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Part 1Functions exercisable on behalf of public authorities

Chapter 1Key concepts

1Core functions of the Minister for the Cabinet Office

(1)

The Minister for the Cabinet Office (“the Minister”) has the following functions (“the core functions”)—

(a)

investigating suspected fraud against public authorities,

(b)

recovering amounts mentioned in subsection (2),

(c)

taking enforcement action in connection with fraud against public authorities, and

(d)

providing support to public authorities in relation to preventing and tackling fraud against them.

(2)

The amounts are—

(a)

payments made as a result of fraud or error that—

(i)

the Minister has identified or confirmed during the course of an investigation in respect of suspected fraud against a public authority, and

(ii)

the public authority is entitled to recover,

(b)

any other amount that a public authority is entitled to recover in respect of fraud, and

(c)

any interest that a public authority is entitled to recover in respect of an amount within paragraph (a) or (b).

(3)

In this Part, amounts within subsection (2) are referred to as “recoverable amounts”.

2Interaction with other public authorities etc

(1)

The Minister may—

(a)

investigate or take enforcement action in respect of suspected fraud against another public authority, or

(b)

recover money on behalf of another public authority,

only at the request of that public authority or if the Minister considers that it is necessary in the public interest to do so.

(2)

The Minister may not act as mentioned in subsection (1) on behalf of, or in relation to—

(a)

the Secretary of State with responsibility for social security, or

(b)

His Majesty’s Revenue and Customs.

(3)

The Minister may charge another public authority a fee in relation to the exercise of functions under this Part on behalf of, or in relation to, the public authority.

(4)

References in this Part to any public authority include the Minister in any case relating to—

(a)

fraud or suspected fraud against the Minister, or

(b)

the recovery of money for the Minister.

(5)

Nothing in this Part affects—

(a)

whether a public authority is entitled to recover an amount, or

(b)

functions that a public authority has in respect of fraud and the recovery of money,

otherwise than by virtue of this Part.

Chapter 2Investigatory powers

Information

3Information notices

(1)

The Minister may require a person (“P”) to give specified information to the Minister where the Minister considers that—

(a)

it is necessary and proportionate to do so for the purpose of exercising the Minister’s functions under section 1(1)(a) to (c), and

(b)

the information relates to a person (whether or not P) whom the Minister has reasonable grounds to suspect has committed fraud against a public authority.

(2)

The power conferred by subsection (1) is to be exercised by giving P a notice (an “information notice”).

(3)

An information notice must identify (by name or description) the person suspected of having committed fraud as mentioned in subsection (1)(b).

(4)

An information notice must set out—

(a)

how, where and the period within which the information must be given to the Minister in order for the recipient of the notice to avoid being liable to a penalty under section 54;

(b)

information about the consequences of not complying with the notice.

(5)

The period mentioned in subsection (4)(a) must not be less than 10 working days beginning with the day after the day on which the information notice is given.

(6)

The power under this section to require P to give information to the Minister includes the power to—

(a)

take copies of or extracts from information;

(b)

require P to provide information in a specified form;

(c)

require P to retain information that P would not otherwise retain;

(d)

if any specified information is not given to the Minister, require P to state, to the best of P’s knowledge and belief, both where that information is and why it has not been given to the Minister.

(7)

An information notice under this section may not require the giving of—

(a)

journalistic material, or

(b)

excluded material,

within the meaning of the Police and Criminal Evidence Act 1984 (see sections 11 to 13 of that Act; see section 7(2)(b) of this Act for provision about production orders).

(8)

In this section, “specified” means—

(a)

specified, or described, in an information notice, or

(b)

falling within a category that is specified, or described, in an information notice.

4Reviews

(1)

A person to whom an information notice is given under section 3 may apply to the Minister for a review of the decision to give the notice.

(2)

An application under subsection (1) must be made within the period of 7 days beginning with the day after the day on which the notice is given.

(3)

Where an application is made under subsection (1), the Minister must review the decision to give the notice.

(4)

On the review, the Minister may—

(a)

revoke the notice,

(b)

uphold the notice, or

(c)

vary the notice.

(5)

After a review has been carried out, the Minister must—

(a)

notify the person who applied for the review of the outcome of the review, and

(b)

if the outcome was to vary the notice, give the person the varied notice.

(6)

Where an information notice is upheld or varied on a review, the period mentioned in section 3(4)(a) is to be treated as beginning on the day after the day on which the outcome of the review is notified to the person to whom the information notice was given.

