Social Security Administration Act 1992 (c. 5)

(The document as of February, 2008)

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(6) Nothing in subsection (5) above authorises the recovery from any person of an amount in excess of the compensation payment by virtue of which this section applies to him (or, if there are two or more such payments which are connected, the aggregate amount of those payments).

(7) In subsections (5) and (6) above, "connected" means relating to the same victim and the same accident, injury or disease.

Miscellaneous

101 Persons in Northern Ireland

(1) Where, immediately before making a compensation payment to or in respect of a victim, the compensator--

(a) is not resident and does not have a place of business in Great Britain, but

(b) is resident or has a place of business in Northern Ireland,

this Part of this Act (other than this subsection and subsection (2) below) shall apply in relation to him as if at that time he were resident or had a place of business in the relevant part of Great Britain.

(2) Where, immediately before making a Northern Ireland compensation payment to or in respect of a Northern Ireland victim, a Northern Ireland compensator--

(a) is not resident and does not have a place of business in Northern Ireland, but

(b) is resident or has a place of business in any part of Great Britain,

the Northern Ireland provisions (other than subsection (1) above and this subsection) shall apply in relation to him as if at that time he were resident or had a place of business in Northern Ireland.

(3) Where an address in Northern Ireland is the first address notified in writing to the compensator by or on behalf of the victim as his residence (or, if the victim has died, by or on behalf of the intended recipient as the victim's last residence) then--

(a) the compensator shall apply, as a Northern Ireland compensator, for a Northern Ireland certificate in accordance with the Northern Ireland provisions (and shall not make any separate application for a certificate of total benefit under this Part);

(b) any Northern Ireland certificate which is issued to the compensator in relation to the victim and the accident, injury or disease in question--

(i) shall contain a statement that it is to be treated as including a certificate of total benefit so issued by the Secretary of State and that any relevant payment required to be made to him by reference thereto is to be paid to the Northern Ireland Department as his agent; and

(ii) shall be taken to include such a certificate of total benefit; and

(c) any payment made by the compensator to the Northern Ireland Department in pursuance of such a Northern Ireland certificate shall be applied--

(i) first towards discharging his liability under the Northern Ireland provisions; and

(ii) then, as respects any remaining balance, towards discharging his liability under this Part,

in respect of the relevant victim and that accident, injury or disease.

(4) Where an address in any part of Great Britain is the first address notified in writing to a Northern Ireland compensator by or on behalf of a Northern Ireland victim as his residence (or, if the Northern Ireland victim has died, by or on behalf of the Northern Ireland intended recipient as the Northern Ireland victim's last residence) then--

(a) the Northern Ireland compensator shall apply, as a compensator, for a certificate of total benefit in accordance with this Part of this Act (and shall not make any separate application for a Northern Ireland certificate under the Northern Ireland provisions);

(b) any certificate of total benefit which is issued to the Northern Ireland compensator in relation to the Northern Ireland victim and the accident, injury or disease in question--

(i) shall contain a statement that it is to be treated as including a Northern Ireland certificate so issued by the Northern Ireland Department and that any Northern Ireland relevant payment required to be made to that Department by reference thereto is to be paid to the Secretary of State as its agent; and

(ii) shall be taken to include such a Northern Ireland certificate; and

(c) any payment made by the Northern Ireland compensator to the Secretary of State in pursuance of such a certificate shall be applied--

(i) first towards discharging his liability under this Part of this Act; and

(ii) then, as respects any remaining balance, towards discharging his liability under the Northern Ireland provisions,

in respect of the relevant victim and that accident, injury or disease.

(5) For the purposes of subsection (1) above, "the relevant part of Great Britain", in relation to a compensator, means--

(a) if the compensator has been notified in writing--

(i) by or on behalf of the victim, or

(ii) if the victim has died, by or on behalf of the intended recipient,

that the victim is or was at any time resident at an address in any part of Great Britain, that part of Great Britain (or, if more than one such notification has been given, the part in which he was so notified that the victim was most recently so resident); or

(b) in any other case, such part of Great Britain as the Secretary of State may determine in accordance with regulations.

