The Social Security Investigation Powers (Arrangements with Northern Ireland) Regulations 2007
Citation, commencement, interpretation1.
(1)
These Regulations may be cited as the Social Security Investigation Powers (Arrangements with Northern Ireland) Regulations 2007 and shall come into force on 1st March 2007.
(2)
Amendment of Schedule 2 to the Social Security (Northern Ireland Reciprocal Arrangements) Regulations 19762.
(1)
(2)
In Part I of Schedule 2 (adaptations of certain provisions of the Social Security Act 1975)—
(a)
in column 1, omit the reference to section 144(2) of the Social Security Act 1975;
(b)
in column 2, omit the reference to section 135(2) of the Social Security (Northern Ireland Act) 1975; and
(c)
in column 3, omit “Powers of inspectors”.
Single system of investigation powers; adaptations to the 1992 Act3.
(1)
The arrangements for a single system of social security investigation powers in Great Britain and Northern Ireland set out in the Memorandum reproduced in Schedule 1 shall have effect in Great Britain.
(2)
The 1992 Act shall have effect subject to such adaptations as may be required for the purpose of giving effect to those arrangements.
(3)
In particular (and without prejudice to the generality of paragraph (2) and so far as may be required for the purpose mentioned in that paragraph)—
(a)
an act, omission or event referred to in a provision of the Northern Ireland legislation specified in column 2 of the table in Schedule 2 shall be deemed to be an act, omission or event under the provision of the 1992 Act specified in the corresponding paragraph of column 1 of that table; and
(b)
in the provisions specified in column 1 of that table—
(i)
references to the Secretary of State shall be construed as including references to the Department for Social Development in Northern Ireland, and
(ii)
references to an authority administering housing benefit or council tax benefit shall be construed as including the Northern Ireland Housing Executive.
Signed by authority of the Secretary of State for Work and Pensions.
SCHEDULE 1Memorandum of Arrangements relating to the creation of a single system of social security investigation powers in Great Britain and Northern Ireland
SCHEDULE 2TABLE OF CORRESPONDING PROVISIONS
1 Provision of the Social Security Administration Act 1992 | 2 Provision of the Social Security Administration (Northern Ireland) Act 1992 | 3 Subject Matter |
|---|---|---|
Section 109A | Section 103A | Authorisations for investigators by Secretary of State, or Department for Social Development for Northern Ireland |
Section 109B | Section 103B | Power to require information |
Section 109BA | Section 103BA | Power for Secretary of State, or Department for Social Development for Northern Ireland, to require electronic access to information |
Section 109C | Section 103C | Powers of entry |
Section 110A | Section 104A | Authorisations for investigators by local authorities or Northern Ireland Housing Executive |
Section 110AA | Section 104AA | Power of local authority, or Northern Ireland Housing Executive, to require electronic access to information |
Section 111 | Section 105 | Offence of delay, obstruction etc. of an authorised officer |
Section 115 | Section 109 | Offences by a body corporate: director etc. also guilty in certain circumstances |
Section 115B | Section 109B | Penalty as alternative to prosecution: colluding employers etc. |
These Regulations give effect in Great Britain to arrangements for a single system of social security investigation powers in Great Britain and Northern Ireland (“the Arrangements”) made between the Secretary of State for Work and Pensions (in relation to Great Britain) and the Department for Social Development in Northern Ireland (in relation to Northern Ireland). The Arrangements are set out in a Memorandum reproduced in Schedule 1 to the Regulations.
The Regulations and the Arrangements replace and expand those that previously existed between Great Britain and Northern Ireland as regards powers of inspectors in matters of social security. Regulation 2 therefore amends the Social Security (Northern Ireland Reciprocal Arrangements) Regulations 1976 (SI 1976/1003) by omitting the references to powers of inspectors contained in Schedule 2 to those Regulations. The revised Arrangements will apply to certain benefits (for example income support and jobseeker’s allowance) which fall outside the scope of the 1976 Regulations.
