
1 

(1) This Order may be cited as the 
Family Allowances, National Insurance and Industrial Injuries (Switzerland)
Order 1969.
(2) The rules for the construction of Acts
of Parliament contained in the 
Interpretation Act 1889 shall apply in relation
to this Order and in relation to the Orders revoked by it as if this Order
and the Orders revoked by it were Acts of Parliament, and as if each revocation
were a repeal.
2 
The provisions contained in the Convention shall have full force
and effect, so far as the same relate to England, Wales and Scotland and provide
by way of agreement with the Swiss Federal Council for reciprocity with the
said Council in any matters specified in either 
section 105(1) of the National Insurance
Act 1965, as extended by 
section 22(1) of the Family Allowances
Act 1965, or 
section 84(1) of the National Insurance
(Industrial Injuries) Act 1965; and the Family
Allowances Acts 1965 to 1969, the National Insurance Acts 1965 to 1969 and
the National Insurance (Industrial Injuries) Acts 1965 to 1969, shall have
effect subject to such modifications as may be required therein for the purpose
of giving effect to any such provisions.
3 
The Orders specified in Schedule 2
 to this Order are hereby revoked.
W. G. Agnew

SCHEDULE I


CONVENTION
ON SOCIAL SECURITY BETWEEN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
IRELAND AND SWITZERLAND 
The Government of the United Kingdom
of Great Britain and Northern Ireland and the Swiss Federal Council, 

HAVING established reciprocal arrangements in the field of social security
by means of the Conventions which were signed on their behalf at Berne on
the 16th January 1953 and the 12th November 1959, respectively, 

DESIRING to widen the scope of those arrangements and, in particular, to give
more complete effect to the principal that nationals of the two Contracting
Parties should receive equal treatment under the social insurance legislation
of each Party, 
HAVE AGREED as follows:— 

PART I
ARTICLE 1 
For the purpose of the present Convention—

(a) “territory”
 means, in relation to the United Kingdom,
England, Scotland, Wales, Northern Ireland, the Isle of Man, Jersey, Guernsey,
Alderney, Herm and Jethou, and, in relation to Switzerland, the territory
of the Swiss Confederation;
(b) “national”
 means, in relation to the United Kingdom,
a citizen of the United Kingdom and Colonies, and, in relation to Switzerland,
a person having Swiss nationality;
(c) “legislation”
 means, according to the context, the
laws and regulations of one or the other Contracting Party which are mentioned
in Article 2 of
the Convention;
(d) “Swiss
pensions insurance” means Swiss
legislation on old age and survivors' insurance and invalidity insurance;

(e) “Swiss
accident insurance” means Swiss
legislation on accident insurance;
(f) “competent
authority” means, in relation to
the United Kingdom, the Minister of Social Security, the Ministry of Health
and Social Services for Northern Ireland, the Isle of Man Board of Social
Services, the Social Security Committee of the States of Jersey or the States
Insurance Authority of Guernsey, as the case may require, and in relation
to Switzerland, the Federal Office of Social Insurance;
(g) “social
insurance authority” means, in
relation to the United Kingdom, the competent authority of the United Kingdom,
and, in relation to Switzerland, the appropriate compensation fund for old
age and survivors' insurance or the Swiss National Institute for Accident
Insurance, as the case may require;
(h) “Swiss
sickness insurance fund” means 
an institute approved by the Swiss competent authority under the Federal Sickness
and Accidents Insurance Act of the 13th June 1911;
(i) “the
former Conventions” means the 
Convention on Social Insurance and the 
Supplementary Convention on Social Insurance
which were signed on behalf of the Contracting Parties at Berne on the 16th
January 1953 and the 12th November 1959, respectively;
(j) “employed
person” means a person who comes
within the definition of an employed person or a person who is treated as
an employed person in the legislation which is being applied; “employment” means 
employment as an employed person, and the words “employ” and “employer”
refer to such employment;
(k) “contribution
period” means, in relation to the
United Kingdom, a period for which contributions appropriate to the benefit
in question have been paid under the legislation of the United Kingdom, and,
in relation to Switzerland, a period during which contributions have been
paid under Swiss pensions insurance or a period which is treated as such period
under that insurance;
(l) “equivalent
period” means a period for which
contributions appropriate to the benefit in question have been credited under
the legislation of the United Kingdom;
(m) “benefit”
 and “pension”
mean, according to the context, any benefit or pension
provided under the legislation of one or the other Party, other than a family
allowance, and include any increase in the benefit or pension and any additional
allowances payable therewith under that legislation;
(n) “period
of interruption of employment” 
has the meaning assigned to it in the legislation of the United Kingdom;