(6) In this section--

"Northern Ireland certificate" means a certificate of total benefit, within the meaning of the Northern Ireland provisions;
"Northern Ireland compensation payment" means a compensation payment, within the meaning of the Northern Ireland provisions, and includes a payment which would be such a payment if the person making it were resident or had a place of business in Northern Ireland;
"Northern Ireland compensator" means a compensator, within the meaning of the Northern Ireland provisions, and includes a person who would be such a compensator if he were resident or had a place of business in Northern Ireland;
"the Northern Ireland intended recipient" means the intended recipient, within the meaning of the Northern Ireland provisions, in relation to a Northern Ireland compensation payment;
"the Northern Ireland provisions" means--
(a)
any legislation corresponding to this Part (other than this section) and having effect in Northern Ireland; and
(b)
this section;
"Northern Ireland relevant payment" means a relevant payment within the meaning of the Northern Ireland provisions;
"Northern Ireland victim" means a person who is the victim, within the meaning of the Northern Ireland provisions, in relation to a Northern Ireland compensation payment;
"the relevant victim" means the person who is the victim or the Northern Ireland victim (or both), as the case may be.

102 Foreign compensators: duties of intended recipient

(1) Where, immediately before the making of the compensation payment, the compensator is not resident and does not have a place of business in any part of the United Kingdom, any deduction, payment or other thing which would, apart from this section, fall to be made or done under this Part of this Act by the compensator shall instead be made or done by the intended recipient and references to the compensator shall be construed accordingly.

(2) The Secretary of State may by regulations make such provision as he considers expedient for the purpose of modifying this Part of this Act in its application in such a case.

103 Interest on damages: reductions in respect of relevant payments

In assessing the amount of interest payable in respect of an award of damages, the amount of the award shall be treated as reduced by a sum equal to the amount of the relevant payment (if any) required to be made in connection with the payment of the damages and--

(a) in England and Wales, if both special and general damages are awarded, any such reductions shall be treated as made first against the special damages and then, as respects any remaining balance, against the general damages; and

(b) in Scotland, if damages are awarded both for patrimonial loss and for solatium, any such reductions shall be treated as made first against the damages for patrimonial loss and then, as respects any remaining balance, against the damages for solatium.

104 The Crown

This Part of this Act applies in relation to the making of a compensation payment by the Crown as it applies in relation to the making of a compensation payment by any other compensator.

Part V Income Support and the Duty to Maintain

105 Failure to maintain - general

(1) If--

(a) any person persistently refuses or neglects to maintain himself or any person whom he is liable to maintain; and

(b) in consequence of his refusal or neglect income support is paid to or in respect of him or such a person,

he shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine of an amount not exceeding level 4 on the standard scale or to both.

(2) For the purposes of subsection (1) above a person shall not be taken to refuse or neglect to maintain himself or any other person by reason only of anything done or omitted in furtherance of a trade dispute.

(3) Subsections (6) to (9) of section 78 above shall have effect for the purposes of this Part of this Act as they have effect for the purposes of that section.

106 Recovery of expenditure on benefit from person liable for maintenance

(1) Subject to the following provisions of this section, if income support is claimed by or in respect of a person whom another person is liable to maintain or paid to or in respect of such a person, the Secretary of State may make a complaint against the liable person to a magistrates' court for an order under this section.

(2) On the hearing of a complaint under this section the court shall have regard to all the circumstances and, in particular, to the income of the liable person, and may order him to pay such sum, weekly or otherwise, as it may consider appropriate, except that in a case falling within section 78(6)(c) above that sum shall not include any amount which is not attributable to income support (whether paid before or after the making of the order).

(3) In determining whether to order any payments to be made in respect of income support for any period before the complaint was made, or the amount of any such payments, the court shall disregard any amount by which the liable person's income exceeds the income which was his during that period.

(4) Any payments ordered to be made under this section shall be made--

(a) to the Secretary of State in so far as they are attributable to any income support (whether paid before or after the making of the order);

(b) to the person claiming income support or (if different) the dependant; or

(5) An order under this section shall be enforceable as a magistrates' court maintenance order within the meaning of section 150(1) of the [1980 c. 43.] Magistrates' Courts Act 1980.

(6) In the application of this section to Scotland, subsection (5) above shall be omitted and for the references to a complaint and to a magistrates' court there shall be substituted respectively references to an application and to the sheriff.

(7) On an application under subsection (1) above a court in Scotland may make a finding as to the parentage of a child for the purpose of establishing whether a person is, for the purposes of section 105 above and this section, liable to maintain him.

