Child Support, Pensions and Social Security Act 2000 (c. 19)

(The document as of February, 2008)

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(3) After that section there shall be inserted--

" 30A Accessibility of register of disqualified trustees

(1) The Authority shall make arrangements that secure that the disqualification register is open, during the normal working hours of the Authority, for inspection in person and without notice at--

(a) the principal office used by them for the carrying out of their functions under this Act; and

(b) such other offices (if any) of theirs as they consider to be places where it would be reasonable for a copy of the register to be kept open for inspection.

(2) If a request is made to the Authority--

(a) to state whether a particular person identified in the request is a person appearing in the disqualification register as disqualified in respect of a scheme specified in the request, or

(b) to state whether a particular person identified in the request is a person appearing in that register as disqualified in respect of all trust schemes,

it shall be the duty of the Authority promptly to comply with the request in such manner as they consider reasonable.

(3) The Authority may, in such manner as they think fit, publish a summary of the disqualification register if (subject to subsections (6) to (8)) the summary--

(a) contains all the information described in subsection (4);

(b) arranges that information in the manner described in subsection (5);

(c) does not (except by identifying a person as disqualified in respect of all trust schemes) identify any of the schemes in respect of which persons named in the summary are disqualified; and

(d) does not disclose any other information contained in the register.

(4) That information is--

(a) the full names and titles, so far as the Authority have a record of them, of all the persons appearing in the register as persons who are disqualified;

(b) the dates of birth of such of those persons as are persons whose dates of birth are matters of which the Authority have a record; and

(c) in the case of each person whose name is included in the published summary, whether that person appears in the register--

(i) as disqualified in respect of only one scheme;

(ii) as disqualified in respect of two or more schemes but not in respect of all trust schemes; or

(iii) as disqualified in respect of all trust schemes.

(5) For the purposes of paragraph (c) of subsection (4), the information contained in the published summary must be arranged in three separate lists, one for each of the descriptions of disqualification specified in the three sub-paragraphs of that paragraph.

(6) The Authority shall ensure, in the case of any published summary, that a person is not identified in the summary as a disqualified person if it appears to them that the determination by virtue of which that person appears in the register--

(a) is the subject of any pending review, appeal or legal proceedings which could result in that person's removal from the register; or

(b) is a determination which might still become the subject of any such review, appeal or proceedings.

(7) The Authority shall ensure, in the case of any published summary, that the particulars relating to a person do not appear in a particular list mentioned in subsection (5) if it appears to them that a determination by virtue of which that person's particulars would appear in that list--

(a) is the subject of any pending review, appeal or legal proceedings which could result in such a revocation or other overturning of a disqualification of that person as would require his particulars to appear in a different list; or

(b) is a determination which might still become the subject of any such review, appeal or proceedings.

(8) Where subsection (7) prevents a person's particulars from being included in a particular list in the published summary, they shall be included, instead, in the list in which they would have been included if the disqualification to which the review, appeal or proceedings relate had already been revoked or otherwise overturned.

(9) For the purposes of this section a determination is one which might still become the subject of a review, appeal or proceedings if, and only if, in the case of that determination--

(a) the time for the making of an application for a review, or for the bringing of an appeal or other proceedings, has not expired; and

(b) there is a reasonable likelihood that such an application might yet be made, or that such an appeal or such proceedings might yet be brought.

(10) In this section--

• "the disqualification register" means the register kept by the Authority under section 30(7); and

• "name", in relation to a person any of whose names is recorded by the Authority as an initial, means that initial. "

Conditions of payment of surplus to employer

11 (1) Section 37 of the 1995 Act (payment of surplus to employer) shall be amended as follows.

(2) For paragraph (d) of subsection (4) (conditions of payment of surplus) there shall be substituted--

" (d) the annual rates of the pensions under the scheme are increased, at intervals of not more than twelve months, by at least the relevant percentage, " .

(3) After subsection (5) there shall be inserted--

" (5A) For the purposes of subsection (4)(d), the relevant percentage is the percentage which, for the purposes of the increases of the annual rates of the pensions under the scheme--

(a) falls to be computed by reference to a period which, except in the case of the first increase--

(i) begins with the end of the period by reference to which the last preceding increase was made; and

(ii) ends with a date which falls after the date of the last preceding increase;

and

(b) is equal to whichever is the lesser of--

(i) the percentage increase in the retail prices index over the period by reference to which the increase is made; and

(ii) the equivalent over that period of 5 per cent. per annum. "

(4) In subsection (6) (interpretation of section), for the words from the beginning to the end of paragraph (a) there shall be substituted--

" (6) In this section--

(a) "annual rate" has the same meaning as in section 54, and " .

