 7(2) of this Convention, he or his spouse residing with him shall be treated
for the purpose of any claim for child benefit under the legislation of the
latter Party:
(a) as if
he were present or resident, as the case may be, in the territory of the latter
Party; and
(b) as if
any child of his family or any child for whom he is responsible were present or
resident, as the case may be, in the territory of the latter Party if the child
is present or resident, as the case may be, in the territory of the former
Party.
(2) Where, but for the
provisions of this paragraph, child benefit would be payable under the
legislation of both Parties for the same period in respect of the same child,
whether by virtue of this Convention or otherwise, child benefit shall be
payable only under the legislation of the Party in whose territory the child is
resident.
SECTION 11
ATTENDANCE BENEFIT
ARTICLE 28
For the purpose of any claim for attendance benefit under the
legislation of one Party, any period of insurance, residence or presence, as
the case may be, completed in the territory of the other Party shall be treated
as if it were a period of insurance, residence or presence completed in the
territory of the former Party, provided that the person concerned is ordinarily
resident in the territory of the former Party.
RECOVERY OF ADVANCE
PAYMENTS AND OVERPAYMENTS OF BENEFIT
ARTICLE 29
(1) Where a competent institution
of one Party has made a payment of any benefit to a person for any period or
event in advance of the period or event to which it relates or has paid him any
benefit for a period or event, whether by virtue of the provisions of this
Convention or otherwise, and the insurance authority of the other Party
afterwards decides that the person is entitled to benefit for that period or
event under its legislation, the competent institution of the latter Party, at
the request of the competent institution of the former Party, shall deduct from
the benefit due for that period or event under its legislation any overpayment
which results from the advance payment of benefit paid by the competent
institution of the former Party and shall transmit this sum to the competent
institution of the former Party.
(2) Where a person has
received social assistance under the legislation of one Party for a period for
which that person subsequently becomes entitled to any benefit under the
legislation of the other Party, the competent institution of the latter Party,
at the request of and on behalf of the competent institution of the former
Party, shall withhold from the benefit due for that period the amount by which
the social assistance paid exceeded what would have been paid had the benefit
under the legislation of the latter Party been paid before the amount of social
assistance was determined, and shall transfer the amount withheld to the
competent institution of the former party.
PART IV
MISCELLANEOUS PROVISIONS
ARTICLE 30
(1) The competent
authorities of the two Parties shall establish the administrative measures
necessary for the application of this Convention.
(2) The competent
authorities of the two Parties shall communicate to each other, as soon as
possible, all information about the measures taken by them for the application
of this Convention or about changes in their national legislation in so far as
these changes affect the application of the provisions of this Convention.
(3) The competent
authorities, insurance authorities or competent institutions of the two Parties
may, for the purpose of applying the provisions of this Convention, correspond
directly with one another, or with any person affected by this Convention, or
with his legal representative.
ARTICLE 31
(1) The competent
authorities, insurance authorities and competent institutions of the two
Parties shall assist one another on any matter relating to the application of
this Convention as if the matter were one affecting the application of their
own legislation. The assistance shall be free of charge.
(2) Where any benefit is
payable under the legislation of one Party to a person in the territory of the
other Party, the payment may be made by the competent institution of the latter
Party, at the request of the competent institution of the former Party.
(3) Where a person who is
in the territory of one Party has claimed benefit under the legislation of the
other Party and a medical examination is necessary, the competent institution
of the former Party, at the request of the competent institution of the latter
Party, shall arrange for this examination. The cost of such examination shall
be met by the competent institution of the former Party.
ARTICLE 32
(1) Where the legislation
of one Party provides that any certificate or other document which is submitted
under the legislation of that Party shall be exempt, wholly or partly, from any
taxes, legal dues, consular fees or administrative charges, that exemption
shall apply to any certificate or other document which is submitted under the
legislation of the other Party or under the provisions of this Convention.
(2) All statements,
documents and certificates of any kind required to be produced for the purposes
of this Convention shall not require authentication by diplomatic or consular
authorities.
ARTICLE 33
Where any certificate, document or written statement of any kind is
submitted to a competent authority of one Party, it shall not be rejected on
the ground that it is written in the official language of the other Party.
ARTICLE 34
(1) Any claim, notice or
appeal which should, for the purposes of the legislation of one Party, have
been submitted within a prescribed period to the insurance authority or the
competent authority of that Party, shall be treated as if it had been submitted
to that insurance authority or competent authority if it is submitted within
the same period to an insurance authority or competent authority of the other
Party.
