The Social Security Investigation Powers (Arrangements with Great Britain) Regulations (Northern Ireland) 2007

Interpretation

3.  In this Memorandum—

“1992 (GB) Act” means the Social Security Administration Act 1992(1);

“1992 (NI) Act” means the Social Security Administration (Northern Ireland) Act 1992;

“administrative penalty provisions” means—

(a)

in relation to Great Britain, section 115B of the 1992 (GB) Act; and

(b)

in relation to Northern Ireland, section 109B of the 1992 (NI) Act;

“authorised officer” means—

(a)

in relation to Great Britain—

(i)

an individual who, for any one or more of the purposes listed in section 109A(2) of the 1992 (GB) Act, has the authorisation of the Secretary of State to exercise any one or more of the powers conferred by sections 109B, 109BA and 109C of the 1992 (GB) Act, or

(ii)

an individual who, for any one or more of the purposes listed in section 110A(2) of the 1992 (GB) Act, has the authorisation of an authority administering housing benefit or council tax benefit to exercise any one or more of the powers conferred by sections 110A and 110AA of the 1992 (GB) Act; and

(b)

in relation to Northern Ireland—

(i)

an individual who, for any one or more of the purposes listed in section 103A(2) of the 1992 (NI) Act, has the authorisation of the Department for Social Development in Northern Ireland to exercise any one or more of the powers conferred by sections 103B, 103BA and 103C of the 1992 (NI) Act, or

(ii)

an individual who, for any one or more of the purposes listed in section 104A(2) of the 1992 (NI) Act, has the authorisation of the Northern Ireland Housing Executive to exercise any one or more of the powers conferred by sections 104A and 104AA of the 1992 (NI) Act;

“electronic record-keeper” means—

(a)

in relation to Great Britain—

(i)

a person who keeps electronic records and who, for the purposes of section 109BA(1) of the 1992 (GB) Act, may be required by the Secretary of State to enter into arrangements to allow authorised officers access to those records, or

(ii)

a person who keeps electronic records and who, for the purposes of section 110AA(1) of the 1992 (GB) Act, may be required by an authority administering housing benefit or council tax benefit to enter into arrangements to allow authorised officers access to those records; and

(b)

in relation to Northern Ireland—

(i)

a person who keeps electronic records and who, for the purposes of section 103BA(1) of the 1992 (NI) Act, may be required by the Department for Social Development in Northern Ireland to enter into arrangements to allow authorised officers access to those records, or

(ii)

a person who keeps electronic records and who, for the purposes of section 104AA of the 1992 (NI) Act, may be required by the Northern Ireland Housing Executive to enter into arrangements to allow authorised officers access to those records;

“legislation” means—

(a)

in relation to Great Britain, the 1992 (GB) Act; and

(b)

in relation to Northern Ireland, the 1992 (NI) Act;

“relevant authority” means—

(a)

in relation to Great Britain, the Secretary of State or an authority administering housing benefit or council tax benefit; and

(b)

in relation to Northern Ireland, the Department for Social Development in Northern Ireland or the Northern Ireland Housing Executive;

“relevant criminal provision” means—

(a)

in relation to Great Britain, section 111 or 115 of the 1992 (GB) Act; and

(b)

in relation to Northern Ireland, section 105 or 109 of the 1992 (NI) Act;

“social security investigation powers” means—

(a)

in relation to Great Britain—

(i)

the power to require by written notice that information be provided for the purposes of section 109B of the 1992 (GB) Act,

(ii)

the power to obtain information in accordance with arrangements entered into for the purposes of sections 109BA and 110AA of the 1992 (GB) Act, and

(iii)

the power to enter premises and exercise any one or more of the powers associated with such entry for the purposes of section 109C of the 1992 (GB) Act; and

(b)

in relation to Northern Ireland—

(i)

the power to require by written notice that information be provided for the purposes of section 103B of the 1992 (NI) Act,

(ii)

the power to obtain information in accordance with arrangements entered into for the purposes of sections 103BA and 104AA of the 1992 (NI) Act, and

(iii)

the power to enter premises and exercise any one or more of the powers associated with such entry for the purposes of section 103C of the 1992 (NI) Act;

“stipulated purposes” means—

(a)

in relation to Great Britain, the purposes set out in sections 109A(2) and 110A(2) of the 1992 (GB) Act; and

(b)

in relation to Northern Ireland, the purposes set out in sections 103A(2) and 104A(2) of the 1992 (NI) Act;

“territory” means Great Britain or Northern Ireland, as the case may require.

(1)

1992 c. 5