(5) The preceding provisions of this paragraph have effect in relation to payments made to an employer at any time after the commencement of this paragraph.

Duties relating to statements of contributions

12 (1) In section 41 of the 1995 Act (provision of documents for members), for subsection (5) there shall be substituted--

" (5) Regulations may in the case of occupational pension schemes provide for--

(a) prescribed persons,

(b) persons with prescribed qualifications or experience, or

(c) persons approved by the Secretary of State,

to act for the purposes of subsection (2) instead of scheme auditors or actuaries.

(5A) Regulations may impose duties on the trustees or managers of an occupational pension scheme to disclose information to, and make documents available to, a person acting under subsection (5).

(5B) If any duty imposed under subsection (5A) is not complied with, sections 3 and 10 apply to any trustee, and section 10 applies to any manager, who has failed to take all such steps as are reasonable to secure compliance. "

(2) In section 49 of that Act, in subsection (9) (duties in event of employer's failure to pay contributions in prescribed period), after paragraph (b) there shall be inserted " ; and

(c) except in prescribed circumstances, any person acting instead of an auditor for the purposes of section 41(2)(b) in relation to the scheme must give notice of the failure, within the prescribed period, to the Authority. "

(3) In that section, there shall be inserted after subsection (10)--

" (10A) Section 10 applies to a person who fails to comply with subsection (9)(c). "

(4) In section 88 of that Act (payment schedule to money purchase schemes: supplementary), after subsection (4) there shall be inserted--

" (5) Except in prescribed circumstances, any person acting instead of an auditor for the purposes of section 41(2)(b) in relation to an occupational pension scheme to which section 87 applies must, where any amounts payable in accordance with the payment schedule have not been paid on or before the due date, give notice of that fact, within the prescribed period, to the Authority.

(6) Section 10 applies to a person so acting who fails to comply with subsection (5). "

Interpretation of Part I

13 In this Part of this Schedule--

• "the 1993 Act" means the [1993 c. 48.] Pension Schemes Act 1993; and

• "the 1995 Act" means the [1995 c. 26.] Pensions Act 1995.

Part II Alternative to anti-franking rules

Cases in which alternative applies

14 (1) Subject to the following provisions of this paragraph, this Part of this Schedule applies, instead of Chapter III of Part IV of the 1993 Act (anti-franking rules), in the case of a person ("the pensioner") who is entitled to benefits under any occupational pension scheme if the benefits to which he is entitled under the scheme include a guaranteed minimum pension.

(2) This Part of this Schedule does not apply in the pensioner's case, instead of Chapter III of Part IV of the 1993 Act, unless--

(a) the pensioner is a member of the scheme who, in relation to that scheme, left pensionable service after the coming into force of this Part of this Schedule;

(b) the pensioner is the widow or widower of a member of the scheme whose pensionable service ended (by death or otherwise) after the coming into force of this Part of this Schedule; or

(c) sub-paragraph (3) applies to the benefits to which the pensioner is entitled under the scheme.

(3) This sub-paragraph applies to the benefits to which the pensioner is entitled under the scheme if--

(a) the time at which the benefits first become payable is after the coming into force of this Part of this Schedule;

(b) the benefits do not first become payable in respect of the death of a member of the scheme to whom benefits had already become payable under the scheme before the coming into force of this Part of this Schedule; and

(c) the trustees or managers of the scheme have elected, in the prescribed manner, that this Part of this Schedule should apply to benefits first becoming payable under the scheme after the coming into force of this Part of this Schedule.

(4) This Part of this Schedule does not apply in the pensioner's case (and, accordingly, Chapter III of Part IV of the 1993 Act does) if the scheme is a scheme of a prescribed description, unless the trustees or managers of the scheme have elected, in the prescribed manner, that this Part of this Schedule should apply in the case of the scheme.

(5) An election for the purposes of any provision of this paragraph--

(a) shall not be exercisable differently in relation to different members of the scheme; and

(b) once exercised, shall be irrevocable.

Alternative rules

15 (1) Where this Part of this Schedule applies in the pensioner's case, the amount of the benefits to which he is entitled under the scheme shall not be less than the amount of the benefits to which he would have been entitled under the scheme if his entitlement fell to be calculated by the method set out in sub-paragraph (2).

