Social Security Administration (Northern Ireland) Act 1992

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Social Security Administration (Northern Ireland) Act 1992. Any changes that have already been made by the team appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Act certain provisions applied (with modifications) by S.R. 2010/312 reg. 16 Sch. 2
Act modified by S.R. 2005/544 art. 2
Act modified by S.R. 2007/295 art. 2
Act modified by S.R. 2007/438 art. 2 Sch. 1 2
Act modified by S.R. 2007/67 reg. 3 Sch. 1 2
Act savings for effects of 2002 c. 21 commenced by SI 2003/938 and SI 2003/962 by S.R. 2003/212 art. 2
Blanket amendment text amended by S.I. 2011/1043 art. 3 4
Act transfer of functions by S.I. 2010/976 Sch. 17 para. 12
Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 5

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Act in part by 2002 c. 21 s. 50(2)(d)
s. 2D-2H inserted by 2010 c. 13 (N.I.) s. 2(2)
s. 2D(1) repealed by 2010 c. 13 (N.I.) Sch. 4 Pt. 1
s. 2D(3)(a) repealed by 2010 c. 13 (N.I.) Sch. 4 Pt. 1
s. 2D(8) repealed by 2010 c. 13 (N.I.) Sch. 4 Pt. 1
s. 2D(9)(b) repealed by 2010 c. 13 (N.I.) Sch. 4 Pt. 1
s. 2D(10) repealed by 2010 c. 13 (N.I.) Sch. 4 Pt. 1
s. 2E(2)(a) repealed by 2010 c. 13 (N.I.) Sch. 4 Pt. 1
s. 5B inserted by 2007 c. 2 (N.I.) s. 38(1)
s. 10A inserted by 2008 c. 14 s. 135(3)
s. 107A 107B inserted by 2004 c. 3 s. 10(5)
s. 107C inserted by 2008 c. 14 s. 136(1)
s. 110A inserted by 2007 c. 2 (N.I.) s. 43
s. 116E inserted by 2010 c. 13 (N.I.) s. 16(3)
s. 128DA inserted by 2007 c. 2 (N.I.) s. 36(7)
s. 130AA inserted by 2008 c. 1 (N.I.) Sch. 2 para. 2
s. 130AB inserted by 2008 c. 13 (N.I.) Sch. 3 para. 14
s. 132A inserted by 2008 c. 1 (N.I.) s. 5(1)
s. 139C inserted by 2007 c. 2 (N.I.) Sch. 3 para. 4(20)
s. 139C(6) text amended by 2008 c. 1 (N.I.) Sch. 1 para. 26
s. 140B inserted by 2007 c. 2 (N.I.) Sch. 3 para. 4(21)
Sch. 3A inserted by 2008 c. 14 s. 136(2)