(o) other words and expressions have the
meanings respectively assigned to them in the legislation of the United Kingdom
or Switzerland, as the case may require.
ARTICLE 2 

(1) The present Convention shall apply—

(a) in relation to the United Kingdom, to—

(i) the National
Insurance Act 1965, the 
National Insurance Act (Northern Ireland) 1966,
the National Insurance (Isle of Man) Act 1948
, and the legislation which was consolidated
by, or repealed by legislation consolidated by, those Acts;
(ii) the National
Insurance (Industrial Injuries) Act 1965, the 
National Insurance (Industrial Injuries) Act (Northern Ireland) 1966,
and the National Insurance (Industrial Injuries)
(Isle of Man) Act 1948;
(iii) the Insular
Insurance (Jersey) Law 1950;
(iv) the Social
Insurance (Guernsey) Law 1964 and the legislation
repealed by that Law;
(v) the Family
Allowances Act 1965, the 
Family Allowances Act (Northern Ireland) 1966,
the Family Allowances (Isle of Man) Act 1945
, the Family Allowances
(Guernsey) Law 1950, and the 
Family Allowances (Jersey) Law 1951.
(b) in relation to Switzerland to—

(i) the Federal Old Age and Survivors' Insurance
Act of the 20th December 1946;
(ii) the Federal Invalidity Insurance Act
of the 19th June 1959;
(iii) the Federal Act on Family Allowances
for Agricultural Workers and Small Farmers of the 20th June 1952;
(iv) the Federal Sickness and Accidents Insurance
Act of the 13th June 1911;provided that none of the Articles of 
Parts II, III and 
IV of the Convention, except 
Article II, shall apply to 
Part I of the last-mentioned Act (which Part
concerns sickness insurance).
(2) Subject to the provisions of 
paragraph (3) of this Article, the Convention
shall apply also to any law or regulation which amends, supplements or consolidates
the legislation specified in paragraph (1)
of this Article.
(3) The Convention shall apply, only if the
Contracting Parties so decide, to laws and regulations which amend the legislation
specified in paragraph (1)
of this Article for the purpose of giving effect to a reciprocal agreement
on social security with a third Party.
PART II
ARTICLE 3 

(1) Subject to the provisions of the present
Convention, a national of one Contracting Party shall be entitled to enjoy
the advantages, and shall be subject to the obligations, of the legislation
of the other Party, under the same conditions as a national of the latter
Party.
(2) Where a person, not being a national
of either Party, has claimed, by virtue of the contributions of a national
of either Party or in respect of the death of a national of either Party,
any benefit under the legislation of either Party, other than a special pension
under Swiss pensions insurance, any provision of the Convention which applies
to nationals of either Party shall apply also to him in relation to his claim.

(3) Paragraph
(1) of this Article shall not apply to those
provisions of Swiss legislation which concern emergency allowances for Swiss
invalids resident abroad, the Swiss pensions insurance of Swiss nationals
working abroad in the service of employers in Switzerland, or the voluntary
Swiss pensions insurance of Swiss nationals resident abroad.
ARTICLE 4 
No provision of any of the 
Articles 3, 9, 
11 and 16
of the present Convention shall be construed as affecting any provision of
the legislation of either Contracting Party which is more favourable to the
person concerned.
PART III
ARTICLE 5 

(1) Subject to the provisions of 
paragraph (3), (5)
and (6) of this Article
and of Articles 6 and 
7 of the present Convention, where a national
of either Contracting Party is gainfully occupied in the territory of one
Party, either as an employed person or otherwise, the legislation of that
Party shall apply to him, and, for the purpose of calculating any contributions
payable under that legislation, no account shall be taken of any income he
may receive from a gainful occupation in the territory of the other Party.