(2) That method is as follows--

• Step 1: compute the amount of any benefits consisting in the guaranteed minimum pension to which the pensioner is entitled;

• Step 2: compute what would have been the amount of those benefits on the assumptions set out in sub-paragraph (3);

• Step 3: determine the extent (if any) to which attributing an amount of benefits equal to the amount computed in accordance with Step 2 to rights accruing before 6th April 1997 would leave any such rights unused;

• Step 4: compute, in accordance with sub-paragraph (4), the amount of such of the benefits to which the pensioner is entitled under the scheme as are attributable to rights accruing before 6th April 1997 (if any) which, applying the determination in Step 3, would be left unused after the attribution of the amount mentioned in that Step to rights so accruing;

• Step 5: compute the amount resulting, on the required assumption, from the application of the statutory revaluations and increases in the case of the benefits computed in accordance with Step 4;

• Step 6: compute, in accordance with sub-paragraph (4), the amount of such of the benefits to which the pensioner is entitled under the scheme as are attributable to rights accruing on or after 6th April 1997;

• Step 7: compute the amount resulting, on the required assumption, from the application of the statutory revaluations and increases in the case of the benefits computed in accordance with Step 6;

• Step 8: aggregate the results of Steps 1, 5 and 7 to give the minimum benefits required by sub-paragraph (1).

(3) The assumptions referred to in Step 2 in sub-paragraph (2) are--

(a) that no increases are required to be made in accordance with section 15 or 109 of the 1993 Act (deferment increases and indexation);

(b) that increases in accordance with section 16(1) of that Act (revaluation of earnings factors for early leavers) of any earner's earnings factors are to be calculated as if references to the final relevant year were references to whichever is the earlier of--

(i) the final relevant tax year; and

(ii) the tax year immediately preceding that in which the member in question left service that qualified him for salary-related benefits under the scheme; and

(c) that no increases in accordance with any provision included in the scheme by virtue of section 16(3) of that Act (increases of weekly equivalent for person leaving contracted-out service before final relevant year) are to be made for any year after the tax year immediately preceding that in which the member in question left service that qualified him for salary-related benefits under the scheme.

(4) For the purposes of Steps 4 and 6 in sub-paragraph (2)--

(a) if (apart from this sub-paragraph) there would be a difference between the two Steps in the level of salary taken as the level by reference to which any salary-related benefits are to be computed, the level used for Step 4 must be no lower than that used for Step 6; and

(b) statutory revaluations and increases shall not be attributed to rights accruing at any time.

(5) For the purposes of Steps 5 and 7 in sub-paragraph (2), the required assumption is that the benefits in whose case the statutory revaluations and increases are applied comprise a whole pension deriving from the rights to which they are taken to be attributable for the purposes of Step 4 or, as the case may be, Step 6.

(6) Subject to sub-paragraph (7), references in this paragraph to the statutory revaluations and increases are references to--

(a) the revaluations required to be made in accordance with Chapter II of Part IV of the 1993 Act (revaluation of accrued benefits); and

(b) the increases required to be made by virtue of section 51 of the 1995 Act (indexation).

(7) For the purpose of applying the statutory revaluations and increases for the purposes of Steps 5 and 7 in sub-paragraph (2)--

(a) money may be used in a way allowed by section 110(1) of the 1993 Act (use of money to pay guaranteed minimum pension increase for subsequent year); and

(b) any deductions authorised by section 53(1) or (2) of the 1995 Act (permitted deductions from statutory increases) may be made.

(8) In this paragraph "the pensioner" has the meaning given by paragraph 14.

(9) Any reference in this paragraph to a provision of the 1993 Act includes a reference to any enactment re-enacted in that provision.

Relationship between alternative rules and other rules

16 (1) Paragraph 15 shall not apply to benefits consisting in an alternative to a short service benefit provided for under section 73(2)(b) of the 1993 Act, except to the extent that--

(a) that paragraph would apply for the computation of the short service benefit to which those benefits are an alternative; and

(b) the amount of any of the alternative benefits falls to be computed wholly or partly by reference to the value of what would have been the short service benefit.

(2) Section 94 of the 1993 Act (right to cash equivalent) shall have effect as if the provisions of this Part of this Schedule were included for the purposes of that section in the applicable rules.

(3) Subject to sub-paragraph (4), the preceding provisions of this Part of this Schedule override any provision of an occupational pension scheme with which they are inconsistent except a provision which, under subsection (3) of section 129 of the 1993 Act, is a protected provision for the purposes of subsection (2) of that section.

