Legislation – Public Authorities (Fraud, Error and Recovery) Act 2025

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Part 2Social security etc

Chapter 2Powers of entry, search and seizure etc

86Incidents etc in England and Wales

(1)

Part 2 of the Police Reform Act 2002 (complaints and misconduct) is amended as follows.

(2)

In section 10 (general functions of the Director General of the Independent Office for Police Conduct)—

(a)

in subsection (1), at the end of paragraph (gc) (inserted by section 9(2)(a) of this Act) insert “; and

(gd)

to carry out such corresponding functions in relation to DWP investigators acting in the exercise of functions conferred on them by section 109D of the Social Security Administration Act 1992 (Police and Criminal Evidence Act 1984 powers for DWP investigators).”,

(b)

in subsection (3), after paragraph (bf) (inserted by section 9(2)(b) of this Act) insert—

“(bg)

any regulations under section 26H of this Act (DWP investigators);”, and

(c)

after subsection (7A) (inserted by section 9(2)(c) of this Act insert—

“(7B)

In this section, “DWP investigators” means authorised investigators within the meaning given by section 109D of the Social Security Administration Act 1992.”

(3)

After section 26G (inserted by section 9 of this Act) insert—

“26HDWP investigators

(1)

The Secretary of State may make regulations conferring functions on the Director General in relation to DWP investigators acting in the exercise of functions conferred on them by section 109D of the Social Security Administration Act 1992 (Police and Criminal Evidence Act 1984 powers for DWP investigators).

(2)

Regulations under this section may, in particular—

(a)

apply (with or without modifications), or make provision similar to, any provision of or made under this Part;

(b)

make provision for payment by the Secretary of State to, or in respect of, the Office or in respect of the Director General.

(3)

The Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—

(a)

the Director General has functions by virtue of this section, and

(b)

the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.

(4)

The Secretary of State may disclose information to the Director General or to a person acting on the Director General’s behalf, for the purposes of the exercise, by the Director General or by any person acting on the Director General’s behalf, of a DWP complaints function.

(5)

The Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—

(a)

by virtue of this section, or

(b)

under the Parliamentary Commissioner Act 1967.

(6)

Regulations under this section may, in particular, make—

(a)

further provision about the disclosure of information under subsection (4) or (5);

(b)

provision about the further disclosure of information that has been so disclosed.

(7)

A disclosure of information authorised by or under this section does not breach—

(a)

any obligation of confidence owed by the person making the disclosure, or

(b)

any other restriction on the disclosure of information (however imposed).

(8)

No provision made by or under this section authorises a disclosure of information that is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(9)

In this section—

“DWP complaints function” means a function in relation to the exercise of functions conferred by section 109D of the Social Security Administration Act 1992;

“DWP investigator” means an authorised investigator within the meaning given by section 109D of that Act.”