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

S.I. 2017/613 · made 26 April 2017

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).

Made under: Social Security Contributions and Benefits Act 1992 (Section 4A); Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Section 4A)

PDFs: Printed copy https://openlegislation.uk/social-security-miscellaneous-amendments-no-3-regulations-2017/pdf/uksi_20170613_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/social-security-miscellaneous-amendments-no-3-regulations-2017/pdf/uksiem_20170613_en.pdf

## Introductory text

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 1992 and sections 4A(1) and (3) to the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
The Secretary of State concurs in relation to regulation 2 and the Department for Communities concurs in relation to regulation 3.

## 1 Citation 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.

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

(1) The Social Security Contributions (Intermediaries) Regulations 2000 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 2000,
(b) a Scottish public authority as defined by the Freedom of Information (Scotland) Act 2002,
(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 2000 (providers of primary healthcare services in England and Wales) by reason of being a person providing primary dental services,
(c) is within paragraph 51 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 2002 (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—
(a) any of paragraphs 43A to 45A and 51 in Part 3 of Schedule 1 to the Freedom of Information Act 2000, or
(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—
(a) the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations 2004,
(b) the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Wales) Regulations 2004,
(c) the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Scotland) Regulations 2004, and
(d) the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations (Northern Ireland) 2004.”.

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

(1) The Social Security Contributions (Intermediaries) (Northern Ireland) Regulations 2000 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 2000,
(b) a Scottish public authority as defined by the Freedom of Information (Scotland) Act 2002,
(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 2000 (providers of primary healthcare services in England and Wales) by reason of being a person providing primary dental services,
(c) is within paragraph 51 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 2002 (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—
(a) any of paragraphs 43A to 45A and 51 in Part 3 of Schedule 1 to the Freedom of Information Act 2000, or
(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—
(a) the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations 2004,
(b) the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Wales) Regulations 2004,
(c) the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Scotland) Regulations 2004, and
(d) the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations (Northern Ireland) 2004.”.

## 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.

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Source: https://www.legislation.gov.uk/uksi/2017/613 (the official version)
Page: https://openlegislation.uk/social-security-miscellaneous-amendments-no-3-regulations-2017
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

