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The Social Security (Miscellaneous Amendments No. 3) Regulations 2017

S.I. 2017/613 · Made 26 April 2017

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Social Security

Made 26th April 2017

Laid before Parliament 27th April 2017

Coming into force 18th May 2017

These Regulations are made by the Treasury in exercise of the powers conferred by sections 4A(1) and (3) to the Social Security Contributions and Benefits Act 1992f1 and sections 4A(1) and (3) to the Social Security Contributions and Benefits (Northern Ireland) Act 1992f2.

The Secretary of State concurs in relation to regulation 2 and the Department for Communitiesf3 concurs in relation to regulation 3.

Annotations to the whole text

Footnotes

f1

1992 c. 4. Section 4A was inserted by section 75 of the Welfare Reform and Pensions Act 1999 (c. 3) and amended by paragraphs 288 and 289 of Schedule 1 to the Income Tax Act 2007 (c. 3) and S.I. 2007/2071.

f2

1992 c. 7. Section 4A was inserted by section 76 of the Welfare Reform and Pensions Act 1999 (c. 33) and amended by paragraphs 291 and 292 of Schedule 1 to the Income Tax Act 2007 and S.I. 2003/1884.

f3

The functions of the Department of Health and Social Services for Northern Ireland under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) were transferred to the Department for Social Development by Article 8(b) of, and Part 2 of Schedule 6 to, the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. (NI) 1999 No 481). The Department for Social Development was subsequently renamed the Department for Communities, see section 1(7) of the Department Act (Northern Ireland) 2016 (c. 5 (N.I.)).

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Social Security Contributions (Intermediaries) Regulations 2000
  3. 3Amendment of the Social Security Contributions (Intermediaries) (Northern Ireland) Regulations 2000
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 3) Regulations 2017 and come into force on 18th May 2017.

2Amendment of the Social Security Contributions (Intermediaries) Regulations 2000

(1)

The Social Security Contributions (Intermediaries) Regulations 2000f1 are amended as follows.

(2)

For Regulation 3A (meaning of public authority) substitute—

“Meaning of public authority

3A.
(1)

In these Regulations “public authority” means—

(a)

a public authority as defined by the Freedom of Information Act 2000f2,

(b)

a Scottish public authority as defined by the Freedom of Information (Scotland) Act 2002f3,

(c)

the Corporate Officer of the House of Commons,

(d)

the Corporate Officer of the House of Lords,

(e)

the National Assembly for Wales Commission, or

(f)

the Northern Ireland Assembly Commission.

(2)

An authority within paragraph (1)(a) or (b) is a public authority for the purposes of these Regulations in relation to all its activities even if provisions of the Act mentioned in that paragraph do not apply to all information held by the authority.

(3)

Paragraph (1) is subject to paragraph (4).

(4)

A primary-healthcare provider is a public authority for the purposes of these Regulations only if the primary-healthcare provider—

(a)

has a registered patient list for the purposes of relevant medical-services regulations,

(b)

is within paragraph 43A in Part 3 of Schedule 1 to the Freedom of Information Act 2000f4 (providers of primary healthcare services in England and Wales) by reason of being a person providing primary dental services,

(c)

is within paragraph 51f5 in that Part of that Schedule (providers of healthcare services in Northern Ireland) by reason of being a person providing general dental services, or

(d)

is within paragraph 33 in Part 4 of Schedule 1 to the Freedom of Information (Scotland) Act 2002f6 (providers of healthcare services in Scotland) by reason of being a person providing general dental services.

(5)

In paragraph (4)—

  • “primary-healthcare provider” means an authority that is within paragraph (1)(a) or (b) only because it is within a relevant paragraph,

  • “relevant paragraph” means—

    1. (a)

      any of paragraphs 43A to 45A and 51 in Part 3 of Schedule 1 to the Freedom of Information Act 2000f7, or

    2. (b)

      any of paragraphs 33 to 35 in Part 4 of Schedule 1 to the Freedom of Information (Scotland) Act 2002f8, and

  • “relevant medical-services regulations” means any of the following—

    1. (a)

      the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations 2004f9,

    2. (b)

      the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Wales) Regulations 2004f10,

    3. (c)

      the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Scotland) Regulations 2004f11, and

    4. (d)

      the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations (Northern Ireland) 2004f12.”.