Commencement Orders yet to be applied to the Social Security Administration (Northern Ireland) Act 1992:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2003/273 art. 2 commences (2001 c. 11)
S.I. 2003/392 art. 2 commences (2002 c. 21)
S.I. 2003/962 art. 2 commences (2002 c. 21)
S.I. 2004/1943 art. 2-6 commences (2004 c. 3)
S.I. 2005/1126 art. 2 commences (2005 c. 11)
S.I. 2005/3255 art. 2 commences (2004 c. 33)
S.I. 2008/3137 art. 2 commences (2008 c. 14)
S.I. 2009/404 art. 2 commences (2008 c. 9)
S.I. 2009/1604 art. 2 commences (2005 c. 4)
S.I. 2009/3332 art. 2 commences (2009 c. 8)
S.I. 2010/812 art. 2 commences (2009 c. 3)
S.I. 2011/2329 art. 2 3 commences (2011 c. 5)
S.R. 2003/53 art. 4 5 6 7 commences (2000 c. 4)
S.R. 2003/204 art. 2 commences (S.I. 1999/3147 (N.I.))
S.R. 2003/211 art. 2 commences (2002 c. 14 (N.I.))
S.R. 2003/344 art. 2-4 Sch. 1 2 commences (S.I. 2003/435 (N.I.))
S.R. 2003/373 art. 2 commences (2002 c. 14 (N.I.))
S.R. 2003/396 art. 2 commences (2002 c. 10 (N.I.))
S.R. 2005/166 art. 2 commences (S.I. 2005/255 (N.I.))
S.R. 2006/124 art. 2 Sch. commences (2002 c. 26)
S.R. 2006/402 art. 2 amendment to earlier commencing SR 1999/371
S.R. 2006/402 art. 3 amendment to earlier commencing SR 1999/428
S.R. 2006/418 art. 2 commences (S.I. 2003/3202 (N.I.))
S.R. 2006/437 art. 2 amendment to earlier commencing SR 2006/418
S.R. 2007/194 art. 2 commences (S.I. 2006/3336 (N.I.))
S.R. 2007/429 art. 2 commences (2007 c. 2 (N.I.))
S.R. 2008/147 art. 2 commences (2007 c. 2 (N.I.))
S.R. 2008/276 art. 2 commences (2007 c. 2 (N.I.))
S.R. 2008/291 art. 2 commences (2008 c. 10 (N.I.))
S.R. 2008/399 art. 2 commences (2008 c. 10 (N.I.))
S.R. 2009/172 art. 2 commences (2009 c. 3 (N.I.))
S.R. 2009/216 art. 2 commences (2008 c. 10 (N.I.))
S.R. 2009/375 art. 2 commences (2009 c. 8)
S.R. 2010/147 art. 2 commences (2010 c. 3 (N.I.))
S.R. 2010/295 arts. 2 3 commences (S.I. 2006/1947 (N.I.))
S.R. 2010/327 art. 2 commences (2010 c. 13)

Persons employed or formerly employed in social security administration or adjudicationN.I.

117 Unauthorised disclosure of information relating to particular persons.N.I.

(1)A person who is or has been employed in social security administration or adjudication is guilty of an offence if he discloses without lawful authority any information which he acquired in the course of his employment and which relates to a particular person.

(2)A person who is or has been employed in the audit of expenditure or the investigation of complaints is guilty of an offence if he discloses without lawful authority any information—

(a)which he acquired in the course of his employment;

(b)which is, or is derived from, information acquired or held by or for the purposes of any of the government departments or other bodies or persons referred to in Part I of Schedule 4 to this Act or in any corresponding enactment having effect in Great Britain; and

(c)which relates to a particular person.

(3)It is not an offence under this section—

(a)to disclose information in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it; or

(b)to disclose information which has previously been disclosed to the public with lawful authority.

(4)It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence—

(a)he believed that he was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise; or

(b)he believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.

(5)A person guilty of an offence under this section shall be liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both; or

(b)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

(6)For the purposes of this section, the persons who are “employed in social security administration or adjudication” are—

(a)any person specified in Part I of Schedule 4 to this Act or in any corresponding enactment having effect in Great Britain;

(b)any other person who carries out the administrative work of any of the government departments or other bodies or persons referred to in that Part of that Schedule or that corresponding enactment; and

(c)any person who provides, or is employed in the provision of, services to any of those departments, persons or bodies;

and “employment”, in relation to any such person, shall be construed accordingly.

[F1(6A)Subsection (6) above shall have effect as if any medical practitioner who, for the purposes of [F2Article 19 of the Social Security (Northern Ireland) Order 1998], is provided by any person in pursuance of a contract entered into with the Department were specified in Part I of Schedule 4 to this Act]

(7)For the purposes of subsections (2) and (6) above, any reference in Part I of Schedule 4 to this Act or in any corresponding enactment having effect in Great Britain to a government department shall be construed in accordance with Part II of that Schedule or any corresponding enactment having effect in Great Britain, and for this purpose “government department” shall be taken to include—

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(aa)the Scottish Administration;] and

(b)the Scottish Courts Administration.

