Information

I114 Information required by Secretary of State.

1

The Secretary of State may make regulations requiring any information or evidence needed for the determination of any application under this Act, or any question arising in connection with such an application, or needed in connection with the collection or enforcement of child support or other maintenance under this Act, to be furnished—

a

by such persons as may be determined in accordance with regulations made by the Secretary of State; and

b

in accordance with the regulations.

F31A

Regulations under subsection (1) may make provision for notifying any person who is required to furnish any information or evidence under the regulations of the possible consequences of failing to do so.

2

Where the Secretary of State has in his possession any information acquired by him in connection with his functions under any of the benefit Acts F2or the Jobseekers Act 1995, he may—

a

make use of that information for purposes of this Act; or

b

disclose it to the Department of Health and Social Services for Northern Ireland for purposes of any enactment corresponding to this Act and having effect with respect to Northern Ireland.

F12A

Where the Secretary of State has in his possession any information acquired by him in connection with his functions under this Act, he may—

a

make use of that information for purposes of any of the benefit Acts or of the Jobseekers Act 1995; or

b

disclose it to the Department of Health and Social Services for Northern Ireland for purposes of any enactment corresponding to any of those Acts and having effect with respect to Northern Ireland.

3

The Secretary of State may by regulations make provision authorising the disclosure by him or by child support officers, in such circumstances as may be prescribed, of such information held by them for purposes of this Act as may be prescribed.

4

The provisions of Schedule 2 (which relate to information which is held for purposes other than those of this Act but which is required by the Secretary of State) shall have effect.

C115 Powers of inspectors.

1

Where, in a particular case, the Secretary of State considers it appropriate to do so for the purpose of acquiring information which he or any child support officer requires for purposes of this Act, he may appoint a person to act as an inspector under this section.

2

Every inspector shall be furnished with a certificate of his appointment.

3

Without prejudice to his being appointed to act in relation to any other case, or being appointed to act for a further period in relation to the case in question, an inspector’s appointment shall cease at the end of such period as may be specified.

4

An inspector shall have power—

a

to enter at all reasonable times—

i

any specified premises, other than premises used solely as a dwelling-house; and

ii

any premises which are not specified but which are used by any specified person for the purpose of carrying on any trade, profession, vocation or business; and

b

to make such examination and enquiry there as he considers appropriate.

5

An inspector exercising his powers may question any person aged 18 or over whom he finds on the premises.

6

If required to do so by an inspector exercising his powers, any person who is or has been—

a

an occupier of the premises in question;

b

an employer or an employee working at or from those premises;

c

carrying on at or from those premises any trade, profession, vocation or business;

d

an employee or agent of any person mentioned in paragraphs (a) to (c),

shall furnish to the inspector all such information and documents as the inspector may reasonably require.

7

No person shall be required under this section to answer any question or to give any evidence tending to incriminate himself or, in the case of a person who is married, his or her spouse.

8

On applying for admission to any premises in the exercise of his powers, an inspector shall, if so required, produce his certificate.

9

If any person—

a

intentionally delays or obstructs any inspector exercising his powers; or

b

without reasonable excuse, refuses or neglects to answer any question or furnish any information or to produce any document when required to do so under this section,

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

10

In this section—

  • certificate” means a certificate of appointment issued under this section;

  • inspector” means an inspector appointed under this section;

  • powers” means powers conferred by this section; and

  • specified” means specified in the certificate in question.