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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 Marshalled List of Amendments to the Social Security Fraud Bill to be moved on Report in the House of Lords.

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 1
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
1     Page 2, line 13, leave out from ("service") to end of line 15 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
2     Page 2, leave out lines 22 and 23 
3     Page 2, line 23, at end insert--
 
    ("(  )  Any authorised officer wishing to obtain information under this section shall make an application to the person holding it through that section of the Department of Social Security responsible for the investigation of fraud.")
 
4     Page 2, line 23, at end insert--
 
    ("(  )  Requests for information made to any of the persons specified in subsection (2A)(a) to (m) above shall be made to a central department in the organisation.")
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
THE EARL RUSSELL
 
5     Page 2, line 24, leave out ("subsections (2C) and (2D) below") and insert ("the following provisions of this section") 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
6     Page 2, line 29, at end insert--
 
    ("(  )  No investigation or inquiry under this section shall be made until the validity of the National Insurance number held by the individual concerned has been checked.")
 
7     Page 2, line 29, at end insert--
 
    ("(  )  Prior to the exercise of the power conferred on an authorised officer to obtain information under this section, that officer shall obtain in writing the consent to carry out an investigation.
 
    (  )  Consent shall be obtained from an official of seniority of "Band B" or above from the relevant department.")
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
THE EARL RUSSELL
 
8     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")
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
9     Page 2, line 35, leave out (", is contravening or is likely to contravene") and insert ("or is contravening") 
10     Page 2, line 38, leave out (", is committing or is likely to commit") and insert ("or is committing") 
11     Page 2, leave out lines 40 and 41 
12     Page 2, leave out lines 42 to 44 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
13     Page 2, line 44, leave out ("(b) or (c)") 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
14     Page 2, line 44, at end insert--
        ("(  )  Nothing in this Act shall authorise an inquiry which contravenes any provision of the Data Protection Act 1998.")
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
15     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."") 
16     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.")
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
17     Page 3, line 23, at beginning insert ("subject to subsection (6A) below,") 
18     Page 3, line 23, after ("person") insert ("included in the collection and storage of financial information") 
19     Page 3, line 29, at end insert--
        ("(6A)  No order under paragraph (a) of subsection (6) above shall be made for the purpose of obtaining information from any person to whom that information has been supplied by the person who is the subject of the inquiry for the purpose of seeking advice or professional assistance.")
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
20     Page 3, line 42, leave out ("and") 
21     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
 
22     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
 
23     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.") 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
24     Page 7, line 38, at end insert--
    ("(  )  any local authority")
 
  
BY THE BARONESS NOAKES
 
25     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
 
26     Page 8, line 17, at end insert--
 
    ("(  )  The cost of complying with duties under this section shall be met by monies provided by Parliament.")
 
  
Clause 5
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
27     Page 10, line 11, at end insert--
 
    ("(2)  Any directions given by the Secretary of State under this section shall include such directions which place a duty on authorities to which this section applies to adopt a code of practice as the Secretary of State shall from time to time provide.")
 
28     Leave out Clause 5 
  
Clause 6
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
29     Page 10, line 42, at end insert ("provided always that no such reduction shall exceed 10 per cent.") 
30     Page 10, line 49, at end insert ("provided always that no such reduction shall exceed the rate of 10 per cent.") 
31     Page 11, line 39, leave out ("(subject to any regulations under section 9(1))") 
32     Page 12, line 5, leave out ("and to any regulations under section 9(1)") 
33     Page 12, line 22, leave out from second ("references") to ("to") in line 24 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
34     Page 12, line 24, after ("discharge") insert ("or a court in Scotland makes a probation order") 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
35     Leave out Clause 6 
 
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Prepared 26 February 2001