Regulation 3 gives effect in Great Britain to the Arrangements, and provides for the adaptation of the Social Security Administration Act 1992 (“the 1992 (GB) Act”) so far as may be required for the purpose of giving them effect, in particular by deeming an act, omission or event referred to in a provision of the Social Security Administration (Northern Ireland) Act 1992 (“the 1992 (NI) Act”) indicated in column 2 of the table in Schedule 2 to be an act, omission or event under the corresponding provision of the 1992 (GB) Act indicated in column 1 of that table.
The Regulations (together with the Arrangements) will mean in particular that—
where an officer has authorisation in Northern Ireland to exercise social security investigation powers under the 1992 (NI) Act, he is to be treated as having authorisation in the same terms in Great Britain for the purposes of the equivalent provision of the 1992 (GB) Act;
the Department for Social Development in Northern Ireland or the Northern Ireland Housing Executive may require persons in Great Britain listed in section 109B(2A) of the 1992 (GB) Act who keep electronic records to enter into arrangements to allow authorised officers to have access to those records, and for this to be treated as a requirement made by the Secretary of State under section 109BA (or, as the case may be, an authority administering housing benefit or council tax benefit under section 110AA) of the 1992 (GB) Act; and
where a person obstructs in Great Britain a social security investigation being carried out for the purposes of the 1992 (NI) Act, or provides false information to the authorised officer, this can form the basis of an offence under provisions such as section 111 of the 1992 (GB) Act. As an alternative to a criminal prosecution in those circumstances, an administrative penalty could be imposed under section 115B of the 1992 (GB) Act.
The Social Security Investigation Powers (Arrangements with Great Britain) Regulations (Northern Ireland) 2007 give effect to the Arrangements in Northern Ireland.
These Regulations give effect to amendments to an existing regulatory regime and have only a negligible impact on business, charities and the voluntary sector, so a full regulatory impact assessment is unnecessary.
Introductory
1.
2.
The arrangements set out in this Memorandum shall come into force on 1st March 2007.
Interpretation
3.
In this Memorandum—
“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.
4.
In the application of this Memorandum to a territory, expressions used in this Memorandum shall (unless the context otherwise requires) have the same respective meanings as in the legislation that relates to that territory.
5.
Single system of social security investigation powers
6.
Social security investigation powers shall operate as a single system in Great Britain and Northern Ireland.
7.
The following arrangements in particular shall apply (but without prejudice to the generality of paragraph 6).
Powers of authorised officers
8.
Where an authorised officer has authorisation to exercise any one or more of the social security investigation powers for any one or more of the stipulated purposes of the legislation in one territory, he shall be treated as having authorisation to exercise for the same purposes the equivalent social security investigation powers in the other territory.
9.
Any restrictions on the powers exercisable by virtue of his authorisation which apply in one territory are also to apply in the other territory.
Obligations of electronic record-keepers
10.
A relevant authority in one territory may require an electronic record-keeper in the other territory to enter into arrangements under which authorised officers are allowed access to its electronic records; and where it does so, that requirement shall be treated for the purposes of the legislation of the other territory as a requirement of a relevant authority in that other territory.
Enforcement: criminal offences and administrative penalties
11.
(1)
This paragraph applies where—
(a)
an authorised officer authorised to exercise any of the social security investigation powers in one territory exercises the equivalent social security investigation powers in the other territory (see paragraph 8), or
(b)
a relevant authority in one territory requires an electronic record-keeper in the other territory to enter into arrangements under which authorised officers are allowed access to its electronic records (see paragraph 10).
(2)
An act, omission or event in relation to the authorised officer shall be treated for the purposes of—
(a)
a relevant criminal provision, and
(b)
the administrative penalty provisions,
as if it occurred in relation to an officer who is authorised by a relevant authority in the territory where the act, omission or event occurred.
(3)
An act, omission or event in relation to the relevant authority shall be treated for the purposes of—
(a)
a relevant criminal provision, and
(b)
the administrative penalty provisions,
as if it occurred in relation to a relevant authority in the territory where the act, omission or event occurred.
Signed
We consent
Signed
I consent