107 Recovery of expenditure on income support: additional amounts and transfer of orders

(1) In any case where--

(a) the claim for income support referred to in section 106(1) above is or was made by the parent of one or more children in respect of both himself and those children; and

(b) the other parent is liable to maintain those children but, by virtue of not being the claimant's husband or wife, is not liable to maintain the claimant,

the sum which the court may order that other parent to pay under subsection (2) of that section may include an amount, determined in accordance with regulations, in respect of any income support paid to or for the claimant by virtue of such provisions as may be prescribed.

(2) Where the sum which a court orders a person to pay under section 106 above includes by virtue of subsection (1) above an amount (in this section referred to as a "personal allowance element") in respect of income support by virtue of paragraph 1(2) of Schedule 2 to the [S.I. 1987/1967.] Income Support (General) Regulations 1987 (personal allowance for lone parent) the order shall separately identify the amount of the personal allowance element.

(3) In any case where--

(a) there is in force an order under subsection (2) of section 106 above made against a person ("the liable parent") who is the parent of one or more children, in respect of the other parent or the children; and

(b) payments under the order fall to be made to the Secretary of State by virtue of subsection (4)(a) of that section; and

the Secretary of State may, by giving notice in writing to the court which made the order and to the liable parent and the dependent parent, transfer to the dependent parent the right to receive the payments under the order, exclusive of any personal allowance element, and to exercise the relevant rights in relation to the order, except so far as relating to that element.

(4) Notice under subsection (3) above shall not be given (and if purportedly given, shall be of no effect) at a time when there is in force a maintenance order made against the liable parent--

(a) in favour of the dependent parent or one or more of the children; or

(b) in favour of some other person for the benefit of the dependent parent or one or more of the children;

and if such a maintenance order is made at any time after notice under that subsection has been given, the order under section 106(2) above shall cease to have effect.

(5) In any case where--

(a) notice is given to a magistrates' court under subsection (3) above,

(b) payments under the order are required to be made by any method of payment falling within section 59(6) of the [1980 c. 43.] Magistrates' Courts Act 1980 (standing order, etc.), and

(c) the clerk to the justices for the petty sessions area for which the court is acting decides that payment by that method is no longer possible,

the clerk shall amend the order to provide that payments under the order shall be made by the liable parent to the clerk.

(6) Except as provided by subsections (8) and (12) below, where the Secretary of State gives notice under subsection (3) above, he shall cease to be entitled--

(a) to receive any payment under the order in respect of any personal allowance element; or

(b) to exercise the relevant rights, so far as relating to any such element,

notwithstanding that the dependent parent does not become entitled to receive any payment in respect of that element or to exercise the relevant rights so far as so relating.

(7) If, in a case where the Secretary of State gives notice under subsection (3) above, a payment under the order is or has been made to him wholly or partly in respect of the whole or any part of the period beginning with the day on which the transfer takes effect and ending with the day on which the notice under subsection (3) above is given to the liable parent, the Secretary of State shall--

(a) repay to or for the liable parent so much of the payment as is referable to any personal allowance element in respect of that period or, as the case may be, the part of it in question; and

(b) pay to or for the dependent parent so much of any remaining balance of the payment as is referable to that period or part;

and a payment under paragraph (b) above shall be taken to discharge, to that extent, the liability of the liable parent to the dependent parent under the order in respect of that period or part.

(8) If, in a case where the Secretary of State has given notice under subsection (3) above, the dependent parent makes a further claim for income support, then--

(a) the Secretary of State may, by giving a further notice in writing to the court which made the order and to the liable parent and the dependent parent, transfer back from the dependent parent to himself the right to receive the payments and to exercise the relevant rights; and

(b) that transfer shall revive the Secretary of State's right to receive payment under the order in respect of any personal allowance element and to exercise the relevant rights so far as relating to any such element.

(9) Subject to subsections (10) and (11) below, in any case where--

(a) notice is given to a magistrates' court under subsection (8) above, and

(b) the method of payment under the order which subsists immediately before the day on which the transfer under subsection (8) above takes effect differs from the method of payment which subsisted immediately before the day on which the transfer under subsection (3) above (or, if there has been more than one such transfer, the last such transfer) took effect,

the clerk to the justices for the petty sessions area for which the court is acting shall amend the order by reinstating the method of payment under the order which subsisted immediately before the day on which the transfer under subsection (3) above (or, as the case may be, the last such transfer) took effect.