3Amendment of the Social Security Contributions (Intermediaries) (Northern Ireland) Regulations 2000

(1)

The Social Security Contributions (Intermediaries) (Northern Ireland) Regulations 2000f1 are amended as follows.

(2)

For Regulation 3A (meaning of public authority) substitute—

“Meaning of public authority

3A.
(1)

In these Regulations “public authority” means—

(a)

a public authority as defined by the Freedom of Information Act 2000f2,

(b)

a Scottish public authority as defined by the Freedom of Information (Scotland) Act 2002f3,

(c)

the Corporate Officer of the House of Commons,

(d)

the Corporate Officer of the House of Lords,

(e)

the National Assembly for Wales Commission, or

(f)

the Northern Ireland Assembly Commission.

(2)

An authority within paragraph (1)(a) or (b) is a public authority for the purposes of these Regulations in relation to all its activities even if provisions of the Act mentioned in that paragraph do not apply to all information held by the authority.

(3)

Paragraph (1) is subject to paragraph (4).

(4)

A primary-healthcare provider is a public authority for the purposes of these Regulations only if the primary-healthcare provider—

(a)

has a registered patient list for the purposes of relevant medical-services regulations,

(b)

is within paragraph 43A in Part 3 of Schedule 1 to the Freedom of Information Act 2000f4 (providers of primary healthcare services in England and Wales) by reason of being a person providing primary dental services,

(c)

is within paragraph 51f5 in that Part of that Schedule (providers of healthcare services in Northern Ireland) by reason of being a person providing general dental services, or

(d)

is within paragraph 33 in Part 4 of Schedule 1 to the Freedom of Information (Scotland) Act 2002f6 (providers of healthcare services in Scotland) by reason of being a person providing general dental services.

(5)

In paragraph (4)—

  • “primary-healthcare provider” means an authority that is within paragraph (1)(a) or (b) only because it is within a relevant paragraph,

  • “relevant paragraph” means—

    1. (a)

      any of paragraphs 43A to 45Af7 and 51 in Part 3 of Schedule 1 to the Freedom of Information Act 2000, or

    2. (b)

      any of paragraphs 33 to 35 in Part 4 of Schedule 1 to the Freedom of Information (Scotland) Act 2002, and

  • “relevant medical-services regulations” means any of the following—

    1. (a)

      the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations 2004f8,

    2. (b)

      the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Wales) Regulations 2004f9,

    3. (c)

      the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Scotland) Regulations 2004f10, and

    4. (d)

      the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations (Northern Ireland) 2004f11.”.

Signature

Guto Bebb

Andrew Griffiths

Two of the Lords Commissioners of Her Majesty’s Treasury

26th April 2017

The Secretary of State concurs as indicated in the preamble.

Signed by authority of the Secretary of State for Work and Pensions

Richard Harrington

Parliamentary Under Secretary of State

Department of Works and Pensions

26th April 2017

The Department for Communities concurs as indicated in the preamble.

Sealed with the Official Seal of the Department for Communities on

L.S.

Anne McCleary

A senior officer of the Department for Communities

25th April 2017

Explanatory note

(This note is not part of the Regulations)

These Regulations replace the definition of “public authority” in Regulation 3A of the Social Security (Intermediaries) Regulations 2000 (S.I. 2000/727) and the Social Security (Intermediaries) (Northern Ireland) Regulations 2000 (S.I. 2000/728).

A Tax Information and Impact Note covering the changes made by these Regulations was published on 8th March 2017 and is available on the website at: https://www.gov.uk/government/collections/tax-information-and-impact-notes-tiins. It remains an accurate summary of the impacts that apply to this instrument.