(2) Where a national of one Party is ordinarily
resident in the territory of the other Party and not gainfully occupied in
the territory of either Party, the legislation of the latter Party shall apply
to him.
(3) Where a person, in the service of an
employer having a place of business in the territory of one Party, is sent
by that employer to the territory of the other Party immediately after a contribution
period or equivalent period under the legislation of the former Party, that
legislation shall continue to apply to him as if he were employed in the territory
of the former Party, provided that his employment in the territory of the
latter Party is not expected to last for more than twenty-four months or such
longer period as may be agreed by the competent authorities of the two Parties
in any particular case; and no contributions shall be payable in respect of
his employment under the legislation of the latter Party.
(4) Where a national of Switzerland is employed
as a member of the crew of a British ship or vessel which is registered in
the United Kingdom or of which the owner is resident in the United Kingdom,
the legislation of the United Kingdom shall apply to him as if he were domiciled
or had a place of residence in the United Kingdom.
(5) 
(a) Subject to the provisions of 
sub-paragraph (b) of this paragraph, where
a person, ordinarily resident in the territory of either Party, is employed
as a member of the crew of an aircraft registered in the United Kingdom, the
legislation of the United Kingdom shall apply to him as if any conditions
relating to residence or domicile in the United Kingdom were satisfied in
his case.
(b) Where a person is employed as a member
of the crew of an aircraft which is managed by an air transport undertaking
whose principal place of business is in Switzerland, Swiss legislation shall
apply to him unless he is in the service of an undertaking whose principal
place of business is in the United Kingdom.
(c) Where a person, to whom none of the provisions
of sub-paragraphs (a) and 
(b) of this paragraph apply, is in the service
of an air transport undertaking whose principal place of business is in the
territory of one Party and is sent by that undertaking to the territory of
the other Party immediately after a contribution period or equivalent period
under the legislation of the former Party, that legislation shall continue
to apply to him as if he were employed in the territory of the former Party.

(6) Subject to the provisions of 
sub-paragraph (b) of paragraph (5) of this
Article, where a person, ordinarily resident in the United Kingdom and in
the service of a person or undertaking having a place of business there, is
employed on board an aircraft which is owned by a person or undertaking whose
principal place of business is in Switzerland, the legislation of the United
Kingdom shall apply to him as if the aircraft were registered in the United
Kingdom.
ARTICLE 6 

(1) The provisions of this Part of the present
Convention shall not apply—
(a) in relation to the United Kingdom, to
established members of the Diplomatic Service; and
(b) in relation to Switzerland, to established
members of the Diplomatic or Consular Service.
(2) Subject to the provisions of 
paragraph (1) of this Article, where a national
of one Contracting Party, in the government service of that Party, is sent
to the territory of the other Party, the legislation of the former Party shall
apply to him as if he were employed in its territory.
(3) Subject to the provisions of 
paragraph (1) of this Article, where a national
of one Party is engaged in the territory of the other Party for employment
in that territory in the government service of the former Party, the legislation
of the latter Party shall apply to him unless, within three months after his
engagement, he chooses that the legislation of the former Party shall apply
to him.
(4) Where a national of one Party is employed
in the territory of the other Party in the private service of a national of
the former Party who is employed in its government service, the provisions
of paragraphs (2) and 
(3) of this Article shall apply to him in the
same way as they apply to a national of the former Party who is employed in
its government service.
(5) Where a person who is not a national
of either Party is employed in Switzerland in the private service of a national
of the United Kingdom who is employed in the government service of the United
Kingdom, the legislation of Switzerland shall apply to him unless, within
three months after that employment in Switzerland begins, he chooses that
the legislation of the United Kingdom shall apply to him.
(6) The competent authorities may provide
by agreement that, where a national of either Party is employed by a public
corporation or official body of one Party in the territory of the other Party,
the legislation of the former Party shall apply to him as if he were employed
in its territory.
ARTICLE 7 
The competent authorities of the two
Contracting Parties may, by agreement with one another, modify the provisions
of Articles 5 and 
6 of the present Convention in relation to
particular persons or classes of persons where this is in the interest of
those persons or classes of persons.
ARTICLE 8 
Where a person is ordinarily resident
in the territory of the United Kingdom or has, since his last arrival in that
territory, become liable to pay contributions under the legislation of the
United Kingdom as an employed person or as a self-employed person and applies,
on grounds of incapacity for work, confinement or unemployment, for exception
from liability to pay contributions for any period, and for contributions
to be credited to him for that period, then, for the purpose of that application—