(1)

A public authority may disclose information to the Minister for the purpose of facilitating the Minister’s exercise of the core functions.

(2)

The Minister may use information disclosed under subsection (1) only for the purpose of exercising the core functions.

(3)

The Minister may disclose information to another person for the purpose of exercising the core functions.

(4)

Where the Minister discloses information to a person under subsection (3), the person may not—

(a)

use it for any purpose other than the purpose for which it was disclosed, and

(b)

may not disclose it to any other person,

without the consent of the Minister.

6Amendment of the Investigatory Powers Act 2016

In the Investigatory Powers Act 2016, in Schedule 4 (relevant public authorities and designated senior officers etc), in the table in Part 1, before the entry for the Common Services Agency for the Scottish Health Service insert—

“Cabinet Office, so far as relating to the Public Sector Fraud Authority

60A(7)(b)”.

Powers of entry, search and seizure etc

7Police and Criminal Evidence Act 1984 etc powers

(1)

The provisions of the Police and Criminal Evidence Act 1984 listed in subsection (2) apply in relation to investigations of offences of fraud against a public authority that are conducted by authorised investigators in the exercise of the Minister’s function under section 1(1)(a) as they apply in relation to investigations of offences conducted by police officers, subject to the modifications in Schedule 1.

(2)

The provisions are—

(a)

section 8(1) to (5) (power of justice of the peace to authorise entry and search of premises);

(b)

section 9(1) and Schedule 1 (special provisions as to access);

(c)

section 15 (search warrants: safeguards);

(d)

section 16 (execution of warrants);

(e)

section 19 (general power of seizure etc);

(f)

section 20 (extension of powers of seizure to computerised information);

(g)

section 21 (access and copying);

(h)

section 22 (retention);

(i)

sections 10 to 14, 23 and 118 (interpretation provisions), so far as necessary for the application of the provisions mentioned in paragraphs (a) to (h).

(3)

An authorised investigator is an individual who is authorised by the Minister to exercise the powers conferred by this section.

(4)

An individual may not be an authorised investigator unless the individual—

(a)

is employed in the civil service of the state in the Minister’s department, and

(b)

is a higher executive officer or has a grade that is equivalent to, or higher than, that of a higher executive officer.

8Disposal of property

(1)

A magistrates’ court may, on an application by the Minister or a person with an interest in relevant property—

(a)

order the delivery of the relevant property to the person appearing to the court to be its owner, or

(b)

if its owner cannot be ascertained, make any other order about the relevant property.

(2)

An order under subsection (1)(a) may include provision for the Minister to make any changes to the relevant property that the court considers necessary for the purpose of avoiding or reducing any risk of the relevant property being used in the commission of an offence.

(3)

An order under subsection (1)(b) may not provide for the destruction or disposal of the relevant property before the end of the period of 6 months beginning with the day on which the order is made.

(4)

An order under subsection (1)(b) (“the first order”) does not prevent further applications being made for an order under subsection (1) in respect of the relevant property to which the first order applies.

(5)

Where an order is made following a further application—

(a)

the order may not provide for the destruction or disposal of the relevant property before the end of the period of 6 months beginning with the day on which the first order was made, but

(b)

the order may otherwise contain such provision as to the timing of the destruction or disposal of the relevant property as the court thinks fit.

(6)

In this section, “relevant property” means tangible property which has come into the possession of the Minister in the course of, or in connection with, the exercise of a function under this Part.

9Incidents etc

(1)

The Police Reform Act 2002 (complaints and misconduct) is amended as follows.

(2)

In section 10 (general functions of the Director General)—

(a)

in subsection (1), at the end of paragraph (gb) insert “, and

(gc)

to carry out such corresponding functions in relation to public sector fraud investigators acting in the exercise of functions conferred on them by section 7 of the Public Authorities (Fraud, Error and Recovery) Act 2025 (Police and Criminal Evidence Act 1984 powers for public sector fraud investigators).”,

(b)

in subsection (3), after paragraph (be) insert—

“(bf)

any regulations under section 26G of this Act (public sector fraud investigators);”, and

(c)

after subsection (7) insert—

“(7A)

In this section, “public sector fraud investigators” means authorised investigators within the meaning given by section 7 of the Public Authorities (Fraud, Error and Recovery) Act 2025.”

