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SCHEDULES

SCHEDULE 6E+W+S Social security investigation powers

Consequential amendmentsE+W+S

4In section 111 (delay and obstruction of inspector)—

(a)in subsection (3), for “section 110(5)” there shall be substituted “an authorisation granted under section 109A or 110A”; and

(b)in subsection (4)—

(i)for “section 110(5) above any power conferred by section 110 above” there shall be substituted “an authorisation granted under section 109A or 110A above, any power conferred by section 109B or 109C above”; and

(ii)for the words “section 110”, where they occur at the end of the subsection, there shall be substituted “sections 109B and 109C”.

5E+W+SIn section 111A(1) (dishonest representations), before “social security legislation” there shall be inserted “relevant”.

6E+W+SIn section 112(1) (false representations), before “social security legislation” there shall be inserted “relevant”.

7(1)In subsection (1) of section 113 (breach of regulations)—E+W+S

(a)for “Acts to which section 110 above applies” there shall be substituted “legislation to which this section applies”;

(b)for the words “that Act”, in the first place where they occur, there shall be substituted “that legislation”; and

(c)for the words “that Act”, where they occur in paragraph (b), there shall be substituted “any enactment contained in the legislation in question”.

(2)After that subsection there shall be inserted—

(1A)The legislation to which this section applies is—

(a)the relevant social security legislation; and

(b)the enactments specified in section 121DA(1) so far as relating to contributions, statutory sick pay or statutory maternity pay.

8E+W+SAfter section 121D (but still in Part VI) there shall be inserted—

121DA Interpretation of Part VI.

(1)In this Part “the relevant social security legislation” means the provisions of any of the following, except so far as relating to contributions, working families’ tax credit, disabled person’s tax credit, statutory sick pay or statutory maternity pay, that is to say—

(a)the Contributions and Benefits Act;

(b)this Act;

(c)the Pensions Act, except Part III;

(d)section 4 of the M1Social Security (Incapacity for Work) Act 1994;

(e)the M2Jobseekers Act 1995;

(f)the M3Social Security (Recovery of Benefits) Act 1997;

(g)Parts I and IV of the M4Social Security Act 1998;

(h)Part V of the M5Welfare Reform and Pensions Act 1999;

(i)the M6Social Security Pensions Act 1975;

(j)the M7Social Security Act 1973;

(k)any subordinate legislation made, or having effect as if made, under any enactment specified in paragraphs (a) to (j) above.

(2)In this Part “authorised officer” means a person acting in accordance with any authorisation for the purposes of this Part which is for the time being in force in relation to him.

(3)For the purposes of this Part—

(a)references to a document include references to anything in which information is recorded in electronic or any other form;

(b)the requirement that a notice given by an authorised officer be in writing shall be taken to be satisfied in any case where the contents of the notice—

(i)are transmitted to the recipient of the notice by electronic means; and

(ii)are received by him in a form that is legible and capable of being recorded for future reference.

(4)In this Part “premises” includes—

(a)moveable structures and vehicles, vessels, aircraft and hovercraft;

(b)installations that are offshore installations for the purposes of the M8Mineral Workings (Offshore Installations) Act 1971; and

(c)places of all other descriptions whether or not occupied as land or otherwise;

and references in this Part to the occupier of any premises shall be construed, in relation to premises that are not occupied as land, as references to any person for the time being present at the place in question.

(5)In this Part—

(6)In this Part—

(a)any reference to a person authorised to carry out any function relating to housing benefit or council tax benefit shall include a reference to a person providing services relating to the benefit directly or indirectly to an authority administering it; and

(b)any reference to the carrying out of a function relating to such a benefit shall include a reference to the provision of any services relating to it.

(7)In this section “subordinate legislation” has the same meaning as in the M10Interpretation Act 1978.

Commencement Information

I1Sch. 6 para. 8 wholly in force at. 2.4.2001; Sch. 6 para. 8 not in force at Royal Assent see s. 86(2)(3)(a); Sch. 6 para. 8 in force for certain purposes at 1.11.2000 by S.I. 2000/2950, art. 2; Sch. 6 para. 8 in force at 2.4.2001 by S.I. 2001/1252, art. 2(1)(a)

Marginal Citations

9E+W+SIn paragraph 5 of Schedule 10 to the M11Social Security Administration Act 1992 (transitional provisions for supplementary benefit), for the words before sub-paragraph (a) there shall be substituted “Part VI of this Act shall have effect as if the following Acts were included in the Acts comprised in the relevant social security legislation”.

Marginal Citations