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Amendments to the Social Security Fraud Bill

Social Security Fraud Bill -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Social Security Fraud Bill to be moved on Report in the House of Lords.

  
Clause 1
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 2, line 13, leave out from ("service") to end of line 15 
     Page 2, line 24, leave out ("subsections (2C) and (2D) below") and insert ("the following provisions of this section") 
     Page 2, line 34, leave out from ("is") to end of line 41 and insert--
    ("(a)  a person who has committed, is committing or intends to commit a benefit offence; or")
 
     Page 2, line 44, leave out ("(b) or (c)") 
     Page 3, leave out lines 18 to 20 and insert ("any information other than information which (within the meaning of section 21 of the Regulation of Investigatory Powers Act 2000) is communications data but not traffic data.") 
     Page 3, line 20, at end insert--
        ("(2F)  Nothing in subsection (2B) or (2C) above shall prevent an authorised officer from exercising the powers conferred by this section for requiring information, from a person who provides a telecommunications service, about the identity and postal address of a person identified by the authorised officer solely by reference to a telephone number or electronic address used in connection with the provision of such a service.")
 
     Page 3, line 42, leave out ("and") 
     Page 4, line 2, at end insert ("; and
      `telecommunications service' has the same meaning as in the Regulation of Investigatory Powers Act 2000.")
 
  
After Clause 2
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State shall issue a code of practice relating to the exercise of--
    (a)  the powers that are exercisable by an authorised officer under section 109B of the Administration Act in relation to the persons mentioned in subsection (2A) of that section; and
    (b)  the powers conferred on an authorised officer by sections 109BA and 110AA of that Act.
    (2)  The Secretary of State may from time to time--
    (a)  revise the whole or any part of the code for the time being in force under this section; and
    (b)  issue a revised code.
    (3)  Before issuing or revising the code of practice under this section, the Secretary of State shall--
    (a)  prepare and publish a draft of the code, or of the revised code; and
    (b)  consider any representations made to him about the draft;
and the Secretary of State may incorporate in the code he issues any modifications made by him to his proposals after their publication.
 
    (4)  The Secretary of State shall lay before each House of Parliament the code of practice, and every revised code, issued by him under this section.
 
    (5)  The code of practice issued under this section and any revisions of the code shall come into force at the time at which the code or, as the case may be, the revised code is issued by the Secretary of State.
 
    (6)  An authorised officer exercising any power in relation to which provision must be made by the code of practice under this section shall have regard, in doing so, to the provisions (so far as they are applicable) of the code for the time being in force under this section.
 
    (7)  A failure on the part of any person to comply with any provision of the code of practice for the time being in force under this section shall not of itself render him liable to any civil or criminal proceedings.
 
    (8)  The code of practice for the time being in force under this section shall be admissible in evidence in any civil or criminal proceedings.
 
    (9)  In this section "authorised officer" has the same meaning as in Part VI of the Administration Act.")
Code of practice about use of information powers.
  
Clause 3
 
  
BY THE BARONESS NOAKES
 
     Page 7, line 18, leave out from ("authorising") to the 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.") 
     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.")
 
  
Clause 19
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 21, line 25, leave out from ("as") to end of line 26 and insert ("the Secretary of State may by order made by statutory instrument appoint.
 
    (2)  Subject to subsection (3), different days may be appointed under this section for different purposes.
 
    (3)  The power under this section to appoint a day for the coming into force of the provisions of sections 1 and 2 shall not authorise the appointment for those purposes of any day before the issue of the code of practice that must be issued under section (Code of practice about use of information powers).")
 
 
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