(4) The preceding provisions of this Part of this Schedule shall be without prejudice to any person's entitlement to exercise--

(a) any right of commutation, forfeiture or surrender of the whole or any part of any benefits computed in accordance with this Part of this Schedule;

(b) any charge or lien on the whole or any part of any such benefits; or

(c) any right of set-off against the whole or any part of any such benefits;

and, accordingly, the computations to be done under paragraph 15 shall be done disregarding anything falling within any of paragraphs (a) to (c).

Supplemental

17 (1) In this Part of this Schedule references to rights accruing to a member of a scheme before 6th April 1997 include references--

(a) in relation to salary-related benefits, to rights accruing at any time in respect of service before that date; and

(b) in relation to benefits of any description, to rights that derive from any transfer of accrued rights or transfer payment and represent rights accruing under any other scheme before that date;

and a reference in this Part of this Schedule to rights accruing on or after that date shall be construed accordingly.

(2) For the purposes of this Part of this Schedule rights to money purchase benefits that are attributable to payments in respect of employment are rights accruing before 6th April 1997 in so far only as that employment was employment carried on before that date; and a reference in this Part of this Schedule to rights accruing on or after that date shall be construed accordingly.

(3) In this Part of this Schedule--

• "the 1993 Act" means the [1993 c. 48.] Pension Schemes Act 1993;

• "the 1995 Act" means the [1995 c. 26.] Pensions Act 1995; and

• "salary-related benefits" means benefits that are not money purchase benefits.

(4) Expressions defined for the purposes of the 1993 Act have the same meanings in this Part of this Schedule as they have in that Act.

(5) Any power of the Secretary of State to make regulations under this Part of this Schedule shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(6) The Secretary of State may by order make such modifications of paragraphs 14 to 16 as he considers appropriate.

(7) An order under sub-paragraph (6) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(8) Subsections (2) to (5) of section 182 of the 1993 Act (supplemental provision in connection with powers to make subordinate legislation under that Act) shall apply--

(a) to any power of the Secretary of State to make regulations under this Part of this Schedule, and

(b) to the power of the Secretary of State to make an order under sub-paragraph (6),

as they apply to his powers to make regulations and orders under that Act.

(9) In section 178(a) of the 1993 Act (regulations providing for who is to be treated as a manager of a scheme), for the words from "or Part III" to "1999" there shall be substituted ", Part III or IV of the [1999 c. 30.] Welfare Reform and Pensions Act 1999 or Part II of Schedule 5 to the [1999 c. 30.] Child Support, Pensions and Social Security Act 2000".

Section 67.

SCHEDULE 6 Social security investigation powers

Preliminary

1 Part VI of the [1992 c. 5.] Social Security Administration Act 1992 (enforcement) shall be amended as follows.

Replacement for inspector's powers

2 The following sections shall be substituted for section 110 (appointment and powers of inspectors)--

" 109A Authorisations for investigators

(1) An individual who for the time being has the Secretary of State's authorisation for the purposes of this Part shall be entitled, for any one or more of the purposes mentioned in subsection (2) below, to exercise any of the powers which are conferred on an authorised officer by sections 109B and 109C below.

(2) Those purposes are--

(a) ascertaining in relation to any case whether a benefit is or was payable in that case in accordance with any provision of the relevant social security legislation;

(b) investigating the circumstances in which any accident, injury or disease which has given rise, or may give rise, to a claim for--

(i) industrial injuries benefit, or

(ii) any benefit under any provision of the relevant social security legislation,

occurred or may have occurred, or was or may have been received or contracted;

(c) ascertaining whether provisions of the relevant social security legislation are being, have been or are likely to be contravened (whether by particular persons or more generally);

(d) preventing, detecting and securing evidence of the commission (whether by particular persons or more generally) of benefit offences.

(3) An individual has the Secretary of State's authorisation for the purposes of this Part if, and only if, the Secretary of State has granted him an authorisation for those purposes and he is--

(a) an official of a Government department;

(b) an individual employed by an authority administering housing benefit or council tax benefit;

(c) an individual employed by an authority or joint committee that carries out functions relating to housing benefit or council tax benefit on behalf of the authority administering that benefit; or

(d) an individual employed by a person authorised by or on behalf of any such authority or joint committee as is mentioned in paragraph (b) or (c) above to carry out functions relating to housing benefit or council tax benefit for that authority or committee.