(a) any period during which he was employed
in Switzerland shall be treated as a period during which he was employed in
the United Kingdom and for which he paid contributions as an employed person
under the legislation of the United Kingdom;
(b) any period during which he was gainfully
occupied on his own account in Switzerland shall be treated as a period during
which he was self-employed in the United Kingdom and for which he paid contributions
as a self-employed person under the legislation of the United Kingdom.
PART IV
ARTICLE 9 

(1) Where a person is employed in the United
Kingdom, and Swiss legislation applies to him in accordance with the provisions
of the present Convention, he shall be treated, for the purpose of any right
to receive benefit under that legislation for an accident, industrial accident
or industrial disease, as if the accident or industrial accident had occurred
or the disease had been contracted in Switzerland.
(2) Where a person is employed in Switzerland,
and the legislation of the United Kingdom applies to him in accordance with
the provisions of the present Convention, he shall be treated—
(a) for the purpose of any right to receive
sickness or maternity benefit under that legislation, as if he were in the
United Kingdom;
(b) for the purpose of any right to receive
benefit under that legislation for an industrial accident occurring or an
industrial disease contracted in the course of that employment, as if the
accident had occurred or the disease had been contracted in the United Kingdom.

(3) If an accident happens to an insured
person after he leaves the territory of one Contracting Party to go, in the
course of his employment, to the territory of the other Party, and before
he arrives in the latter territory, and the legislation of the United Kingdom
was expected to apply to him in the latter territory, then, for the purpose
of any claim to receive benefit in respect of that accident under that legislation—

(a) the accident shall be treated as if it
had happened in the United Kingdom; and
(b) his absence from the territory of either
Party shall be disregarded in determining whether his employment was insurable
under that legislation.
ARTICLE 10 
For the purpose of any condition requiring
persons who claim family allowances under the legislation of the United Kingdom
to have been in the United Kingdom for a prescribed period, a national of
either Contracting Party, who is ordinarily resident in the United Kingdom
or is required to pay contributions under that legislation as an employed
or self-employed person shall, be treated—
(a) as if his place of birth were in the
United Kingdom, if it is in Switzerland;
(b) as if he had been in the United Kingdom
during any period during which he was in Switzerland.
ARTICLE 11 

(1) The Swiss competent authority shall designate
those Swiss sickness insurance funds which have undertaken responsibility
for giving effect to the provisions of paragraphs
(2) and (3)
of this Article.
(2) Where a national of either Contracting
Party—
(a) has paid contributions under the legislation
of the United Kingdom or had contributions credited to him under that legislation
or is entitled to a retirement pension or widow's benefit under that legislation,
and furnishes evidence of this; and
(b) applies for membership of a Swiss sickness
insurance fund designated in accordance with the provisions of 
paragraph (1) of this Article within three
months—
(i) of the end of the week for which his
last contributions was paid or credited; or
(ii) of his departure from the United Kingdom
if he is entitled to one of the benefits mentioned in 
sub-paragraph (a) of this paragraph;he shall be treated as if he satisfied any condition concerning
age which that fund imposes on persons applying for membership, and he shall
be admitted, provided that—
(i) he satisfies the other statutory conditions
for membership; and
(ii) he has not come to Switzerland solely
for the purpose of receiving medical or curative treatment;and, if he is admitted to membership of the fund, he shall be treated,
for the purpose of any claim to receive the benefits of the fund, as if any
period for which he paid contributions under the legislation of the United
Kingdom or had contributions credited to him under that legislation were a
period of membership of the fund, provided that, if the national concerned
is a woman claiming maternity benefits, she has been a member of the fund
for a continuous period of at least three months immediately before her confinement.

