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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 Second Marshalled List ofAmendments to the Social Security Fraud Bill [H.L.] to be moved in Committee in the House of Lords.

  [Amendments marked * are new or have been altered]  
Amendment
No.
 
   
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
46      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)")  
47      Page 4, line 44, leave out ("officers") and insert ("inspectors subject to the Secretary of State's code of practice")  
48      Page 4, line 45, leave out ("such")  
49      Page 4, line 45, at end insert ("subject to the granting of the appropriate order of the court")  
50      Page 5, line 9, leave out ("particular") and insert ("specified")  
51      Page 5, line 10, leave out ("could") insert ("should")  
52      Page 5, line 13, leave out ("that a person is required to enter into") and insert ("entered into with a person")  
53      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")
 
54      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)")  
55      Page 6, line 7, leave out ("particular") and insert ("specified")  
56      Page 6, line 7, leave out from ("person") to end of line 11  
57      Page 6, line 13, leave out ("that a person is required to enter into") and insert ("entered into with a person")  
58      Page 6, line 28, after ("entitled") insert ("subject to the terms of the code of practice")  
59      Page 7, line 9, after ("refuses") insert (", without reasonable excuse,")  
   
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE EARL RUSSELL
THE LORD GOODHART
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill.  
   
Clause 3
 
   
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
60      Page 7, line 16, leave out from ("that") to ("in") in line 19 and insert ("arrangements are in force for requiring the making of payments to cover costs")  
   
BY THE BARONESS NOAKES
THE EARL RUSSELL
 
61      Page 7, line 18, leave out from ("authorising") to end of line 38 and insert ("payments to be made to any person for information obtained by virtue of the powers contained in subsection (2A) of section 109B.")  
   
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
61A*      Page 7, line 34, at end insert--
    ("(  )  any local authority;")
 
   
BY THE BARONESS NOAKES
THE EARL RUSSELL
 
62      Page 7, line 39, leave out subsection (2) and insert--
 
    ("(2)  The payments referred to in subsection (1) shall be calculated so as to be equivalent to the costs reasonably incurred by the persons referred to in subsection (1) above in providing the information obtained by virtue of the powers contained in subsection (2A) of section 109B.")
 
   
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
62A*      Page 8, line 17, at end insert--
 
    ("(  )  For the purpose of complying with duties under this section, the costs of doing so shall be met by monies provided by Parliament.")
 
   
BY THE EARL RUSSELL
THE LORD GOODHART
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill.  
   
After Clause 3
 
   
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
63      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 Commissioner, 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.
64      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
 
65      Page 8, line 21, leave out ("it appears to the Secretary of State") and insert ("the Secretary of State is satisfied")  
66      Page 9, line 35, leave out ("reasonable") insert ("necessary")  
   
Clause 6
 
   
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
67      Page 10, line 19, leave out ("was convicted of") and insert ("committed")  
   
BY THE EARL RUSSELL
THE LORD GOODHART
 
68      Page 10, line 42, at end insert ("provided always that no such reduction shall exceed 10 per cent.")  
69      Page 10, line 49, at end insert ("provided always that no such reduction shall exceed the rate of 10 per cent.")  
   
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
70      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.")
 
   
BY THE EARL RUSSELL
THE LORD GOODHART
 
71      Page 11, line 39, leave out ("(subject to any regulations under section 9(1))")  
72      Page 12, line 5, leave out ("and to any regulations under section 9(1)")  
   
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
73      Page 12, line 11, leave out paragraph (d)  
   
BY THE EARL RUSSELL
THE LORD GOODHART
 
74      Page 12, line 22, leave out from second ("references") to ("to") in line 24  
   
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS CARNEGY OF LOUR
 
75      Page 12, line 24, at end insert ("; and
    (  )  in Scotland, reference to a conviction shall not include situations where a person has been found guilty of a benefit offence but has been made the subject of a probation order or discharged absolutely by the court")
 
   
BY THE EARL RUSSELL
THE LORD GOODHART
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 6 stand part of the Bill.  
 
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