(10) The clerk shall not amend the order under subsection (9) above if the Secretary of State gives notice in writing to the clerk, on or before the day on which the notice under subsection (8) above is given, that the method of payment under the order which subsists immediately before the day on which the transfer under subsection (8) above takes effect is to continue.

(11) In any case where--

(a) notice is given to a magistrates' court under subsection (8) above,

(b) the method of payment under the order which subsisted immediately before the day on which the transfer under subsection (3) above (or, if there has been more than one such transfer, the last such transfer) took effect was any method of payment falling within section 59(6) of the [1980 c. 43.] Magistrates' Courts Act 1980 (standing order, etc.), and

the clerk shall amend the order to provide that payments under the order shall be made by the liable parent to the clerk.

(12) A transfer under subsection (3) or (8) above does not transfer or otherwise affect the right of any person--

(a) to receive a payment which fell due to him at a time before the transfer took effect; or

(b) to exercise the relevant rights in relation to any such payment;

and, where notice is given under subsection (3), subsection (6) above does not deprive the Secretary of State of his right to receive such a payment in respect of any personal allowance element or to exercise the relevant rights in relation to such a payment.

(13) For the purposes of this section--

(a) a transfer under subsection (3) above takes effect on the day on which the dependent parent ceases to be in receipt of income support in consequence of the cessation referred to in paragraph (c) of that subsection, and

(b) a transfer under subsection (8) above takes effect on--

(i) the first day in respect of which the dependent parent receives income support after the transfer under subsection (3) above took effect, or

(ii) such later day as may be specified for the purpose in the notice under subsection (8),

irrespective of the day on which notice under the subsection in question is given.

(14) Any notice required to be given to the liable parent under subsection (3) or (8) above shall be taken to have been given if it has been sent to his last known address.

(15) In this section--

"child" means a person under the age of 16, notwithstanding section 78(6)(d) above;
"court" shall be construed in accordance with section 106 above;
"maintenance order"--

(a) in England and Wales, means--

(i) any order for the making of periodical payments or for the payment of a lump sum which is, or has at any time been, a maintenance order within the meaning of the [1971 c. 32.] Attachment of Earnings Act 1971 ;

(ii) any order under Part III of the [1984 c. 42.] Matrimonial and Family Proceedings Act 1984 (overseas divorce) for the making of periodical payments or for the payment of a lump sum;

(b) in Scotland, has the meaning assigned by section 106 of the [1987 c. 18.] Debtors (Scotland) Act 1987, but disregarding paragraph (h) (alimentary bond or agreement);

"the relevant rights", in relation to an order under section 106(2) above, means the right to bring any proceedings, take any steps or do any other thing under or in relation to the order which the Secretary of State could have brought, taken or done apart from any transfer under this section.

108 Reduction of expenditure on income support: certain maintenance orders to be enforceable by the Secretary of State

(1) This section applies where--

(a) a person ("the claimant") who is the parent of one or more children is in receipt of income support either in respect of those children or in respect of both himself and those children; and

(b) there is in force a maintenance order made against the other parent ("the liable person")--

(i) in favour of the claimant or one or more of the children, or

(ii) in favour of some other person for the benefit of the claimant or one or more of the children;

and in this section "the primary recipient" means the person in whose favour that maintenance order was made.

(2) If, in a case where this section applies, the liable person fails to comply with any of the terms of the maintenance order--

(a) the Secretary of State may bring any proceedings or take any other steps to enforce the order that could have been brought or taken by or on behalf of the primary recipient; and

(b) any court before which proceedings are brought by the Secretary of State by virtue of paragraph (a) above shall have the same powers in connection with those proceedings as it would have had if they had been brought by the primary recipient.

(3) The Secretary of State's powers under this section are exercisable at his discretion and whether or not the primary recipient or any other person consents to their exercise; but any sums recovered by virtue of this section shall be payable to or for the primary recipient, as if the proceedings or steps in question had been brought or taken by him or on his behalf.

(4) The powers conferred on the Secretary of State by subsection (2)(a) above include power--

(a) to apply for the registration of the maintenance order under--

(i) section 17 of the [1950 c. 37.] Maintenance Orders Act 1950;

(ii) section 2 of the [1958 c. 39.] Maintenance Orders Act 1958; or

(iii) the [1982 c. 27.] Civil Jurisdiction and Judgments Act 1982; and

(b) to make an application under section 2 of the [1972 c. 18.] Maintenance Orders (Reciprocal Enforcement) Act 1972 (application for enforcement in reciprocating country).

