Social Security Act 1973

Section 88.

SCHEDULE 22 Miscellaneous Administrative Provisions

PART I Inspectors

1 An inspector appointed under section 88 of this Act shall, for the purposes of the execution of this Act, have the following powers—

(a) to enter at all reasonable times any premises or place liable to inspection under this Part of this Schedule ;

(b) to make such examination and inquiry as may be necessary for ascertaining whether the provisions of this Act or any enactment thereby repealed are being, or have been, complied with in any such premises or place ;

(c) to examine, either alone or in the presence of any other person, as he thinks fit, in relation to any matters under this Act or any enactment thereby repealed on which he may reasonably require information, every person whom he finds in any such premises or place, or whom he has reasonable cause to believe to be or to have been a person liable to pay contributions or a premium under this Act or any enactment thereby repealed, and to require every such person to be so examined ;

(d) to exercise such other powers as may be necessary for carrying this Act into effect.

2 (1) In accordance with this paragraph, 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 any contributions or premiums are or have been payable, or have been duly paid, by or in respect of any person ; or

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

(2) The following persons are under the duty imposed by sub-paragraph (1) above—

(a) the occupier of any premises or place liable to inspection under this Part of this Schedule ;

(b) any person who is or has been employing another ;

(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) the servants or agents of any such person as is specified in sub-paragraph (a), (b) or (c) above; and

(e) any person who is or has been liable to pay contributions or a premium under this Act.

3 In this Part of this Schedule references to contributions include reserve scheme, as well as basic scheme, contributions ; and " premium " means a reserve scheme premium.

4 (1) If any person—

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

(b) refuses or neglects to answer any question or to furnish any information or to produce any document when required so to do under this Part of this Schedule ;

he shall be liable on summary conviction to a fine not exceeding £50.

(2) Where a person is convicted of an offence under sub-paragraph (1)(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 £10 for each day on which it is so continued.

(3) No one shall be required under this Part of this Schedule to answer any questions or to give any evidence tending to incriminate himself or, in the case of a person who is married, his or her wife or husband.

5 Every inspector shall be furnished with a certificate of his appointment, and on applying for admission to any premises or place for the purposes of this Act shall, if so required, produce the said certificate.

6 The premises and places liable to inspection under this Part of this Schedule are any premises or places where an inspector appointed under this Act has reasonable ground 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;

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

7 Where any premises or place are or is liable to be inspected by an inspector or officer appointed or employed by, or are or is 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 under this Part of this Schedule to be carried out by an inspector or officer employed by that department, and, where such an arrangement is made, such inspectors or officers shall have all the powers of an inspector under this Part of this Schedule.

PART II Provisions Relating to Age, Marriage, Death and Furnishing of Addresses

Information as to age, marriage or death

8 Regulations made by the Registrar General under section 20 of the [1953 c. 37.] Registration Service Act 1953 may provide for the furnishing by superintendent registrars, and registrars, subject to the payment of such fee as may be prescribed by the regulations, of such information for the purposes of this Act, including copies or extracts from the registers in their custody, as may be so prescribed.

9 Where the age, marriage or death of a person is required to be ascertained or proved for the purposes of this Act, any person shall—

(a) on presenting to the custodian of the register under the enactments relating to the registration of births, marriages and deaths, wherein particulars of the birth, marriage or death, as the case may be, of the first-mentioned person are entered, a duly completed requisition in writing in that behalf; and

(b) on payment of a fee of 15 pence ;

be entitled to obtain a copy, certified under the hand of the custodian, of the entry of those particulars.

10 Requisitions for the purposes of paragraph 9 above shall be in such form and contain such particulars as may from time to time be specified by the Registrar General, and suitable forms thereof shall, on request, be supplied without charge by every superintendent registrar and registrar.

11 In the application of this Part of this Schedule to England and Wales, the expression " Registrar General" means the Registrar General for England and Wales, and the expressions " superintendent registrar " and " registrar" mean a superintendent registrar or, as the case may be, registrar for the purposes of the enactments relating to the registration of births, deaths and marriages; and in the application of this Part of this Schedule to Scotland—

(a) the expression "Registrar General" means the Registrar General of Births, Deaths and Marriages for Scotland;

(b) for the reference in paragraph 8 to section 20 of the [1953 c. 37.] Registration Service Act 1953 there shall be substituted a reference to section 54 of the [1965 c. 49.] Registration of Births, Deaths and Marriages (Scotland) Act 1965 ;

(c) references to a superintendent registrar shall be omitted ;

(d) the expression " registrar " means a district registrar, senior registrar or assistant registrar for the purposes of the enactments relating to the registration of births, deaths and marriages in Scotland.

12 Paragraphs 9 to 11 above (except paragraph 11(b)) shall apply for the purposes of the Industrial Injuries Act as they apply for the purposes of this Act.

Furnishing of addresses for maintenance proceedings, etc.

13 (1) The Secretary of State may incur expenses for the purpose of furnishing the address at which a man or woman is recorded by him as residing, where the address is required for the purpose of taking or carrying on legal proceedings to obtain or enforce an order for the making by the man or woman of payments—

(a) for the maintenance of the man's wife or former wife, or the woman's husband or former husband ; or

(b) for the maintenance or education of any person as being the son or daughter of the man or his wife or former wife, or of the woman or her husband or former husband.

(2) In sub-paragraph (1)(b) above " son or daughter " includes a son or daughter by adoption and an illegitimate son or daughter.

Treatment of certain marriages

14 Regulations may provide—

(a) for a voidable marriage which has been annulled, whether before or after the date when the regulations come into force, to be treated for the purposes of such provisions of, or of any regulations under, this Act, subject to such exceptions or conditions as may be prescribed, as if it had been a valid marriage which was terminated by divorce at the date of annulment;

(b) for the purposes of this Act, the Industrial Injuries Act or the Family Allowances Act, as to the circumstances in which a marriage celebrated under a law which permits polygamy is to be treated as having the same consequences as a marriage celebrated under a law which does not;

and regulations made for the purposes of sub-paragraph (b) above may make different provision in relation to different purposes and circumstances.

PART III Amendments of Industrial Injuries Act, section 64

15 In section 64 of the Industrial Injuries Act, in subsection (4), for the words after paragraph (b) substitute the following—

“he shall be liable on summary conviction to a fine of not more than £50.

(5) Where a person is convicted of an offence under subsection (4)(b) of this section, 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 £10 for each day on which it is so continued.

(5A) No one shall be required under this section to answer any questions or to give any evidence tending to incriminate himself or, in the case of a person who is married, his or her wife or husband.”