[115B Penalty as alternative to prosecution: colluding employers etc]

[115B  Penalty as alternative to prosecution: colluding employers etc]

[(1)     This section applies where it appears to the Secretary of State or an authority that administers housing benefit or council tax benefit

(a)     that there are grounds for instituting proceedings against any person (“the responsible person”) for an offence (whether or not under this Act) in respect of any conduct; and

(b)     that the conduct in respect of which there are grounds for instituting the proceedings is conduct falling within subsection (2) below.

(2)     Conduct in respect of which there appear to be grounds for instituting proceedings falls within this subsection if—

(a)     those proceedings would be for an offence under this Act in connection with an inquiry relating to the employment of relevant employees or of any one or more particular relevant employees; or

(b)     it is conduct which was such as to facilitate the commission of a benefit offence by a relevant employee (whether or not such an offence was in fact committed).

(3)     The Secretary of State or authority may give to the responsible person a written notice—

(a)     specifying or describing the conduct in question;

(b)

Powered by Lexis+®

Popular documents