(5) Where this section applies, the prescribed person shall in prescribed circumstances give the Secretary of State notice of any application--

(a) to alter, vary, suspend, discharge, revoke, revive or enforce the maintenance order in question; or

(b) to remit arrears under that maintenance order;

and the Secretary of State shall be entitled to appear and be heard on the application.

(6) Where, by virtue of this section, the Secretary of State commences any proceedings to enforce a maintenance order, he shall, in relation to those proceedings, be treated for the purposes of any enactment or instrument relating to maintenance orders as if he were a person entitled to payment under the maintenance order in question (but shall not thereby become entitled to any such payment).

(7) Where, in any proceedings under this section in England and Wales, the court makes an order for the whole or any part of the arrears due under the maintenance order in question to be paid as a lump sum, the Secretary of State shall inform the Legal Aid Board of the amount of that lump sum if he knows--

(a) that the primary recipient either--

(i) received legal aid under the [1974 c. 4.] Legal Aid Act 1974 in connection with the proceedings in which the maintenance order was made, or

(ii) was an assisted party, within the meaning of the [1988 c. 34.] Legal Aid Act 1988, in those proceedings; and

(b) that a sum remains unpaid on account of the contribution required of the primary recipient--

(i) under section 9 of the Legal Aid Act 1974 in respect of those proceedings, or

(ii) under section 16 of the Legal Aid Act 1988 in respect of the costs of his being represented under Part IV of that Act in those proceedings,

as the case may be.

(8) In this section "maintenance order" has the same meaning as it has in section 107 above but does not include any such order for the payment of a lump sum.

109 Diversion of arrested earnings to Secretary of State - Scotland

(1) Where in Scotland a creditor who is enforcing a maintenance order or alimentary bond or agreement by a current maintenance arrestment or a conjoined arrestment order is in receipt of income support, the creditor may in writing authorise the Secretary of State to receive any sums payable under the arrestment or order until the creditor ceases to be in receipt of income support or in writing withdraws the authorisation, whichever occurs first.

(2) On intimation by the Secretary of State--

(a) to the employer operating the current maintenance arrestment; or

(b) to the sheriff clerk operating the conjoined arrestment order;

of an authorisation under subsection (1) above, the employer or sheriff clerk shall, until notified by the Secretary of State that the authorisation has ceased to have effect, pay to the Secretary of State any sums which would otherwise be payable under the arrestment or order to the creditor.

Part VII Enforcement

Inspection and offences

110 Appointment and powers of inspectors

(1) For the purposes of the Acts to which this section applies the Secretary of State may appoint such inspectors, and pay to them such salaries or remuneration, as he may determine with the consent of the Treasury.

(2) An inspector appointed under this section shall, for the purposes of the execution of those Acts have the following powers--

(a) to enter at all reasonable times any premises liable to inspection under this section;

(b) to make such examination and inquiry as may be necessary--

(i) for ascertaining whether the provisions of the Acts are being, or have been, complied with in any such premises; or

(ii) for investigating the circumstances in which any accident, injury or disease which has given or may give rise to a claim for industrial injuries benefit, or for any benefit which is a relevant benefit, occurred or may have occurred, or was or may have been received or contracted;

(c) to examine, either alone or in the presence of any other person, as he thinks fit, in relation to any matters under the Acts on which he may reasonably require information, every person whom he finds in any such premises or whom he has reasonable cause to believe to be or to have been a person liable to pay--

(i) contributions under Part I of the Contributions and Benefits Act; or

(ii) a state scheme premium; or

(iii) a compensation payment or a relevant payment,

and to require every such person to be so examined;

(d) to exercise such other powers as may be necessary for carrying the Acts into effect.

(3) The premises liable to inspection under this section are any where an inspector has reasonable grounds for supposing that--

(a) any persons are employed; or

(b) there is being carried on any agency or other business for the introduction or supply to persons requiring them of persons available to do work or to perform services; or

(d) any person--

(i) who is the compensator in relation to any such accident, injury or disease as is referred to in subsection (2)(b)(ii) above; or

(ii) on whose behalf any such compensator has or may have made, or may make, a compensation payment,

carries on business or is to be found,

but do not include any private dwelling-house not used by, or by permission of, the occupier for the purposes of a trade or business.

