Social Security Administration (Northern Ireland) Act 1992

F1 104 Appointment and powers of inspectors. N.I.

(1) For the purposes of the legislation to which this section applies the Department may appoint such inspectors, and pay to them such salaries or remuneration, as it may determine with the consent of the Department of Finance and Personnel.

(2) An inspector appointed under this section shall, for the purposes of the execution of that legislation, have the following powers—

(a) to enter at all reasonable times any premises liable to inspection under this section;

(b) to make such examination and inquiry as may be necessary—

(i) for ascertaining whether the provisions of the legislation are being, or have been, complied with in any such premises; or

(ii) for investigating the circumstances in which any accident, injury or disease which has given or may give rise to a claim for industrial injuries benefit, or for any benefit which is a [F2 listed]benefit, occurred or may have occurred, or was or may have been received or contracted;

(c) to examine, either alone or in the presence of any other person, as he thinks fit, in relation to any matters under the legislation on which he may reasonably require information, every person whom he finds in any such premises or whom he has reasonable cause to believe to be or to have been a person liable to pay—

F3 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) a compensation payment or a [F4 payment to the Department under Article 8 of the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997],

and to require every such person to be so examined;

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

(3) The premises liable to inspection under this section are any where an inspector has reasonable grounds 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;

(c) a personal or occupational pension scheme is being administered; or

(d) any person—

(i) who [F5 makes a compensation payment in consequence of] any such accident, injury or disease as is referred to in subsection (2)(b)(ii) above; or

(ii) on whose behalf [F6 such a compensation payment has been, may have been, or may be, made],

carries on business or is to be found,

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

(4) Every inspector shall be furnished with a certificate of his appointment, and on applying for admission to any premises for the purpose of the legislation shall, if so required, produce the certificate.

[F7 (5) Where any premises—

(a) are liable to be inspected—

(i) by an officer of the Inland Revenue under section 104ZA below, or

(ii) by an inspector or officer appointed or employed by some other government department, or

(b) are under the control of the Inland Revenue or some other government department,

the Department may make arrangements with the Inland Revenue or that other department for any of the powers or duties of inspectors under this section to be carried out by an inspector or officer employed by the Inland Revenue or that other department.]

(6) In accordance with this section, 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—

F8 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) any compensation payment or [F9 payment to the Department under Article 8 of the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997],

is or has been payable, or has 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.

(7) The following persons are under the duty imposed by subsection (6) above—

(a) the occupier of any premises liable to inspection under this section;

(b) any person who is or has been an employer or an employee within the meaning of any provision of the Contributions and Benefits Act;

(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 to perform services;

(d) any person who is or has at any time been a trustee or manager of a personal or occupational pension scheme;

(e) any person who is or has been liable—

F10 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) to make any compensation payment or [F11 payment to the Department under Article 8 of the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997];

(f) the servants or agents of any such person as is specified in any of the preceding paragraphs,

but no one shall be required under this section to answer any questions or to give evidence tending to incriminate himself or, in the case of a person who is married, his or her spouse.

(8) This section applies to the following legislation—

(a) the Social Security Act 1973;

(b) the Contributions and Benefits Act [F12 except so far as relating to contributions, statutory sick pay or statutory maternity pay];

(c) this Act;

(d) the Pensions Order; F13 . . .

[F14 (e) the Pensions Act [F15 except Part III of that Act]]

[F16 (f) the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997.]

[F17 (9) In this section “compensation payment" and “listed benefit" have the same meaning as in the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997.]

Textual Amendments

F1 For s. 104 there are substituted ss. 103A-103C (2.4.2001) by 2000 c. 4 (N.I.), s. 68(1), Sch. 6 para. 2 (with s. 66(6)); S.I. 2001/141, art. 2(1)(a), Sch. Pt. I

F2 Word in s. 104(2)(b)(ii) substituted (6.10.1997) by S.I. 1997/1183 (N.I. 12), art. 31(1), Sch. 3 para. 3(2); S.R. 1997/400, art. 2(2)

F3 S. 104(2)(c)(i)(ii) repealed (1.4.1999) by S.I. 1999/671, art. 5, Sch. 4 para. 2(4), Sch. 9 Pt. I; S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of that S.R.)

F4 Words in s. 104(2)(c)(iii) substituted (6.10.1997) by S.I. 1997/1183 (N.I. 12), art. 31(1), Sch. 3, para. 3(3); S.R. 1997/400, art. 2(2)

F5 Words in s. 104(3)(d)(i) substituted (6.10.1997) by S.I. 1997/1183 (N.I. 12), art. 3(1), Sch. 3, para. 3(4)(a); S.R. 1997/400, art. 2(2)

F6 Words in s. 104(3)(d)(ii) substituted (6.10.1997) by S.I. 1997/1183 (N.I. 12), art. 31(1), SCh. 3 para. 3(4)(b); S.R. 1997/400, art. 2(2)

F7 S. 104(5) substituted (1.4.1999) by S.I. 1999/671, art. 5, Sch. 4 para. 2(2); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of that S.R.)

F8 S. 104(6)(a)(i)(ii) repealed (1.4.1999) by S.I. 1999/671, art. 5, Sch. 4 para. 2(4), Sch. 9 Pt. I; S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of that S.R.)

F9 Words in s. 104(6)(a)(iii) substituted (6.10.1997) by S.I. 1997/1183 (N.I. 12), art. 31(1), Sch. 3 para. 3(3); S.R. 1997/400, art. 2(2)

F10 S. 104(7)(e)(i) repealed (1.4.1999) by S.I. 1999/671, art. 5, Sch. 4 para. 2(4), Sch. 9 Pt. I; S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of that S.R.)

F11 Words in s. 104(7)(e)(ii) substituted (6.10.1997) by S.I. 1997/1183 (N.I. 12), art. 31(1), Sch. 3, para. 3(3); S.R. 1997/400, art. 2(2)

F12 Words at the end of s. 104(8)(b) inserted (1.4.1999) by S.I. 1999/671, art. 5 Sch. 4 para. 2(3)(a); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of that S.R.)

F13 Word immediately preceding para. (e) in s. 104(8) repealed (6.10.1997) by S.I. 1997/1183 (N.I. 12), art. 31(2), Sch. 4; S.R. 1997/400, art. 2(2)

F14 S. 104(8)(e) substituted (7.2.1994) by 1993 c. 49, s. 184, Sch. 7 para. 39; S.R. 1994/17, art. 2

F15 Words at the end of s. 104(8)(e) inserted (1.4.1999) by S.I. 1999/671, art 5, Sch. 4 para. 3(b); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of that S.R.)

F16 S. 104(8)(f) inserted (6.10.1997) by S.I. 1997/1183 (N.I. 12), art. 31(1), SCh. 3, para. 3(5); S.R. 1997/400, art. 2

F17 S. 104(9) substituted (6.10.1997) by S.I. 1997/1183 (N.I. 12), art. 31(1), Sch. 3, para. 3(6); S.R. 1997/400, art. 2

Modifications etc. (not altering text)

C1 S. 104 restricted (5.10.1999) by 1999 c. 10, ss. 2(3), 20(2), Sch. 2 Pt. IV para. 11

C2 S. 104(6)(7) modified (6.4.1996) by S.I. 1995/2705 (N.I. 15), art. 34; S.R. 1996/26, art. 2