The Contracting Out (Functions of Local Authorities: Income-Related Benefits) Order 2002

Functions which may be contracted out

3.—(1) In so far as it is not already lawful for functions of a local authority in relation to council tax benefit, discretionary housing payments and housing benefit under the provisions of—

(a) the Benefits Act,

(b) the Administration Act,

(c) section 34 of the Social Security Act 1998, and

(d) the Child Support, Pensions and Social Security Act 2000,

and any Regulations and Orders made under those provisions for the time being in force, to be exercised by, or by employees of, such a person (if any) authorised to do so by that authority, any such function of an authority under those provisions (not being a function excluded from section 70 of the Deregulation and Contracting Out Act 1994 by section 71(1) of that Act), other than a function specified in paragraph (2), may, if and in so far as that authority may authorise, be so exercised.

(2) The functions referred to in paragraph (1) are—

(a) any function relating to the claiming and receipt of subsidy;

(b) the issue of a certificate under section 116(3)(b) of the Administration Act (as to the date on which evidence sufficient to justify prosecution came to the local authority’s knowledge);

(c) the grant or withdrawal of authorisations under section 110A(3) to (7)(1) of the Administration Act (to exercise the powers of inspection);

(d) the function of requiring a person to enter into arrangements under section 110AA(2) of the Administration Act (to allow access to electronic records); and

(e) any function under sections 139D to 139H of the Administration Act(3) (directions by the Secretary of State).

(1)

Section 110A was amended by section 69 of, and Schedule 6 to, the Child Support, Pensions and Social Security Act 2000 (c. 19) and by section 1 of the Social Security Fraud Act 2001 (c. 11).

(2)

Section 110AA was inserted by section 2 of the Social Security Fraud Act 2001.

(3)

Section 139D was inserted by section 8, and sections 139E to 139H were inserted by section 9, of the Social Security Administration (Fraud) Act 1997 (c. 47).