2017 No. 613
Social Security

The Social Security (Miscellaneous Amendments No. 3) Regulations 2017

Made
Laid before Parliament
Coming into force
These Regulations are made by the Treasury in exercise of the powers conferred by sections 4A(1) and (3) to the Social Security Contributions and Benefits Act 19921 and sections 4A(1) and (3) to the Social Security Contributions and Benefits (Northern Ireland) Act 19922.
The Secretary of State concurs in relation to regulation 2 and the Department for Communities3 concurs in relation to regulation 3.

Citation and commencement1.

These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 3) Regulations 2017 and come into force on 18th May 2017.

Amendment of the Social Security Contributions (Intermediaries) Regulations 20002.

(1)

The Social Security Contributions (Intermediaries) Regulations 20004 are amended as follows.

(2)

For Regulation 3A (meaning of public authority) substitute—

“Meaning of public authority3A.

(1)

In these Regulations “public authority” means—

(a)

a public authority as defined by the Freedom of Information Act 20005,

(b)

a Scottish public authority as defined by the Freedom of Information (Scotland) Act 20026,

(c)

the Corporate Officer of the House of Commons,

(d)

the Corporate Officer of the House of Lords,

(e)

the National Assembly for Wales Commission, or

(f)

the Northern Ireland Assembly Commission.

(2)

An authority within paragraph (1)(a) or (b) is a public authority for the purposes of these Regulations in relation to all its activities even if provisions of the Act mentioned in that paragraph do not apply to all information held by the authority.

(3)

Paragraph (1) is subject to paragraph (4).

(4)

A primary-healthcare provider is a public authority for the purposes of these Regulations only if the primary-healthcare provider—

(a)

has a registered patient list for the purposes of relevant medical-services regulations,

(b)

is within paragraph 43A in Part 3 of Schedule 1 to the Freedom of Information Act 20007 (providers of primary healthcare services in England and Wales) by reason of being a person providing primary dental services,

(c)

is within paragraph 518 in that Part of that Schedule (providers of healthcare services in Northern Ireland) by reason of being a person providing general dental services, or

(d)

is within paragraph 33 in Part 4 of Schedule 1 to the Freedom of Information (Scotland) Act 20029 (providers of healthcare services in Scotland) by reason of being a person providing general dental services.

(5)

In paragraph (4)—

“primary-healthcare provider” means an authority that is within paragraph (1)(a) or (b) only because it is within a relevant paragraph,

“relevant paragraph” means—

(a)

any of paragraphs 43A to 45A and 51 in Part 3 of Schedule 1 to the Freedom of Information Act 200010, or

(b)

any of paragraphs 33 to 35 in Part 4 of Schedule 1 to the Freedom of Information (Scotland) Act 200211, and

“relevant medical-services regulations” means any of the following—

(a)

the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations 200412,

(b)

the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Wales) Regulations 200413,

(c)

the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Scotland) Regulations 200414, and

(d)

the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations (Northern Ireland) 200415.”.

Amendment of the Social Security Contributions (Intermediaries) (Northern Ireland) Regulations 20003.

(1)

The Social Security Contributions (Intermediaries) (Northern Ireland) Regulations 200016 are amended as follows.

(2)

For Regulation 3A (meaning of public authority) substitute—

“Meaning of public authority3A.

(1)

In these Regulations “public authority” means—

(a)

a public authority as defined by the Freedom of Information Act 200017,

(b)

a Scottish public authority as defined by the Freedom of Information (Scotland) Act 200218,

(c)

the Corporate Officer of the House of Commons,

(d)

the Corporate Officer of the House of Lords,

(e)

the National Assembly for Wales Commission, or

(f)

the Northern Ireland Assembly Commission.

(2)

An authority within paragraph (1)(a) or (b) is a public authority for the purposes of these Regulations in relation to all its activities even if provisions of the Act mentioned in that paragraph do not apply to all information held by the authority.

(3)

Paragraph (1) is subject to paragraph (4).

(4)

A primary-healthcare provider is a public authority for the purposes of these Regulations only if the primary-healthcare provider—

(a)

has a registered patient list for the purposes of relevant medical-services regulations,

(b)

is within paragraph 43A in Part 3 of Schedule 1 to the Freedom of Information Act 200019 (providers of primary healthcare services in England and Wales) by reason of being a person providing primary dental services,

(c)

is within paragraph 5120 in that Part of that Schedule (providers of healthcare services in Northern Ireland) by reason of being a person providing general dental services, or

(d)

is within paragraph 33 in Part 4 of Schedule 1 to the Freedom of Information (Scotland) Act 200221 (providers of healthcare services in Scotland) by reason of being a person providing general dental services.

(5)

In paragraph (4)—

“primary-healthcare provider” means an authority that is within paragraph (1)(a) or (b) only because it is within a relevant paragraph,

“relevant paragraph” means—

(a)

any of paragraphs 43A to 45A22 and 51 in Part 3 of Schedule 1 to the Freedom of Information Act 2000, or

(b)

any of paragraphs 33 to 35 in Part 4 of Schedule 1 to the Freedom of Information (Scotland) Act 2002, and

“relevant medical-services regulations” means any of the following—

(a)

the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations 200423,

(b)

the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Wales) Regulations 200424,

(c)

the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Scotland) Regulations 200425, and

(d)

the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations (Northern Ireland) 200426.”.
Guto Bebb
Andrew Griffiths
Two of the Lords Commissioners of Her Majesty’s Treasury

The Secretary of State concurs as indicated in the preamble.

Signed by authority of the Secretary of State for Work and Pensions

Richard Harrington
Parliamentary Under Secretary of State
Department of Works and Pensions

The Department for Communities concurs as indicated in the preamble.

Sealed with the Official Seal of the Department for Communities on

Anne McCleary
A senior officer of the Department for Communities
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations replace the definition of “public authority” in Regulation 3A of the Social Security (Intermediaries) Regulations 2000 (S.I. 2000/727) and the Social Security (Intermediaries) (Northern Ireland) Regulations 2000 (S.I. 2000/728).

A Tax Information and Impact Note covering the changes made by these Regulations was published on 8th March 2017 and is available on the website at: https://www.gov.uk/government/collections/tax-information-and-impact-notes-tiins. It remains an accurate summary of the impacts that apply to this instrument.