(3) Where a national of either Party satisfies
the conditions (a) and (b) specified in paragraph
(2) of this Article, the provisions of that
paragraph shall apply, in relation to benefits in kind, to his wife also and
to any child of his who has not reached the age of twenty.
(4) Where a national of either Party is ordinarily
resident in the United Kingdom or has, since his last arrival in the United
Kingdom, become liable to pay contributions as an employed person or as a
self-employed person under the legislation of the United Kingdom, he shall,
for the purpose of any claim to receive sickness benefit under that legislation,
be treated as if—
(a) he had so paid a contribution for every
week during which he was a member of a Swiss sickness insurance fund and was
gainfully occupied;
(b) he had had a contribution so credited
to him for every week during which he was a member of such a fund and was
prevented by illness or unemployment from being gainfully occupied; and
(c) he satisfied the contribution conditions
for receiving that benefit throughout the first six months after the time
when he last ceased to be a member of a Swiss sickness insurance fund by which
he was insured for benefits in cash;provided that he shall not be entitled, by virtue of this
paragraph, to receive sickness benefit:—
(i) for any day for which he is entitled
to receive a daily allowance under Swiss accident insurance or a pension,
under Swiss pensions insurance, in respect of any invalidity which is assessed
under that insurance at not less than two-thirds;
(ii) for more than 312 days in any period
of interruption of employment;and the amount of any sickness benefit which is payable by virtue
of this paragraph shall be reduced by the amount of any Swiss benefit payable
for the same period other than an invalidity pension payable under Swiss accident
insurance.
ARTICLE 12 

(1) For the purpose of determining whether
sickness benefit, widow's benefit or retirement pension is payable under the
legislation of the United Kingdom, any contribution period which an insured
person has completed under Swiss pensions insurance shall be treated as if
it were a contribution period which he had completed under the legislation
of the United Kingdom; and, where such benefit is so payable, the rate of
that benefit shall be a part of the rate at which it would have been payable
if all the contribution periods completed by the insured person under Swiss
pensions insurance had been completed under the legislation of the United
Kingdom, namely, that part which bears the same relation to the whole as the
total of all the contribution periods and equivalent periods completed by
him under the legislation of the United Kingdom bears to the total of all
the contribution periods and equivalent periods completed by him under the
legislation of the two Contracting Parties, provided that, if the relation
which the former total bears to the latter has been determined on a claim
to sickness benefit for any day, it shall not be determined afresh on any
claim for a later day which is part of the same period of interruption of
employment.
(2) For the purpose of applying the provisions
of paragraph (1)
of this Article—
(a) no account shall be taken of any contribution
period completed under Swiss pensions insurance in so far as that period,
together with contribution periods completed under the legislation of the
United Kingdom, raises the total number of contributions paid or credited
in any contribution year under the legislation of the United Kingdom above
the total number of weeks in that year;
(b) if the claim is for sickness benefit,
no account shall be taken of any contribution period completed under Swiss
pensions insurance during which the insured person was neither gainfully occupied
nor prevented by illness or unemployment from being gainfully occupied;
(c) no account shall be taken of any contributions
paid under the legislation of the United Kingdom which are calculated by reference
to taxable earnings, or of any benefit payable under that legislation which
is so calculated, but the rate of any benefit, determined in accordance with
the provisions of that paragraph, shall be increased by any benefit which
is so calculated;
(d) in those cases where the person concerned
is—
(i) a woman claiming a retirement pension
by virtue of her husband's insurance; or
(ii) a woman whose husband's contributions
are taken into account in determining her right to receive a retirement pension
by virtue of her own insurance, her marriage having been terminated by the
death of her husband or otherwise;any reference to a contribution period or equivalent period completed
by the person shall be construed, for the purpose of ascertaining her husband's
yearly average of contributions paid or credited, as including a reference
to a contribution period or equivalent period completed by the husband.
(3) The provisions of 
paragraph (1) of this Article shall apply—

(a) only where the contribution periods and
equivalent periods completed by the insured person under the legislation of
each of the two Parties amount to one year or more;
(b) in the case of sickness benefit, only
where—
(i) the competent authority of the United
Kingdom is satisfied that the insured person is likely to remain incapable
of work for a period of at least three months; and
(ii) the contribution periods completed by
the insured person under the legislation of the two Parties, other than periods
which are ignored in accordance with the provisions of 
paragraph (2) of this Article, amount in the
aggregate to three years or more; and
(iii) either—(aa) the insured person is not entitled to
sickness benefit under the legislation of the United Kingdom by virtue of
the provisions of paragraph (4) of Article 11
 of the present Convention or otherwise; or
(bb) he is receiving benefit in cash under
Swiss legislation, other than an invalidity pension payable under Swiss accident
insurance or a lump sum, and has received sickness benefit under the legislation
of the United Kingdom for one hundred and fifty six days in any period of
interruption of employment which includes the day for which benefit is claimed;

