Social Security Act 1986

58 Inspection

(1) For the purposes of the benefit Acts, the Secretary of State may appoint such inspectors, and pay to them such salaries or remuneration, as he may determine with the consent of the Treasury.

(2) An inspector appointed under this section shall, for the purposes of the execution of the benefit Acts, have the following powers—

(a) to enter at all reasonable times any premises liable to inspection under this section ;

(b) to make such examination and enquiry as may be necessary—

(i) for ascertaining whether the provisions of any of those Acts are being, or have been, complied with in any such premises ; or

(ii) for investigating the circumstances in which any injury or disease which has given or may give rise to a claim for industrial injuries benefit was or may have been received or contracted ;

(c) to examine, either alone or in the presence of any other person, as he thinks fit, in relation to any matters under any of those Acts on which he may reasonably require information, every person whom he finds in any such premises or whom he has reasonable cause to believe to be or to have been a person liable to pay—

(i) contributions under the [1975 c. 14.] Social Security Act 1975;

(ii) a state scheme premium,

and to require every such person to be so examined;

(d) to exercise such other powers as may be necessary for carrying any of the benefit Acts into effect.

(3) The premises liable to inspection under this section are any where an inspector has reasonable grounds for supposing that—

(a) any persons are employed ;

(b) there is being carried on any agency or other business for the introduction or supply to persons requiring them of persons available to do work or to perform services; or

(c) a personal or occupational pension scheme is being administered,

but do not include any private dwelling-house not used by, or by permission of, the occupier for the purposes of a trade or business.

(4) Every inspector shall be furnished with a certificate of his appointment, and on applying for admission to any premises for the purpose of any of the benefit Acts shall, if so required, produce the certificate.

(5) Where any premises are liable to be inspected by an inspector or officer appointed or employed by, or are under the control of, some other government department, the Secretary of State may make arrangements with that department for any of the powers or duties of inspectors to be carried out by an inspector or officer employed by that department.

(6) In accordance with this section, persons shall furnish to an inspector all such information, and produce for his inspection all such documents, as he may reasonably require for the purpose of ascertaining—

(a) whether—

(i) any contribution under the [1975 c. 14.] Social Security Act 1975;

(ii) any state scheme premium,

is or has been payable, or has been duly paid, by or in respect of any person ; or

(b) whether benefit under any of the benefit Acts is or was payable to or in respect of any person.

(7) The following persons are under the duty imposed by subsection (6) above—

(a) the occupier of any premises liable to inspection under this section;

(b) any person who is or has been an employer or an employee within the meaning of any of the benefit Acts ;

(c) any person carrying on an agency or other business for the introduction or supply to persons requiring them of persons available to do work or perform services;

(d) any person who is or has at any time been a trustee or manager of a personal or occupational pension scheme;

(e) any person who is or has been liable to pay such contributions or premiums;

(f) the servants or agents of any such person as is specified in any of the preceding paragraphs;

but no-one shall be required under this section to answer any questions or to give any evidence tending to incriminate himself, or, in a case of a person who is married, his or her spouse.

(8) If a person—

(a) wilfully delays or obstructs an inspector in the exercise of any power under this Act; or

(b) refuses or neglects to answer any question or to furnish any information or to produce any document when required to do so under this Act,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) Where a person is convicted of an offence under subsection (8)(b) above and the refusal or neglect is continued by him after his conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £40 for each day on which it is so continued.