(2) Any claim for benefit
submitted under the legislation of one Party shall be deemed to be a claim for
the corresponding benefit under the legislation of the other Party in so far as
this corresponding benefit is payable in accordance with the provisions of this
Convention.
ARTICLE 35
(1) Payment of any benefit
in accordance with the provisions of this Convention may be made in the
currency of the Party whose competent institution makes the payment and any
such payment shall constitute a full discharge of the obligation in respect of
which payment has been made.
(2) Where the competent
institution of one Party has made a payment of benefit on behalf of the
competent institution of the other Party in accordance with the provisions of Article 31(2)
of this Convention any reimbursement of the amounts paid by the competent
institution of the former Party shall be in the currency of the latter Party.
ARTICLE 36
(1) Any dispute between the
competent authorities of the two Parties about the interpretation or
application of this Convention shall be resolved through agreement between
those authorities.
(2) If any such dispute
cannot be resolved in this manner, it shall be submitted, at the request of
either Party, to an arbitration tribunal which shall be composed in the
following manner:
(a) each
Party shall appoint an arbitrator within one month from receipt of the demand
for arbitration. The two arbitrators shall jointly appoint a third arbitrator,
who shall not be a national of either Party, within two months from the date on
which the Party which was the last to appoint its arbitrator has notified the
other Party of the appointment;
(b) if
within the prescribed period either Party should fail to appoint an arbitrator,
the other Party may request the President of the International Court of Justice
or, in the event of his having the nationality of one of the Parties, the
Vice-President or next senior judge of that Court not having the nationality of
either Party, to make the appointment. A similar procedure shall be adopted at
the request of either Party if the two arbitrators cannot agree on the
appointment of the third arbitrator.
(3) The decision of the
arbitration tribunal shall be by majority vote. Its decision shall be binding
on both Parties. The costs of the arbitration tribunal shall be borne equally
by the two Parties. The arbitration tribunal shall determine its own rules of
procedure.
PART V
TRANSITIONAL AND FINAL PROVISIONS
ARTICLE 37
(1) Upon the entry into
force of this Convention the Convention signed at London on 25 July 1957
shall be terminated and shall be replaced by this Convention.
(2) Any right to benefit
acquired by a person in accordance with the provisions of the Convention signed
at London on 25 July 1957 shall be maintained, and any rights in course of
acquisition under that Convention at the date of the entry into force of this
Convention shall be settled in accordance with the provisions of this
Convention.
(3) Benefit, other than
lump sum payments, shall be payable in accordance with the provisions of this
Convention in respect of events which happened before the date of its entry
into force, except that an accident which occurred or a disease which developed
before that date shall not, solely by virtue of this Convention, be treated as
an industrial accident or disease if it would not have been so treated under
any legislation or Convention having effect at the time of its occurrence or
development. For the purpose of determining claims in accordance with the
provisions of this Convention, account shall be taken of insurance periods and
periods of residence or presence completed before the date of its entry into
force.
(4) Paragraph (3) of
this Article shall not confer any right to receive payment of benefit for any
period before the date of the entry into force of this Convention.
(5) For the purpose of
applying paragraph (3) of this Article:
(a) any
right to benefit acquired by a person in accordance with the provisions of the
Convention signed at London on 25 July 1957 may, at the request of the person
concerned, be determined afresh in accordance with the provisions of this
Convention with effect from the date of entry into force of this Convention, provided
that the request has been made within two years after that date;
(b) where
the request for the benefit to be determined afresh is made more than two years
after the date of entry into force of this Convention payment shall be made
from the date determined under the legislation concerned.
(6) In applying the
provisions of Article 6(1) no account shall be taken of periods of
detachment which commenced before the date of coming into force of this
Convention.
ARTICLE 38
This Convention shall be ratified and the instruments of
ratification shall be exchanged at London as soon as possible. The Convention
shall enter into force on the first day of the third month following the month
in which the instruments of ratification are exchanged.
ARTICLE 39
This Convention shall remain in force for an indefinite period.
Either Party may denounce it at any time by giving six months’ notice in
writing to the other Party.
ARTICLE 40
In the event of the termination of this Convention, any right to
benefit acquired by a person in accordance with its provisions shall be
maintained, and negotiations shall take place for the settlement of any other
rights then in course of acquisition by virtue of those provisions.
In witness whereof the undersigned, duly authorised by their
respective Governments, have signed this Convention.
Done in duplicate at Oslo this 19th day of June 1990 in
the English and Norwegian languages, both texts being equally authoritative.
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For the Government of the United Kingdom of Great Britain and
Northern Ireland:
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For the Government of the Kingdom of Norway:
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D.J.E. RATFORD
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WENCHE FROGN SELLAEG
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