(3)

After section 26F insert—

“26GPublic sector fraud investigators

(1)

The Minister for the Cabinet Office (“the Minister”) may make regulations conferring functions on the Director General in relation to public sector fraud investigators acting in the exercise of functions conferred on them by section 7 of the Public Authorities (Fraud, Error and Recovery) Act 2025 (Police and Criminal Evidence Act 1984 powers for public sector fraud 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 Minister 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 Minister 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 public sector fraud 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—

“public sector fraud complaints function” means a function in relation to the exercise of functions conferred by section 7 of the Public Authorities (Fraud, Error and Recovery) Act 2025;

“public sector fraud investigator” means an authorised investigator within the meaning given by section 7 of that Act.”

(4)

In section 105 (powers of Secretary of State to make orders and regulations), after subsection (5) insert—

“(6)

In this section, references to the Secretary of State include references to the Minister for the Cabinet Office for the purposes of section 26G (power to make regulations about public sector fraud investigators).”

Chapter 3Rights to recover

Recovery of recoverable amounts

10Acting for another public authority

(1)

The Minister may act under this Part on behalf of another public authority in relation to the recovery of a recoverable amount, including by—

(a)

bringing or continuing proceedings in a court or tribunal for an amount (a “claimed amount”) which the Minister reasonably believes to be a recoverable amount, and

(b)

exercising the powers in Chapter 4 to recover a recoverable amount.

(2)

Where the Minister recovers an amount under this Part on behalf of another public authority, the Minister must transfer that amount to the public authority unless the public authority agrees that the Minister may retain some or all of the amount.

11Recovery notices

(1)

Before bringing proceedings in a court or tribunal for a claimed amount on behalf of another public authority, the Minister must give the person from whom the Minister reasonably believes the amount is recoverable (the “liable person”) a notice (a “recovery notice”).

(2)

A recovery notice must—

(a)

state that the Minister intends to bring proceedings for the claimed amount,

(b)

state the amount of the claimed amount,

(c)

provide the Minister’s reasons for believing that amount to be a recoverable amount,

(d)

invite the liable person to discharge the person’s liability in respect of the claimed amount by agreement with the Minister, and set out how this can be done,

(e)

set out the further action that may be taken by the Minister under this Part in respect of the claimed amount, including if the liable person’s liability for the amount is not settled by agreement, and

(f)

state a period during which the Minister will not bring proceedings for the claimed amount in order to give the liable person an opportunity to discharge their liability in respect of the claimed amount by agreement.

(3)

The period mentioned in subsection (2)(f) must not be less than 28 days beginning with the day after the day on which the recovery notice is given.

(4)

The giving of a recovery notice has effect as the bringing of an action for the recovery of a claimed amount for the purposes of any time limit that would apply in relation to that amount.

12Restriction on availability of powers: claimed amounts

The Minister may use the methods of recovery in Chapter 4 to recover a claimed amount from a liable person only so far as—

(a)

the liable person agrees, or

(b)

there has been a final determination by a court or tribunal,

that the amount is a recoverable amount.

Recovery of other amounts

13Penalties etc

(1)

The Minister may exercise the powers in Chapter 4 to recover amounts due in respect of—

(a)

a penalty under Chapter 5, and

(b)

relevant costs.

(2)

For the purposes of this Part, references to—

(a)

an “amount due in respect of a penalty under Chapter 5” include late payment interest due in respect of a penalty (see section 62), and

(b)

“relevant costs” are to—

(i)

costs that are awarded by a court or tribunal on or in relation to a claim for a recoverable amount, and

(ii)

costs that are reasonably incurred by the Minister in exercising the powers in Chapter 4.

14Restriction on availability of powers: penalties

The Minister may exercise the powers in Chapter 4 to recover an amount due in respect of a penalty only when—

(a)

the period for appealing mentioned in section 61(2)(a) has passed without an appeal being brought, or

(b)

any appeal against the penalty has been finally determined (see section 74(4)).

Chapter 4Methods of recovery

Introduction

15Payable amounts

In this Part, references to a “payable amount” are to—

(a)

a recoverable amount (see section 1(3)), or

(b)

an amount within section 13(1).

Recovery as if payable under a court order

16Recovery orders

(1)

The Minister may apply to the county court for a recovery order in respect of a payable amount.

(2)

A recovery order is an order providing that the payable amount is recoverable—

(a)

under section 85 of the County Courts Act 1984, or

(b)

otherwise as if it were payable under an order of the court.

Recovery from bank accounts etc

17Direct deduction orders

(1)

Where a payable amount is recoverable from a liable person who holds an account with a bank, the Minister may make an order (a “direct deduction order”) in respect of that account.