(4) Every inspector shall be furnished with a certificate of his appointment, and on applying for admission to any premises for the purpose of the Acts shall, if so required, produce the certificate.

(5) Where any premises are liable to be inspected by an inspector or officer appointed or employed by, or are under the control of, some other government department, the Secretary of State may make arrangements with that department for any of the powers or duties of inspectors under this section to be carried out by an inspector or officer employed by that department.

(6) In accordance with this section, persons shall furnish to an inspector all such information, and produce for his inspection all such documents, as he may reasonably require for the purpose of ascertaining--

(a) whether--

(i) any contribution under Part I of the Contributions and Benefits Act; or

(ii) any state scheme premium; or

(iii) any compensation payment or relevant payment,

is or has been payable, or has been duly paid, by or in respect of any person; or

(b) whether benefit is or was payable to or in respect of any person.

(7) The following persons are under the duty imposed by subsection (6) above--

(a) the occupier of any premises liable to inspection under this section;

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

(c) any person carrying 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;

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

(e) any person who is or has been liable--

(i) to pay contributions or state scheme premiums; or

(ii) to make any compensation payment or relevant payment;

(f) the servants or agents of any such person as is specified in any of the preceding paragraphs,

but no one shall be required under this section to answer any questions or to give evidence tending to incriminate himself or, in the case of a person who is married, his or her spouse.

(8) This section applies to the following Acts--

(a) the [1973 c. 38.] Social Security Act 1973;

(b) the Contributions and Benefits Act;

(d) the Pensions Act; and

(e) Part I of the 1986 Act.

(9) In this section "relevant benefit" and "relevant payment" mean a relevant benefit and relevant payment within the meaning of Part IV of this Act.

111 Delay, obstruction etc. of inspector

(1) If a person--

(a) intentionally delays or obstructs an inspector in the exercise of any power under this Act; or

(b) refuses or neglects to answer any question or to furnish any information or to produce any document when required to do so under this Act,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) Where a person is convicted of an offence under subsection (1)(b) above and the refusal or neglect is continued by him after his conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £40 for each day on which it is continued.

112 False representations for obtaining benefit etc

(1) If a person for the purpose of obtaining any benefit or other payment under the legislation to which section 110 above applies whether for himself or some other person, or for any other purpose connected with that legislation--

(a) makes a statement or representation which he knows to be false; or

(b) produces or furnishes, or knowingly causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,

he shall be guilty of an offence.

(2) A person guilty of an offence under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding 3 months, or to both.

113 Breach of regulations

Regulations and schemes under any of the Acts to which section 110 above applies may provide for contravention of, or failure to comply with, any provision contained in regulations made under that Act to be an offence under that Act and for the recovery, on summary conviction of any such offence, of penalties not exceeding--

(a) for any one offence, level 3 on the standard scale; or

(b) for an offence of continuing any such contravention or failure after conviction, £40 for each day on which it is so continued.

114 Offences relating to contributions

(1) If a person fails to pay, at or within the time prescribed for the purpose, any contribution which he is liable under Part I of the Contributions and Benefits Act to pay, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) If a person fails to pay at or within the time prescribed for the purpose any sums which he is required by regulations made by virtue of paragraph 6 of Schedule 1 to the Contributions and Benefits Act to pay, he shall be liable to be proceeded against and punished under subsection (1) above without proof of his failure so to pay any particular contribution.

(3) Subsection (1) above does not apply to Class 4 contributions recoverable by the Inland Revenue.

(4) If a person--

(a) buys, sells or offers for sale, takes or gives in exchange, or pawns or takes in pawn a contribution card or a used contribution stamp; or

(b) affixes a used contribution stamp to a contribution card,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 3 months, or to both.

(5) In any proceedings under subsection (4) above with respect to used stamps a stamp shall be deemed to have been used if it has been affixed to a contribution card or cancelled or defaced in any way whatsoever and whether or not it has actually been used for the payment of a contribution.

(6) In this Act "contribution card" means any card issued under regulations for the purpose of payment of contributions by affixing stamps to it.

115 Offences by bodies corporate

(1) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) above applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Legal proceedings

116 Legal proceedings

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