National Insurance Act 1965

94 General provisions as to prosecutions.

(1) Proceedings in England or Wales for an offence under this Act shall not be instituted except by or with the consent of the Minister or by an inspector or other officer authorised in that behalf by special or general directions of the Minister.

(2) Any such inspector or other officer may, although not of counsel or a solicitor, prosecute or conduct before a magistrates' court any such proceedings as aforesaid.

(3) Notwithstanding any provision in any Act prescribing the period within which summary proceedings may be commenced, proceedings for an offence under this Act may be commenced at any time within the period of three months from the date on which evidence, sufficient in the opinion of the Minister to justify a prosecution for the offence, comes to his knowledge, or within the period of twelve months after the commission of the offence, whichever period last expires.

(4) For the purposes of subsection (3) of this section, a certificate purporting to be signed by or on behalf of the Minister as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof.

(5) In the application of subsection (3) of this section to Scotland, the reference to evidence sufficient to justify a prosecution shall be construed as a reference to evidence sufficient to justify a report to the Lord Advocate with a view to consideration of the question of prosecution.

(6) In any proceedings for an offence under this Act, the wife or husband of the accused shall be competent to give evidence, whether for or against the accused:

Provided that the wife or husband shall not be compellable either to give evidence or, in giving evidence, to disclose any communication made to her or him by the accused during the marriage.