- Latest available (Revised)
- Point in Time (25/11/2013)
- Original (As enacted)
Point in time view as at 25/11/2013.
Jobseekers Act 1995, Section 20E is up to date with all changes known to be in force on or before 07 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
[F2(1)The following functions of the Secretary of State may be exercised by, or by employees of, such person (if any) as the Secretary of State may authorise for the purpose, namely—
(a)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The following functions of officers of the Secretary of State may be exercised by, or by employees of, such person (if any) as the Secretary of State may authorise for the purpose, namely—
(a)specifying places and times, and being contacted, under section 8;
(b)entering into or varying any jobseeker's agreement under section 9 or 10 and referring any proposed agreement or variation to the Secretary of State under section 9 or 10;
(c)giving notifications under section 16 F5. . . ;
(d)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Regulations may provide for any of the following functions of the Secretary of State to be exercisable by, or by employees of, such person (if any) as the Secretary of State may authorise for the purpose—
(a)any function under regulations under section 8, F7. . . 17A F7. . . F8. . . , except the making of an excluded decision (see subsection (4));
(b)the function under section 9(1) of the 1998 Act (revision of decisions) so far as relating to decisions (other than excluded decisions) that relate to any matter arising under any such regulations;
(c)the function under section 10(1) of the 1998 Act (superseding of decisions) so far as relating to decisions (other than excluded decisions) of the Secretary of State that relate to any matter arising under any such regulations;
(d)any function under Chapter 2 of Part 1 of the 1998 Act (social security decisions), except section 25(2) and (3) (decisions involving issues arising on appeal in other cases), which relates to the exercise of any of the functions within paragraphs (a) to (c).
(4)Each of the following is an “excluded decision” for the purposes of subsection (3)—
(a)a decision about whether a person has failed to comply with a requirement imposed by regulations under section 8, F9. . . F10. . . F8. . . ;
(b)a decision about whether a person had good cause for failure to comply with such a requirement;
(c)a decision about not paying or reducing a jobseeker's allowance in consequence of a failure to comply with such a requirement.
(5)Regulations under subsection (3) may provide that a function to which that subsection applies may be exercised—
(a)either wholly or to such extent as the regulations may provide,
(b)either generally or in such cases as the regulations may provide, and
(c)either unconditionally or subject to the fulfilment of such conditions as the regulations may provide.
(6)An authorisation given by virtue of any provision made by or under this section may authorise the exercise of the function concerned—
(a)either wholly or to such extent as may be specified in the authorisation,
(b)either generally or in such cases as may be so specified, and
(c)either unconditionally or subject to the fulfilment of such conditions as may be so specified;
but, in the case of an authorisation given by virtue of regulations under subsection (3), this subsection is subject to the regulations.
(7)An authorisation given by virtue of any provision made by or under this section—
(a)may specify its duration,
(b)may be revoked at any time by the Secretary of State, and
(c)does not prevent the Secretary of State or any other person from exercising the function to which the authorisation relates.
(8)Anything done or omitted to be done by or in relation to an authorised person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by or in relation to the Secretary of State or (as the case may be) an officer of the Secretary of State.
(9)But subsection (8) does not apply—
(a)for the purposes of so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function, or
(b)for the purposes of any criminal proceedings brought in respect of anything done by the authorised person (or an employee of that person).
(10)Any decision which an authorised person makes in exercise of a function of the Secretary of State has effect as a decision of the Secretary of State under section 8 of the 1998 Act.
(11)Where—
(a)the authorisation of an authorised person is revoked at any time, and
(b)at the time of the revocation so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function is subsisting,
the authorised person is entitled to treat the contract as repudiated by the Secretary of State (and not as frustrated by reason of the revocation).
(12)In this section—
(a)“the 1998 Act” means the Social Security Act 1998;
(b)“authorised person” means a person authorised to exercise any function by virtue of any provision made by or under this section;
(c)references to functions of the Secretary of State under any enactment (including one comprised in regulations) include functions which the Secretary of State has by virtue of the application of section 8(1)(c) of the 1998 Act in relation to the enactment.]]
Textual Amendments
F1S. 20E inserted (9.3.2011 for specified purposes, otherwise prosp.) by Welfare Reform Act 2009 (c. 24), ss. 32(2), 61(3); S.I. 2011/682, art. 2(b)(c)
F2S. 20E repealed (29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 4; S.I. 2013/983, art. 7(1)(e) (with art. 7(2)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)
F3S. 20E(1)(a)-(c) repealed (8.5.2012) by virtue of Welfare Reform Act 2012 (c. 5), ss. 147, 150(2)(k), Sch. 14 Pt. 2
F4S. 20E(1)(d)-(f) repealed (8.5.2012) by virtue of Welfare Reform Act 2012 (c. 5), ss. 147, 150(2)(b), Sch. 14 Pt. 6
F5Words in s. 20E(2)(c) repealed (8.5.2012) by virtue of Welfare Reform Act 2012 (c. 5), ss. 147, 150(2)(k), Sch. 14 Pt. 2
F6S. 20E(2)(d) repealed (8.5.2012) by virtue of Welfare Reform Act 2012 (c. 5), ss. 147, 150(2)(k), Sch. 14 Pt. 2
F7Words in s. 20E(3)(a) repealed (8.5.2012) by virtue of Welfare Reform Act 2012 (c. 5), ss. 147, 150(2)(k), Sch. 14 Pt. 2
F8Words in s. 20E(3)(a)(4)(a) repealed (8.5.2012) by virtue of Welfare Reform Act 2012 (c. 5), ss. 147, 150(2)(b), Sch. 14 Pt. 6
F9Words in s. 20E(4)(a) repealed (8.5.2012) by virtue of Welfare Reform Act 2012 (c. 5), ss. 147, 150(2)(k), Sch. 14 Pt. 2
F10Words in s. 20E(4)(a) repealed (22.10.2012) by virtue of Welfare Reform Act 2012 (c. 5), ss. 147, 150(3), Sch. 7 para. 16(2)(c); S.I. 2012/2530, art. 2(2)(f)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: