I17Regulations about powers to require information

1

The appropriate authority may by regulations provide for the exercise, for prescribed housing fraud investigation purposes, of powers to require the provision of information.

2

The appropriate authority may by regulations—

a

make provision about the persons by whom powers conferred by regulations under this section may be exercised;

b

in particular, make provision for the authorisation by local authorities of persons to exercise those powers.

3

The provision that may be made by regulations under this section includes, in particular, provision equivalent to—

a

provision made by a relevant enactment, or

b

provision that is capable of being made under a relevant enactment,

with such modifications as the appropriate authority thinks fit.

4

For the purposes of subsection (3), each of the following enactments is a “relevant enactment”—

a

section 109B of the Social Security Administration Act 1992 (powers to require information);

b

section 110A of that Act (authorisations by local authorities to exercise powers of investigation);

c

section 121DA(2) and (3) of that Act (interpretation of Part 6 of that Act).

5

After the repeal of section 110A of the Social Security Administration Act 1992 by Part 1 of Schedule 14 to the Welfare Reform Act 2012, the reference to that section in subsection (4) is to that section as it had effect immediately before it was repealed.

6

A person exercising powers conferred by regulations under this section must have regard to guidance issued or approved by the appropriate authority.

7

In this section “housing fraud investigation purposes” means purposes relating to the prevention, detection or securing of evidence for a conviction of—

a

an offence under this Act;

b

an offence under the Fraud Act 2006 relating to the unlawful sub-letting or parting with possession of the whole or part of a dwelling-house let by a local authority, a private registered provider of social housing or a registered social landlord,

c

an offence under the Fraud Act 2006 relating to an application for an allocation of housing accommodation under Part 6 of the Housing Act 1996,

d

an offence under the Fraud Act 2006 relating to an application for accommodation, or for assistance in obtaining accommodation, under Part 7 of the Housing Act 1996,

e

an offence under the Fraud Act 2006 relating to—

i

a claim to exercise the right to buy under Part 5 of the Housing Act 1985,

ii

a claim to exercise the right to acquire under section 16 of the Housing Act 1996, or

iii

a claim to exercise the right to acquire under section 180 of the Housing and Regeneration Act 2008, or

f

an associated offence in relation to an offence mentioned in any of paragraphs (a) to (e).

8

In this section “prescribed” means prescribed by regulations under this section.