(c) in the case of retirement pension or
widow's benefit, only where the insured person does not wholly or partially
satisfy the contribution conditions for that benefit solely by virtue of contribution
periods and equivalent periods completed under the legislation of the United
Kingdom.
(4) Where a person is entitled to receive
benefit under the legislation of the United Kingdom in accordance with the
provisions of paragraph (1)
of this Article, he shall be entitled to receive under that legislation any
amount also by which the sum of that benefit and any benefit in cash which
he is receiving under Swiss legislation is less than the benefit which would
be payable to him under the legislation of the United Kingdom if the provisions
of that paragraph were not applied in his case.
ARTICLE 13 
A national of the United Kingdom shall
be entitled to take advantage of the rehabilitation measures provided under
Swiss pensions insurance only so long as he maintains his domicile in Switzerland
and only—
(a) if, immediately before the onset of invalidity—

(i) he has completed a contribution period
of at least one year under that legislation; or
(ii) being a married woman or widow who is
not gainfully occupied, she has lived in Switzerland for a continuous period
of at least one year; and
(iii) being a child, he has lived in Switzerland
for a continuous period of at least one year; or
(b) if, being a child, he was born an invalid
in Switzerland or has lived there continuously since his birth.
ARTICLE 14 
For the purpose of any claim to receive
an ordinary invalidity pension under Swiss pensions insurance, a national
of the United Kingdom who has ceased to be insured under that insurance shall
be treated as if he were so insured if, immediately before the onset of invalidity,
he was paying contributions under the legislation of the United Kingdom or
having contributions credited to him under that legislation.
ARTICLE 15 
A national of the United Kingdom who
is resident in Switzerland shall be entitled to receive a special pension
under Swiss pensions insurance only if, immediately before the month from
which he claims the pension, he has resided in Switzerland for a continuous
period of not less than—
(a) ten years in the case of an old age pension;

(b) five years in the case of an invalidity
pension or survivor's pension or an old age pension which replaces an invalidity
or survivor's pension;
and, for this purpose—
(i) no account shall be taken of any period
during which he was exempt from liability to pay contributions under Swiss
pensions insurance;
(ii) a period of residence in Switzerland
shall be treated as continuous if any spells of absence from Switzerland during
that period do not amount in the aggregate to more than three months in any
calendar year.
ARTICLE 16 

(1) Where a national of the United Kingdom
would be entitled to receive any benefit under Swiss legislation if he were
resident in Switzerland, he shall be entitled to receive that benefit if he
is resident outside Switzerland, provided that he shall not be entitled, under
Swiss pensions insurance, to receive a special pension, a helpless person's
allowance or an ordinary pension in respect of any invalidity which is assessed
under that insurance at less than one-half unless he is resident in Switzerland.

(2) Where a person would be entitled to receive
sickness benefit, widow's benefit, guardian's allowance, retirement pension,
injury benefit, disablement benefit or death benefit under the legislation
of the United Kingdom if he were in the United Kingdom or resident there,
he shall be entitled to receive that benefit while he is, respectively, in
Switzerland or resident there, provided that—
(a) in the case of sickness benefit, he—

(i) can wholly or partially satisfy the contribution
conditions for receiving that benefit without taking advantage of the provisions
of Article 11
of the present Convention; and
(ii) (aa) is receiving, under Swiss legislation,
a pension in respect of any invalidity which is assessed under that legislation
at not less than two-thirds; or(bb) before leaving the United Kingdom, has
notified the competent authority of the United Kingdom of his intention to
reside in Switzerland and satisfied that authority that he is likely to remain
permanently incapable of work; or(cc) is temporarily absent from the United
Kingdom for the purpose of receiving treatment for an incapacity which began
before he left the United Kingdom;
(b) in the case of guardian's allowance,
the person by virtue of whose insurance the benefit is claimed has completed
contribution periods under the legislation of the United Kingdom which amount
in the aggregate to at least five years.
(3) Where a person claims any benefit under
the legislation of the United Kingdom, no provision of that legislation which
would affect his claim by reason of the absence of a child, adult dependant
or other person from the United Kingdom shall apply to him if the child, adult
dependant or other person, as the case may be, is, or was at the time in question,
in Switzerland.
PART V
ARTICLE 17 
The competent authorities—
(a) shall make such administrative arrangements
as may be required for the application of the present Convention;
(b) shall communicate to each other information
regarding any measure taken by them for the application of the Convention;