(2)

A direct deduction order must be given to the bank with which the account is held.

(3)

A direct deduction order may be—

(a)

a regular direct deduction order, or

(b)

a lump sum direct deduction order.

(4)

A regular direct deduction order is an order requiring the bank—

(a)

to make regular deductions from the liable person’s account, and

(b)

to pay the amounts deducted to the Minister.

(5)

A lump sum direct deduction order is an order requiring the bank—

(a)

to deduct from the liable person’s account an amount specified in the order, and

(b)

to pay that amount to the Minister.

(6)

The Minister may give a regular direct deduction order and a lump sum direct deduction order in respect of the same account.

(7)

The Minister must give a copy of a direct deduction order to—

(a)

the liable person, and

(b)

in the case of a joint account, each of the other account holders.

(8)

Sections 19 to 21 set out steps that the Minister must take before making a direct deduction order.

18Accounts which may be subject to a direct deduction order

(1)

The Minister may make a direct deduction order in respect of any account which—

(a)

is held by a liable person, and

(b)

contains an amount in which the Minister considers the liable person has a beneficial interest.

(2)

The Minister may make a direct deduction order in respect of a joint account only if the liable person does not hold a sole account in respect of which a deduction order may be made which would be likely to result in the recovery of the payable amount within a reasonable period of time.

(3)

But subsection (2) does not apply if all the joint account holders are liable persons in relation to the same payable amount.

19Requirement for banks to provide information

(1)

Before the Minister makes a direct deduction order in respect of a liable person’s account, the Minister must obtain and consider bank statements for the account covering a period of at least 3 months.

(2)

To obtain the statements, the Minister must give the bank with which the Minister believes the liable person holds the account a notice (an “account information notice”) requiring the bank to give the Minister statements for the account covering—

(a)

the 3 months immediately before the notice is given, or

(b)

such longer period, ending immediately before the notice is given, as may be specified in the notice.

(3)

An account information notice must—

(a)

contain the name of the liable person, and

(b)

identify the account (for example, by number and sort code).

(4)

The Minister may give an account information notice relating to an account only for the purpose of determining whether to make a direct deduction order in respect of the account.

(5)

At any time, for the purposes of determining whether to make a direct deduction order in relation to a liable person, the Minister may give a notice (a “general information notice”) to a bank requiring the bank to—

(a)

identify every account that the liable person holds with the bank,

(b)

for each identified account, give the Minister the following information—

(i)

a description of the type of account,

(ii)

identifiers for the account,

(iii)

if the account is a sole account, the balance of the account at the time that it is identified, and

(iv)

if the account is a joint account, the name of each other account holder, and

(c)

give the Minister—

(i)

the correspondence address that the bank holds for the liable person, and

(ii)

in the case of a joint account, the correspondence address that the bank holds for each other account holder.

(6)

The Minister may give—

(a)

more than one account information notice, or general information notice, in relation to the same payable amount;

(b)

more than one account information notice in respect of the same account.

(7)

A notice under this section must—

(a)

set out how and when the bank is to comply with the notice, and

(b)

explain that the bank may be liable to a penalty under section 54 if it fails to do so without reasonable excuse.

(8)

The bank must comply with a notice given under this section.

(9)

Subject to subsection (10), a bank that is given an account information notice, or a general information notice, must not notify any of the following people that the notice has been given—

(a)

the liable person;

(b)

any other holder of the account in respect of which an account information notice is given;

(c)

any other holder of an account identified in accordance with a general information notice.

(10)

The prohibition in subsection (9) ceases to apply—

(a)

at the end of the period of 3 months beginning with the day on which the account information notice or general information notice is given to the bank, or

(b)

if earlier, when the bank is given a notice under section 21(1).

(11)

Information given to the Minister in response to a notice under this section may be used by the Minister for the purpose of exercising the core functions but not for any other purpose.

20Joint accounts

(1)

Before making a direct deduction order in respect of a joint account, the Minister must make an assessment of the liable person’s beneficial interest in the amounts which are or may be in the account from time to time.

(2)

The Minister must presume that the liable person’s beneficial interest entitles them to the following share in the amounts which are or may be in the account from time to time—

\frac{1}{N}

where “N” is the number of account holders.

(3)

But the presumption does not apply where the Minister has reason to believe that the liable person’s beneficial interest is different from the presumed share.

(4)

In making an assessment under subsection (1), the Minister must have regard to—

(a)

the bank statements obtained for the account under section 19, and

(b)

any responses to a notice under section 21.