(8)For the purposes of this section, the persons who are “employed in the audit of expenditure or the investigation of complaints” are—

(a)the Comptroller and Auditor General for Northern Ireland;

(b)the Northern Ireland Parliamentary Commissioner for Administration;

(c)the Northern Ireland Commissioner for Complaints;

(d)the Comptroller and Auditor General;

(e)the Parliamentary Commissioner for Administration;

(f)any member of the staff of the Northern Ireland Audit Office or the National Audit Office;

(g)any other person who carries out the administrative work of either of those Offices, or who provides, or is employed in the provision of, services to either of them;

[F5(ga)a Northern Ireland local government auditor;

(gb)a member of the Audit Commission for Local Authorities and the National Health Service in England and Wales and any auditor appointed by that Commission;

(gc)a member of the Accounts Commission for Scotland and any auditor within the meaning of Part VII of the Local Government (Scotland) Act 1973;]

(h)the Health Service Commissioner for England, Wales or Scotland; F6. . .

[F7(ha)a member of the Local Commission for England;

(hb)a member of the Local Commission for Wales;

(hc)the Commissioner for Local Administration in Scotland; and]

(i)any officer of any of the Commissioners [F8or Commissions referred to in paragraphs (b), (c), (e) and (gb) to (hc) above and any person assisting an auditor referred to in paragraph (ga), (gb) or (gc) above];

and “employment”, in relation to any such person, shall be construed accordingly.

(9)For the purposes of this section a disclosure is to be regarded as made with lawful authority if, and only if, it is made—

(a)in accordance with his official duty—

(i)by a civil servant; or

(ii)by a person employed in the audit of expenditure or the investigation of complaints, who does not fall within subsection (8)(g) above;

(b)by any other person either—

(i)for the purposes of the function in the exercise of which he holds the information and without contravening any restriction duly imposed by the person responsible; or

(ii)to, or in accordance with an authorisation duly given by, the person responsible;

(c)in accordance with any statutory provision or order of a court;

(d)for the purpose of instituting, or otherwise for the purposes of, any proceedings before a court or before any tribunal or other body or person referred to in Part I of Schedule 4 to this Act or in any corresponding enactment having effect in Great Britain; or

(e)with the consent of the appropriate person;

and in this subsection “the person responsible” means the Department, the Lord Chancellor or any person authorised by the Department or the Lord Chancellor for the purposes of this subsection and includes a reference to “the person responsible” within the meaning of any corresponding enactment having effect in Great Britain.

(10)For the purposes of subsection (9)(e) above, “the appropriate person” means the person to whom the information in question relates, except that if the affairs of that person are being dealt with—

(a)under a power of attorney;

(b)by a controller appointed under Article 101 of the M1Mental Health (Northern Ireland) Order 1986 or by a receiver appointed under section 99 of the M2Mental Health Act 1983;

(c)by a Scottish mental health custodian, that is to say—

(i)a curator bonis, tutor or judicial factor; or

(ii)the managers of a hospital acting on behalf of that person under section 94 of the M3Mental Health (Scotland) Act 1984; or

(d)by a mental health appointee, that is to say—

(i)a person directed or authorised as mentioned in sub-paragraph (a) of rule 38(1) of Order 109 of the Rules of the M4Supreme Court (Northern Ireland) 1980 or sub-paragraph (a) of rule 41(1) of the M5Court of Protection Rules 1984; or

(ii)a controller ad interim appointed under sub-paragraph (b) of the said rule 38(1) or any receiver ad interim appointed under sub-paragraph (b) of the said rule 41(1),

the appropriate person is the attorney, controller, receiver, custodian or appointee, as the case may be, or, in a case falling within paragraph (a) above, the person to whom the information relates.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1S. 117(6A) inserted (3.1.1995) by 1994 c. 40, ss. 76, 82(2)(f), Sch. 16 para. 25

F2Words in s. 117(6A) substituted (5.7.1999, 6.9.1999, 5.10.1999, 18.10.1999 and 29.11.1999 for different purposes, otherwise prosp.) by S.I. 1998/1506, (N.I. 10), arts. 1, 78(1), Sch. 6 para. 70; S.R. 1999/310, art. 2(1)(b), Sch. 1 (with arts. 4, 14); S.R. 1999/371, art. 2(b), Sch. 1 (with arts. 4, 18); S.R. 1999/407, art. 2(b), Sch. (with art. 4); S.R. 1999/428, art. 2(b), Sch. 1 (with arts. 4, 16) and S.R. 1999/472, art. 2(1), Sch. 1 (with arts. 20-22) (subject to art. 2(2) of that S.R.)