(c) shall communicate to each other, as soon
as possible, information regarding any changes made under their national legislation
which affect the application of the Convention.
ARTICLE 18 

(1) The competent authorities and the social
insurance authorities of the two Contracting Parties shall furnish assistance
to one another with regard to any matter relating to the application of the
present Convention as if the matter were one affecting the application of
their own national legislation.
(2) The competent authorities shall, in particular,
agree upon the measures to be adopted for the medical and administrative supervision
of persons entitled to benefit by virtue of the present Convention.
ARTICLE 19 

(1) Where any benefit in cash is payable
by a social insurance authority of one Contracting Party to a person who is
resident in the territory of the other Party, the payment may be made by a
social insurance authority of the latter Party as agent for the authority
of the former Party in accordance with any arrangements which may be made
by the competent authorities of the two Parties.
(2) Where payment of any benefit is made
by a social insurance authority of one Party as agent for a social insurance
authority of the other, in accordance with the provisions of 
paragraph (1) of this Article, payment may
be made, except in the case of a lump sum, in arrear at intervals of two months.

ARTICLE 20 

(1) Any exemption from, or reduction of,
legal dues, charges and fees provided for in the legislation of one Contracting
Party in connexion with the issue of any certificate or document required
to be produced for the purposes of that legislation, shall be extended to
certificates and documents required to be produced for the purposes of the
legislation of the other Party.
(2) Where any certificate or other document
has to be produced to the competent authority or social insurance authority
of one or the other Party for the purpose of applying the present Convention,
that authority shall not require the certificate or other document to be legalized
by a diplomatic or consular authority.
ARTICLE 21 

(1) Any claim, notice or appeal which should,
for the purposes of the legislation of one Contracting Party, have been presented
within a prescribed period to the social insurance authority of that Party,
but which is in fact presented within the same period to the social insurance
authority of the other Party, shall be treated as if it had been presented
to the social insurance authority of the former Party. In such cases, the
social insurance authority of the latter Party shall, as soon as possible,
send the claim, notice or appeal to the social insurance authority of the
former Party.
(2) Any appeal which should, for the purposes
of the legislation of Switzerland, have been presented within a prescribed
period to a tribunal specified in that legislation, but which is in fact presented
within the same period to a tribunal established under the legislation of
the United Kingdom, shall be treated as if it had been presented to the former
tribunal. In such cases, the social insurance authority of the United Kingdom
shall, as soon as possible, send the appeal to the social insurance authority
of Switzerland, which shall send it to the appropriate tribunal.
(3) Any appeal which should, for the purposes
of the legislation of the United Kingdom, have been presented within a prescribed
period to a tribunal established under that legislation, but which is in fact
presented within the same period to a tribunal specified in the legislation
of Switzerland, shall be treated as if it had been presented to the former
tribunal. In such case, the latter tribunal shall, as soon as possible, send
the appeal through the social insurance authority of Switzerland to the social
insurance authority of the United Kingdom.
ARTICLE 22 
The amount of any benefit due in accordance
with the provisions of the present Convention shall be calculated in the currency
of the Contracting Party whose social insurance authority is responsible for
such benefit.
ARTICLE 23 

