OpenLegislation

Section 116 Legal proceedingsC1C2

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Any person authorised by the Secretary of State in that behalf may conduct any proceedings F1under any provision of this Act other than section 114 or under any provision of F2the Jobseekers Act 1995 before a magistrates' court although not a barrister or solicitor.

(2)

Notwithstanding anything in any Act—

(a)

proceedings for an offence under this Act F3F4(other than proceedings to which paragraph (b) applies)F5, or for an offence under the Jobseekers Act 1995, may be begun at any time within the period of 3 months from the date on which evidence, sufficient in the opinion of the Secretary of State to justify a prosecution for the offence, comes to his knowledge or within a period of 12 months from the commission of the offence, whichever period last expires; F6and

(b)

proceedings F7brought by the appropriate authority for an offence under this Act relating to housing benefit or F8council tax benefit may be begun at any time within the period of 3 months from the date on which evidence, sufficient in the opinion of the appropriate authority to justify a prosecution for the offence, comes to the authority's knowledge or within a period of 12 months from the commission of the offence, whichever period last expires.

F9(2A)

Subsection (2) above shall not be taken to impose any restriction on the time when proceedings may be begun for an offence under section 111A above.

(3)

For the purposes of subsection (2) above—

(a)

a certificate purporting to be signed by or on behalf of the Secretary of State as to the date on which such evidence as is mentioned in paragraph (a) of that subsection came to his knowledge shall be conclusive evidence of that date; F10and

(b)

a certificate of the appropriate authority as to the date on which such evidence as is mentioned in paragraph (b) of that subsection came to the authority's knowledge shall be conclusive evidence of that date.

(4)

F11In subsections (2) and (3) above “the appropriate authority” means, in relation to an offence which relates to housing benefit and concerns any dwelling

F12(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

if it relates to a rent rebate, the authority who are the appropriate housing authority by virtue of F13section 134 below; and

(c)

if it relates to rent allowance, the authority who are the appropriate local authority by virtue of F14that section.

(5)

In subsection (2) and (3) above “the appropriate authority” means, in relation to an offence relating to F15council tax benefit, such authority as is prescribed in relation to the offence.

F16(5A)

F17In relation to proceedings for an offence under section 114 above, the references in subsections (2)(a) and (3)(a) to the Secretary of State shall have effect as references to the Inland Revenue.

F18(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

In the application of this section to Scotland, the following provisions shall have effect in substitution for subsections (1) F19to (5A) above—

(a)

proceedings for an offence under this Act F20or the Jobseekers Act 1995 may, notwithstanding anything in F21section 136 of the Criminal Procedure (Scotland) Act 1995, be commenced at any time within the period of 3 months from the date of which evidence, sufficient in the opinion of the Lord Advocate to justify proceedings, comes to his knowledge, or within the period of 12 months from the commission of the offence, whichever period last expires;

F22(aa)

this subsection shall not be taken to impose any restriction on the time when proceedings may be commenced for an offence under section 111A above;

(b)

for the purposes of this subsection—

(i)

a certificate purporting to be signed by or on behalf of the Lord Advocate as to the date on which such evidence as is mentioned above came to his knowledge shall be conclusive evidence of that date; and

(ii)

subsection (3) of F23section 136 of the said Act of 1995 (date of commencement of proceedings) shall have effect as it has effect for the purposes of that section.

Annotations

Textual amendments

F1

Words in s. 116(1) substituted (25.2.1999 for specified purposes, 1.4.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(2)(a), Sch. 1 para. 21(2); S.I. 1999/527, art. 2(b), Sch. 2

F2

Words in s. 116(1) substituted (11.6.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 56(2); S.I. 1996/1509, art. 2, Sch.

F3

Words in s. 116(2)(a) substituted (8.5.2012) by Welfare Reform Act 2012 (c. 5), ss. 111(a), 150(2)(e)

F4

Words in s. 116(2)(a) repealed (1.4.2013 in so far as relate to the abolition of council tax benefit) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)

F5

Words in s. 116(2)(a) substituted (11.6.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 56(3); S.I. 1996/1509, art. 2, Sch.

F6

S. 116(2)(b) and preceding word repealed (1.4.2013 in so far as relate to the abolition of council tax benefit) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)

F7

Words in s. 116(2)(b) inserted (8.5.2012) by Welfare Reform Act 2012 (c. 5), ss. 111(b), 150(2)(e)

F8

Words in s. 116(2) substituted (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 118(4), Sch. 9 para. 17(1)

F9

S. 116(2A) inserted (1.7.1997) by Social Security Administration (Fraud) Act 1997 (c. 47), s. 25(1), Sch. 1 para. 5; S.I. 1997/1577, art. 2, Sch.

F10

S. 116(3)(b) and preceding word repealed (1.4.2013 in so far as relate to the abolition of council tax benefit) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)

F11

S. 116(4)(5) repealed (1.4.2013 in so far as relate to the abolition of council tax benefit) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)

F12

S. 116(4)(a) omitted (1.4.1997) by virtue of Housing Act 1996 (c. 52), s. 232(3), Sch. 13 para. 3(3)(a); S.I. 1997/618, art. 2(1) (with Sch.)

F13

Words in s. 116(4)(b) substituted (1.4.1997) by Housing Act 1996 (c. 52), s. 232(3), Sch. 13 para. 3(3)(b); S.I. 1997/618, art. 2(1) (with Sch.)

F14

Words in s. 116(4)(c) substituted (1.4.1997) by Housing Act 1996 (c. 52), s. 232(3), Sch. 13 para. 3(3)(c); S.I. 1997/618, art. 2(1) (with Sch.)

F15

Words in s. 116(5) substituted (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 118(4), Sch. 9 para. 17(2)

F16

S. 116(5A) inserted (25.2.1999 for specified purposes, 1.4.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(2)(a), Sch. 1 para. 21(3); S.I. 1999/527, art. 2(b), Sch. 2

F17

Words in s. 116(5A) substituted (11.11.99) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(4)(d), Sch. 11 para. 5.

F18

S. 116(6) repealed (29.11.99) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 83, Sch. 8; S.I. 1999/3178, art. 2(1), Sch. 1

F19

Words in s. 116(7) substituted (25.2.1999 for specified purposes, 1.4.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(2)(a), Sch. 1 para. 21(4); S.I. 1999/527, art. 2(b), Sch. 2

F20

Words in s. 116(7)(a) inserted (11.6.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 56(4); S.I. 1996/1509, art. 2, Sch.

F21

Words in s. 116(7)(a) substituted (1.4.1996) by Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), s. 7(2), Sch. 4 para. 82(a)

F22

S. 116(7)(aa) inserted (30.4.2002) by Social Security Fraud Act 2001 (c. 11), ss. 17, 20(1); S.I. 2002/1222, art. 2(g)

F23

Words in s. 116(7)(b) substituted (1.4.1996) by Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), s. 7(2), Sch. 4 para. 82(b)

Modifications

C1

S. 116 applied (7.2.1994) by Pension Schemes Act 1993 (c. 48), s. 167(1)(2), 193(2); S.I. 1994/86, art. 2

C2

S. 116 applied in part (with modifications) by The Welfare Food Regulations 1996 (S.I. 1996/1434), regs. 1, 22(1), Sch. 6