21Further requirements before making a direct deduction order

(1)

Before making a direct deduction order, the Minister must give the bank where the account in question is held, the liable person, and, in the case of a joint account, each of the other account holders, a notice—

(a)

identifying the account that would be subject to the proposed order,

(b)

stating the amount that would be recoverable under the proposed order,

(c)

setting out the terms of the proposed order, and

(d)

if the account is a joint account, setting out the Minister’s duty to make an assessment as to the liable person’s beneficial interest and the presumption that applies (see section 20).

(2)

The notice must invite the liable person and, in the case of a joint account, each other account holder—

(a)

to make representations about the terms of the proposed order, and

(b)

in the case of a joint account, to make representations about the liable person’s beneficial interest in amounts in the account.

(3)

The notice must set out the means by which, and the period within which, representations may be made.

(4)

The period must be at least 28 days beginning with the day after the day on which the notice is given.

(5)

The Minister must—

(a)

consider representations made in accordance with the notice, and

(b)

in light of any representations—

(i)

in the case of a joint account, make the assessment required under section 20(1), and

(ii)

in any case, decide whether, and in what terms, to make a direct deduction order in respect of the account.

(6)

A notice under subsection (1) may be given to the bank before it is given to the other persons to whom it is required to be given under that subsection (and for the effect of giving the notice to the bank see section 26 (restrictions on accounts: banks)).

(7)

Where a notice is given to the bank in reliance on subsection (6), the notice must be given to the other persons as soon as reasonably practicable after being given to the bank.

(8)

If, following the giving of a notice under this section, the Minister decides not to make a direct deduction order, the Minister must, as soon as reasonably practicable, notify the bank, the liable person and, in the case of a joint account, each of the other account holders, of the decision.

22Amount of deductions

(1)

The Minister may make a direct deduction order only if satisfied on the basis of information received by virtue of sections 19 and 21 that the terms of the order—

(a)

will not cause the liable person, any other account holder or a person within subsection (2) to suffer hardship in meeting essential living expenses, and

(b)

are otherwise fair in all the circumstances.

(2)

A person is within this subsection if—

(a)

they live with the liable person, or any other account holder, for some or all of the time, or

(b)

they are financially dependent on the liable person or any other account holder.

(3)

The total amount of deductions to be made under a regular direct deduction order in relation to any period of 28 days must not exceed—

(a)

in a case to which subsection (4) applies, 40% of the relevant amount, and

(b)

in any other case, 20% of the relevant amount.

(4)

This subsection applies in a case where the Minister is satisfied, on the balance of probabilities, that the payable amount to which the regular direct deduction order relates is recoverable from the liable person because the liable person committed fraud.

(5)

For the purposes of subsection (3), the “relevant amount” is the amount that the Minister reasonably expects to be credited to the account in question in (or in respect of) a typical month during the period for which the order will have effect, having regard to all statements given to the Minister in relation to the account (see sections 19(2) and 31(1)).

(6)

The Minister must ensure that the total amount to be deducted and paid to the Minister under a direct deduction order does not exceed the payable amount to which the order relates.

23Content and effect of direct deduction orders

(1)

A regular direct deduction order must specify—

(a)

the amounts to be deducted (see section 22),

(b)

when amounts are to be deducted and paid to the Minister, and

(c)

the penalties that may be imposed for a failure to comply (see section 54).

(2)

A regular direct deduction order may specify different amounts to be deducted at different times.

(3)

A lump sum direct deduction order must specify—

(a)

the amount to be deducted,

(b)

when the amount is to be deducted and paid to the Minister, and

(c)

the penalties that may be imposed for a failure to comply (see section 54).

(4)

A direct deduction order may not require an amount to be deducted from a person’s account before the end of the period of 28 days beginning with the day after the day on which the Minister complies with section 17(7).

(5)

A bank must comply with a direct deduction order.

(6)

If (apart from this subsection) a bank would be required to make a deduction and payment under a direct deduction order on a day that is not a working day, the obligation to make the deduction and payment applies in relation to the next working day after that day.

24Bank’s administrative costs

(1)

A direct deduction order may include provision for the bank to deduct from the liable person’s account an amount specified in, or calculated in accordance with, the order, for the purposes of meeting costs reasonably incurred by the bank in complying with the order.

(2)

A bank may deduct the costs to which they are entitled under a direct deduction order immediately prior to making the deduction which is to be paid to the Minister under the order.