(4) An authorisation granted for the purposes of this Part to an individual of any of the descriptions mentioned in subsection (3) above--

(a) must be contained in a certificate provided to that individual as evidence of his entitlement to exercise powers conferred by this Part;

(b) may contain provision as to the period for which the authorisation is to have effect; and

(c) may restrict the powers exercisable by virtue of the authorisation so as to prohibit their exercise except for particular purposes, in particular circumstances or in relation to particular benefits or particular provisions of the relevant social security legislation.

(5) An authorisation granted under this section may be withdrawn at any time by the Secretary of State.

(6) Where the Secretary of State grants an authorisation for the purposes of this Part to an individual employed by a local authority, or to an individual employed by a person who carries out functions relating to housing benefit or council tax benefit on behalf of a local authority--

(a) the Secretary of State and the local authority shall enter into such arrangements (if any) as they consider appropriate with respect to the carrying out of functions conferred on that individual by or in connection with the authorisation granted to him; and

(b) the Secretary of State may make to the local authority such payments (if any) as he thinks fit in respect of the carrying out by that individual of any such functions.

(7) The matters on which a person may be authorised to consider and report to the Secretary of State under section 139A below shall be taken to include the carrying out by any such individual as is mentioned in subsection (3)(b) to (d) above of any functions conferred on that individual by virtue of any grant by the Secretary of State of an authorisation for the purposes of this Part.

(8) The powers conferred by sections 109B and 109C below shall be exercisable in relation to persons holding office under the Crown and persons in the service of the Crown, and in relation to premises owned or occupied by the Crown, as they are exercisable in relation to other persons and premises.

109B Power to require information

(1) An authorised officer who has reasonable grounds for suspecting that a person--

(a) is a person falling within subsection (2) below, and

(b) has or may have 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,

may, by written notice, require that person to provide all such information described in the notice as is information of which he has possession, or to which he has access, and which it is reasonable for the authorised officer to require for a purpose so mentioned.

(2) The persons who fall within this subsection are--

(a) any person who is or has been an employer or employee within the meaning of any provision made by or under the Contributions and Benefits Act;

(b) any person who is or has been a self-employed earner within the meaning of any such provision;

(c) any person who by virtue of any provision made by or under that Act falls, or has fallen, to be treated for the purposes of any such provision as a person within paragraph (a) or (b) above;

(d) any person who is carrying on, or has carried on, any business involving the supply of goods for sale to the ultimate consumers by individuals not carrying on retail businesses from retail premises;

(e) any person who is carrying on, or has carried on, any business involving the supply of goods or services by the use of work done or services performed by persons other than employees of his;

(f) any person who is carrying on, or has carried on, an agency or other business for the introduction or supply, to persons requiring them, of persons available to do work or to perform services;

(g) any local authority acting in their capacity as an authority responsible for the granting of any licence;

(h) any person who is or has been a trustee or manager of a personal or occupational pension scheme;

(i) any person who is or has been liable to make a compensation payment or a payment to the Secretary of State under section 6 of the [1997 c. 27.] Social Security (Recovery of Benefits) Act 1997 (payments in respect of recoverable benefits); and

(j) the servants and agents of any such person as is specified in any of paragraphs (a) to (i) above.

(3) The obligation of a person to provide information in accordance with a notice under this section shall be discharged only by the provision of that information, at such reasonable time and in such form as may be specified in the notice, to the authorised officer who--

(a) is identified by or in accordance with the terms of the notice; or

(b) has been identified, since the giving of the notice, by a further written notice given by the authorised officer who imposed the original requirement or another authorised officer.

(4) The power of an authorised officer under this section to require the provision of information shall include a power to require the production and delivery up and (if necessary) creation of, or of copies of or extracts from, any such documents containing the information as may be specified or described in the notice imposing the requirement.

(5) No one shall be required under this section to provide any information (whether in documentary form or otherwise) that tends to incriminate either himself or, in the case of a person who is married, his spouse.

109C Powers of entry

(1) An authorised officer shall be entitled, at any reasonable time and either alone or accompanied by such other persons as he thinks fit, to enter any premises which--

(a) are liable to inspection under this section; and

(b) are premises to which it is reasonable for him to require entry in order to exercise the powers conferred by this section.

(2) An authorised officer who has entered any premises liable to inspection under this section may--

(a) make such an examination of those premises, and

(b) conduct any such inquiry there,

as appears to him appropriate for any one or more of the purposes mentioned in section 109A(2) above.

