Section 92 Independent reviewI1

In the Social Security Administration Act 1992, after section 109H (inserted by section 90 of this Act) insert—

“Independent review

109I

(1)

The Secretary of State must appoint an independent person to carry out reviews of the exercise of functions under sections 109A to 109H and Schedule 3ZD (“investigative functions”) by or on behalf of the Secretary of State.

(2)

After each review, the independent person must as soon as practicable—

(a)

prepare a report on the review, and

(b)

submit the report to the Secretary of State.

(3)

On receiving a report, the Secretary of State must—

(a)

publish it, and

(b)

lay a copy before Parliament.

(4)

Each review must consider the extent to which —

(a)

investigative functions have been exercised in compliance with the requirements of provisions mentioned in subsection (1), relevant codes of practice and relevant guidance, and

(b)

the exercise of those functions has been effective in meeting the purposes set out in section 109A(2).

(5)

Each report must contain any recommendations which the independent person considers appropriate in light of the review to which it relates.

(6)

In subsection (4)(a), “relevant codes of practice” and “relevant guidance” mean codes of practice and guidance to which the Secretary of State must have regard in exercising investigative functions.

Independent review: further provision

109J

(1)

The Secretary of State may give the independent person appointed under section 109I(1) directions as to the period to be covered by each review under section 109I.

(2)

The Secretary of State must consult the independent person before giving a direction under subsection (1).

(3)

The Secretary of State may disclose information to the independent person, or to a person acting on behalf of the independent person, for the purposes of reviews being carried out under section 109I.

(4)

Regulations may confer functions on a person for the purposes of securing compliance with section 109I.

(5)

The Secretary of State may comply with the duty in section 109I(1) by appointing different independent persons to carry out reviews in relation to the exercise of investigative functions—

(a)

in England and Wales, and

(b)

in Scotland.”