(1) Any dispute concerning the interpretation
or application of the present Convention shall, as far as possible, be resolved
by the competent authorities of the Contracting Parties.
(2) If a dispute cannot be resolved in this
way, it shall be submitted, at the request of either Party, to an arbitration
tribunal.
(3) The arbitration tribunal shall be determined
when the occasion arises, as follows: each Party shall appoint a representative
and the two representatives shall choose, in agreement with one another, among
nationals of a third State, a chairman who shall be appointed by the Governments
of the two Parties. The representatives shall be appointed within two months,
and the chairman within three months of the day on which one of the Parties
informs the other that it proposes to submit the dispute to the arbitration
tribunal.
(4) If any of the time limits prescribed
in paragraph (3)
of this Article is not observed, either Party may ask the President of the
European Court of Human Rights to make the requisite appointments. If the
President is a national of either Party or if he is prevented for any other
reason, the Vice-President shall make the nominations. If the Vice-President
also is a national of either Party or if he is likewise prevented, the most
senior member of the Court of Justice who is not a national of either Party
shall make the appointments.
(5) The arbitration tribunal shall act by
majority vote. Its decision shall be binding. Each Party shall bear the expenses
of its representative on the arbitration tribunal. This shall apply also to
the expenses of its representation in the arbitration. The expenses of the
chairman, as well as any other expenses, shall be borne equally by the two
Parties. The arbitration tribunal may decide on another distribution of the
expenses. Apart from these provisions, the arbitration tribunal shall itself
determine its rules of procedure.
PART VI
ARTICLE 24 

(1) No provision of the present Convention
shall confer any right to receive any payment of benefit for a period before
the date of the entry into force of the Convention.
(2) No provision of the Convention shall
diminish any right which a person has acquired under the legislation of either
Contracting Party before the date of the entry into force of the Convention,
whether by virtue of the former Conventions or otherwise.
(3) Any contribution period or equivalent
period which a person has completed before the date of the entry into force
of the Convention shall be taken into account for the purpose of determining
the right to receive benefit under the Convention, provided that no account
shall be taken of a contribution period if the contributions paid for that
period have been refunded to the insured person or transferred under the former
conventions or if supplementary allowances have been paid in respect of those
contributions under those conventions.
(4) Subject to the provisions of 
paragraphs (1), (2)
and (3) of this Article,
any benefit, other than lump sum payments, shall be payable under the present
Convention in respect of events which happened before the date of the entry
into force of the Convention, provided that any claim which a national of
the United Kingdom makes, under Swiss pensions insurance, in respect of an
event which happened before the 1st January 1960, shall be determined under
the former Conventions and not not under the present Convention.
(5) Any benefit which has been determined
before the date of the entry into force of the Convention shall, if necessary,
be determined afresh in accordance with the provisions of 
paragraph (4) of this Article.
(6) Any benefit which is payable, in accordance
with the foregoing provisions of this Article, shall be paid or determined
and paid, as the case may be, as from the date of the entry into force of
the Convention, and, for this purpose—
(a) in the case of any benefit payable under
Swiss legislation, any time limit for claiming that benefit shall be deemed
to run from that date at the earliest;
(b) in the case of any benefit payable under
the legislation of the United Kingdom, any relevant claim may be submitted
and any relevant notice of retirement may be given within twelve months of
that date.
ARTICLE 25 
In the event of the termination of the
present Convention, any right acquired by a person in accordance with its
provisions shall be maintained, and negotiations shall take place for the
settlement of any rights then in course of acquisition by virtue of those
provisions.
ARTICLE 26 

(1) The present Convention shall be ratified
and the instruments of ratification shall be exchanged in London as soon as
possible. The Convention shall enter into force on the first day of the second
month following the month in which the instruments of ratification are exchanged.

(2) Subject to the provisions of 
Article 24, the former Conventions shall be
terminated on the date of entry into force of the present Convention.
ARTICLE 27 
The present Convention shall remain
in force for a period of one year from the date of its entry into force. Thereafter,
it shall continue in force from year to year unless it is denouned in writing
three months before the expiry of any such yearly period.
IN WITNESS WHEREOF the undersigned, duly authorised by their respective
Governments, have signed the present Convention.
DONE
in duplicate at Berne, this twenty-first day of February 1968, in the English
and French languages, both tests being equally authoritive.
For the Government of the United Kingdom of Great Britain and
Northern Ireland:
H. A. F. HOHLER
For the Swiss Federal Council:
CRISTOFORO MOTTA


SCHEDULE 2


 The National Insurance
and Industrial Injuries (Switzerland) Order 1954
 The National Insurance
(Switzerland) Order 1960