(3) An authorised officer who has entered any premises liable to inspection under this section may--

(a) question any person whom he finds there;

(b) require any person whom he finds there to do any one or more of the following--

(i) to provide him with such information,

(ii) to produce and deliver up and (if necessary) create such documents or such copies of, or extracts from, documents,

as he may reasonably require for any one or more of the purposes mentioned in section 109A(2) above; and

(c) take possession of and either remove or make his own copies of any such documents as appear to him to contain information that is relevant for any of those purposes.

(4) The premises liable to inspection under this section are any premises (including premises consisting in the whole or a part of a dwelling house) which an authorised officer has reasonable grounds for suspecting are--

(a) premises which are a person's place of employment;

(b) premises from which a trade or business is being carried on or where documents relating to a trade or business are kept by the person carrying it on or by another person on his behalf;

(c) premises from which a personal or occupational pension scheme is being administered or where documents relating to the administration of such a scheme are kept by the person administering the scheme or by another person on his behalf;

(d) premises where a person who is the compensator in relation to any such accident, injury or disease as is referred to in section 109A(2)(b) above is to be found;

(e) premises where a person on whose behalf any such compensator has made, may have made or may make a compensation payment is to be found.

(5) An authorised officer applying for admission to any premises in accordance with this section shall, if required to do so, produce the certificate containing his authorisation for the purposes of this Part.

(6) Subsection (5) of section 109B applies for the purposes of this section as it applies for the purposes of that section. "

Exercise of powers on behalf of local authorities

3 For sections 110A and 110B (inspectors appointed by local authorities etc. for the purposes of housing benefit or council tax benefit), there shall be substituted--

" 110A Authorisations by local authorities

(1) An individual who for the time being has the authorisation for the purposes of this Part of an authority administering housing benefit or council tax benefit ("a local authority authorisation") shall be entitled, for any one or more of the purposes mentioned in subsection (2) below, to exercise any of the powers which, subject to subsection (8) below, are conferred on an authorised officer by sections 109B and 109C above.

(2) Those purposes are--

(a) ascertaining in relation to any case whether housing benefit or council tax benefit is or was payable in that case;

(b) ascertaining whether provisions of the relevant social security legislation that relate to housing benefit or council tax benefit are being, have been or are likely to be contravened (whether by particular persons or more generally);

(c) preventing, detecting and securing evidence of the commission (whether by particular persons or more generally) of benefit offences relating to housing benefit or council tax benefit.

(3) An individual has the authorisation for the purposes of this Part of an authority administering housing benefit or council tax benefit if, and only if, that authority have granted him an authorisation for those purposes and he is--

(a) an individual employed by that authority;

(b) an individual employed by another authority or joint committee that carries out functions relating to housing benefit or council tax benefit on behalf of that authority;

(c) an individual employed by a person authorised by or on behalf of--

(i) the authority in question,

(ii) any such authority or joint committee as is mentioned in paragraph (b) above,

to carry out functions relating to housing benefit or council tax benefit for that authority or committee;

(d) an official of a Government department.

(4) Subsection (4) of section 109A above shall apply in relation to a local authority authorisation as it applies in relation to an authorisation under that section.

(5) A local authority authorisation may be withdrawn at any time by the authority that granted it or by the Secretary of State.

(6) The certificate or other instrument containing the grant or withdrawal by any local authority of any local authority authorisation must be issued under the hand of either--

(a) the officer designated under section 4 of the [1989 c. 42.] Local Government and Housing Act 1989 as the head of the authority's paid service; or

(b) the officer who is the authority's chief finance officer (within the meaning of section 5 of that Act).

(7) It shall be the duty of any authority with power to grant local authority authorisations to comply with any directions of the Secretary of State as to--

(a) whether or not such authorisations are to be granted by that authority;

(b) the period for which authorisations granted by that authority are to have effect;

(c) the number of persons who may be granted authorisations by that authority at any one time; and

(d) the restrictions to be contained by virtue of subsection (4) above in the authorisations granted by that authority for those purposes.

(8) The powers conferred by sections 109B and 109C above shall have effect in the case of an individual who is an authorised officer by virtue of this section as if those sections had effect--

(a) with the substitution for every reference to the purposes mentioned in section 109A(2) above of a reference to the purposes mentioned in subsection (2) above; and

(b) with the substitution for every reference to the relevant social security legislation of a reference to so much of it as relates to housing benefit or council tax benefit.

(9) Nothing in this section conferring any power on an authorised officer in relation to housing benefit or council tax benefit shall require that power to be exercised only in relation to cases in which the authority administering the benefit is the authority by whom that officer's authorisation was granted. "

Consequential amendments

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