- Statutory Instrument 2002 No. 817
The Social Security Administration Act 1992 (Amendment) Order 2002
© Crown Copyright 2002
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Social Security Administration Act 1992 (Amendment) Order 2002, ISBN 0 11 039617 0. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 25th March 2002 | ||
| Coming into force | 1st April 2002 |
Whereas a draft of this instrument was laid before Parliament in accordance with section 190(1)(aza) of the Social Security Administration Act 1992[1] and approved by resolution of each House of Parliament;
Now, therefore, the Secretary of State for Work and Pensions, in exercise of the powers conferred by sections 109B(6)(a) and (b)[2] and 189(1), (4) and (5) of the Social Security Administration Act 1992, and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation and commencement
1. This Order may be cited as the Social Security Administration Act 1992 (Amendment) Order 2002 and shall come into force on 1st April 2002.
Persons from whom information may be obtained
2. In section 109B of the Social Security Administration Act 1992 (power to require information), in subsection (2A)[3] -
-
(a) after paragraph (a) insert -
-
"
(aa) the Director of National Savings;";
(b) for paragraph (c) substitute -
-
"
(c) any insurer;";
(c) for paragraph (h) substitute -
-
"
(h) any person who -
-
(i) is the holder of a licence under section 7 of the Gas Act 1986 (c. 44) to convey gas through pipes, or
(ii) is the holder of a licence under section 7A(1) of that Act to supply gas through pipes;";
(d) for paragraph (i) substitute -
-
"
(i) any person who (within the meaning of the Electricity Act 1989 (c. 29)) distributes or supplies electricity;".
Definitions of persons from whom information may be obtained
3.
In section 109B of the Social Security Administration Act 1992 (power to require information) -
-
(a) in subsection (7) -
-
(i) for the definition of "bank" substitute -
-
"
"bank" means -
-
(a) a person who has permission under Part IV of the Financial Services and Markets Act 2000 (c. 8) to accept deposits;
(b) an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to accept deposits or other repayable funds from the public; or
(c) a person who does not require permission under that Act to accept deposits, in the course of his business in the United Kingdom;";
-
(ii) after the definition of "credit" insert -
-
"
"insurer" means -
-
(a) a person who has permission under Part IV of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance; or
(b) an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of insurance;";
(b) after subsection (7) insert -
-
"
(7A) The definitions of "bank" and "insurer" in subsection (7) must be read with -
-
(a) section 22 of the Financial Services and Markets Act 2000;
(b) any relevant order under that section; and
(c) Schedule 2 to that Act.".
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State, Department for Work and Pensions
25th March 2002
(This note is not part of the Order)
The Social Security Fraud Act 2001 (c. 11) provides for officers authorised under sections 109A and 110A of the Social Security Administration Act 1992 (c. 5) to require information about individuals from specified private and public sector organisations. These organisations are listed under new section 109B(2A) of the 1992 Act which is inserted by section 1(2) of the 2001 Act. Information may be obtained where it is reasonable for the purposes of fraud investigation as particularised in section 109A(2) and 110A(2).
This Order extends the list under section 109B(2A) as follows:
- in article 2(a), a reference is inserted to the Director of National Savings;
- in article 2(c), paragraph (h) is amended so that reference is made not only to gas suppliers but also to gas distributors;
- in article 2(d), paragraph (i) is similarly amended so as to refer to electricity distributors as well as electricity suppliers.
In addition, article 2(b) modifies paragraph (c) by substituting a reference to "insurer" for that to "insurance company"; and article 3(a) substitutes a new definition of "bank" and inserts a definition of "insurer" in subsection (7) (these definitions are expanded upon in new subsection (7A), inserted by article 3(b)).
The total costs to public and private sector organisations of the information powers introduced by the Social Security Fraud Act 2001 are estimated at between £2.3 million and £7 million per annum. These costs were identified by means of a Regulatory Impact Assessment (RIA) published on 12th March 2001. This Order does not change that estimate. Copies of the RIA are available from the Department for Work and Pensions, Fraud Act Implementation Team, 6th Floor, Adelphi, 1-11 John Adam Street, London WC2N 6HT.
Notes:
[1] 1992 c. 5.back
[2] Section 109B was substituted, together with sections 109A and 109C, for section 110 as originally enacted, by section 67 of and Schedule 6, paragraphs 1 and 2 to the Child Support, Pensions and Social Security Act 2000 (c. 19).back
[3] Subsections (2A) to (2F) and (6) and (7) were inserted and subsection (5) was substituted by section 1 of the Social Security Fraud Act 2001 (c. 11).back
ISBN 0 11 039617 0