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Amendments to the Social Security Fraud Bill [H.L.]

Social Security Fraud Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Social Security Fraud Bill [H.L.] to be moved in Committee in the House of Lords.

  
Clause 1
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
     Page 1, line 7, leave out from beginning to ("(persons") in line 10 and insert--
 
    ("After subsection (1) of section 109B (power to require information there shall be inserted--
        (1A)  A magistrate may, on an application from an authorised officer who has reasonable grounds for believing that a person--
      (a)  is a person falling within subsection (2A) below, and
      (b)  has possession of or access to any information about any matter that is relevant for any one or more of the purposes mentioned in section 109A(2) above,
    make an order requiring that person to provide to the authorised officer such information specified in the order as is information of which he has possession, or to which he has access, and which it is reasonable to require for a purpose so mentioned."
        (2A)  After subsection (2) of section 109B")
 
     Page 2, leave out lines 22 and 23 
     Page 2, line 23, at end insert--
    ("(o)  any government department or agency")
 
     Page 2, line 25, leave out ("officer") insert ("inspector duly authorised in accordance with the Code of Conduct set out by the Secretary of State for the purposes of this Act") 
     Page 2, line 32, after ("above") insert (", upon obtaining a court order,") 
     Page 2, line 35, leave out (", is contravening or is likely to contravene") and insert ("or is contravening") 
     Page 2, line 38, leave out (", is committing or is likely to commit") and insert ("or is committing") 
     Page 2, leave out lines 40 and 41 
  
Clause 2
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
     Page 4, line 43, leave out from ("may") to end of line 45 and insert ("enter into arrangements with that person under which authorised officers may obtain by electronic access to those records the information which they could have requested by a notice issued in accordance with section 109B(1)") 
     Page 4, line 44, leave out ("officers") and insert ("inspectors subject to the Secretary of State's Code of Practice") 
     Page 4, line 45, at end insert ("subject to the granting of the appropriate order of the Court") 
     Page 5, line 10, leave out ("could") insert ("should") 
     Page 5, line 13, leave out ("that a person is required to enter into") and insert ("entered into with a person") 
     Page 5, line 24, at end insert ("; and
    (e)  such arrangements as are necessary to provide the person with a report upon the investigation should they either be incidental to the investigation in process or, if the subject of that investigation, found to be innocent of any wrongdoing")
 
     Page 5, line 43, leave out from ("may") to end of line 45 and insert ("enter into arrangements with that person under which authorised officers may obtain by electronic access to those records the information which they could have requested by a notice issued in accordance with section 109B(1)") 
     Page 6, leave out lines 8 to 11 
     Page 6, line 13, leave out ("that a person is required to enter into") and insert ("entered into with a person") 
     Page 6, line 28, after ("entitled") insert ("subject to the terms of the Code of Practice") 
     The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill 
  
After Clause 3
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State shall prepare a code of practice on the use and processing of personal data for purposes associated with the provisions of this Act or the relevant provisions of any enactment amended by this Act.
 
    (2)  A copy of any code of practice prepared under the provisions of this section shall be laid before Parliament.
 
    (3)  Before he lays before Parliament a copy of any code of practice prepared under this section, it shall be the duty of the Secretary of State to publish a draft of that code and consider any representations made to him about that draft by--
    (a)  the Data Protection Registrar, and
    (b)  any other person or body,
    and he may modify that draft accordingly.
    (4)  A code of practice prepared under the provisions of this section shall not come into effect until it has been approved by resolution of each House of Parliament and issued by the Secretary of State.
 
    (5)  The Secretary of State may from time to time revise the whole or any part of a code of practice issued under the provisions of this section, and the provisions of subsections (1) to (4) above shall apply to any such revision, with appropriate modifications.
 
    (6)  It shall be the duty of the individual nominated by the Secretary of State to keep under review compliance with any code of practice issued under the provisions of this section, and in pursuance of this duty he shall have power to require the provision of any information necessary to him in the discharge of this duty.
 
    (7)  Where the individual nominated by the Secretary of State considers that the provisions of any code of practice issued under this section have been breached, then such a breach will be deemed to be a breach of the principles to which that part of the code relates.
 
    (8)  The Secretary of State shall lay before Parliament annually a report on the monitoring of compliance with any code of practice issued under this section.")
Code of practice.
     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State shall prepare standards of disclosure relevant to the use of personal data for purposes associated with the provisions of this Act or the relevant provisions of any enactment amended by this Act.
 
    (2)  The Secretary of State shall also put in place procedures for the disclosure of information by "authorised persons" under the legislation to individuals incidental to an investigation or who are found not to have committed an offence.
 
    (3)  Compliance with the standards shall be part of the code of practice.
 
    (4)  The Secretary of State may from time to time revise the whole or any part of the standards.
 
    (5)  The individual appointed by the Secretary of State to oversee the code of practice and shall also monitor and report on the application of the standards.")
Disclosure of information.
  
Clause 4
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
     Page 9, line 35, leave out ("reasonable") insert ("necessary") 
  
Clause 6
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
     Page 11, line 27, at end insert--
 
    ("Likewise any third party either informed of the restriction or contacted as part of the investigatory process shall be notified of the quashing of the conviction.")
 
     Page 12, leave out line 11 
  
Clause 14
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 14 stand part of the Bill 
      
  
Clause 15
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
     Page 20, line 18, leave out subsection (2) 
  
After Clause 16
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
     Insert the following new Clause-- 
 ("Miscellaneous 
     .--(1)  The Secretary of State shall--
    (a)  undertake an annual assessment of the level of benefits fraud and related issues; and
    (b)  lay a report of his findings before each House of Parliament.
    (2)  The first report shall be submitted no more than 18 months after the commencement of this Act.")
Annual report by Secretary of State.
     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State shall--
    (a)  conduct an annual review of the Regulatory Impact Assessment in consultation with all the bodies affected financially, or otherwise, by the provisions of the Act; and
    (b)  lay a report of his findings before each House of Parliament.
    (2)  The first report shall be submitted no more than 18 months after the commencement of this Act.")
Annual review of Regulatory Impact Assessment by Secretary of State.
  
Clause 19
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
     Page 21, line 41, at end insert--
 
    ("  .--(2)  The provision of this Act shall lapse in their entirety three years after the date on which this Act receives Royal Assent.")
 
 
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Prepared 26 January 2001