(3)

In complying with section 22(1) and (3) in relation to a direct deduction order the Minister must take account of any deductions to be made under the order by virtue of provision under subsection (1).

25Insufficient funds

(1)

Where the amount in an account is lower than the amount to be deducted in accordance with a lump sum direct deduction order at the time that the bank is (apart from this subsection) required to make the deduction—

(a)

no deduction is to be made, and

(b)

the bank must notify the Minister as soon as possible.

(2)

Where the amount in an account is lower than the amount to be deducted in accordance with a regular direct deduction order at the time that the bank is (apart from this subsection) required to make the deduction—

(a)

the order is to be read as requiring the deduction and payment to the Minister to take place on the same day the following week, and

(b)

if, on that day, the amount in the account is lower than the amount to be deducted in accordance with the order—

(i)

no deduction is to be made, and

(ii)

the bank must notify the Minister as soon as possible.

(3)

References in this section to the amount to be deducted in accordance with a direct deduction order include any amounts to be deducted in respect of a bank’s costs by virtue of provision under section 24(1).

26Restrictions on accounts: banks

(1)

Where a notice under section 21(1) (a “pre-deduction notice”) relating to a proposed lump sum direct deduction order, or a lump sum direct deduction order under section 17, is given to a bank in relation to a liable person’s account, the bank must—

(a)

secure that no transaction takes place (except for any deduction under the order) which would result in the amount in the account falling below the specified amount, or, if the amount in the account is already below that amount, falling any further, or

(b)

take the action set out in subsection (2).

(2)

The action is to—

(a)

transfer the specified amount, or the amount in the account if that is less than the specified amount, from the account into a different account (a “hold account”) created by the bank for the sole purpose of holding that transferred amount, and

(b)

secure that no transaction takes place (except for any deduction under the order) which would result in the amount in the hold account falling below the amount transferred.

(3)

Where a bank takes the action set out in subsection (2) in relation to a lump sum direct deduction order, the order is to be read as if it required the deduction to be made from the hold account.

(4)

A bank must ensure that taking the action set out in subsection (2) does not cause any disadvantage to the liable person, and in the case of a joint account, any other account holder, that the liable person, and any other account holder, would not have experienced if the bank had instead acted in accordance with subsection (1)(a).

(5)

The requirements in subsection (1) cease to apply when—

(a)

in relation to a pre-deduction notice, a notice is given to the bank under section 21(8) (notice of decision not to make a direct deduction order), or a direct deduction order is given to the bank under section 17;

(b)

in relation to a direct deduction order—

(i)

all the deductions under the order have been made, or

(ii)

the order is revoked.

(6)

In subsections (1)(a) and (2)(a), “specified” means specified in a pre-deduction notice or direct deduction order.

27Restrictions on accounts: account holders

(1)

Where a notice under section 21(1) (a “pre-deduction notice”), or a copy of a direct deduction order under section 17, is given to a person (other than a bank) in relation to an account, they must not do anything to frustrate the effect of the pre-deduction notice or the direct deduction order.

(2)

The requirement in subsection (1) ceases to apply when—

(a)

in relation to a pre-deduction notice, a notice under section 21(8) (notice of decision not to make a direct deduction order), or a copy of a direct deduction order under section 17, is given to the person;

(b)

in relation to a direct deduction order—

(i)

all the deductions under the order have been made, or

(ii)

the order is revoked.

(3)

In subsection (1), the reference to frustrating the effect of a pre-deduction notice is a reference to frustrating the effect of the proposed direct deduction order the terms of which are set out in the notice.

28Applications to vary

(1)

Any holder of an account to which a direct deduction order applies may apply to the Minister to vary the order.

(2)

The Minister must give any other holders of the account an opportunity to make representations in relation to the application.

(3)

The Minister must notify the applicant and any other account holders of the Minister’s decision on the application.

29Variation

(1)

The Minister may vary a direct deduction order (whether on an application by an account holder or otherwise).

(2)

The provisions in this section apply in relation to any variation of a direct deduction order, including one that results from a review under section 34.

(3)

Where the Minister proposes to vary a direct deduction order other than under subsection (7), the Minister must give—

(a)

the liable person, and

(b)

in the case of a joint account, each of the other account holders,

an opportunity to make representations about the proposed variation.

(4)

The Minister may comply with subsection (3) at the same time as complying with section 28(2).

(5)

A variation to a direct deduction order takes effect when the Minister gives the varied order to the bank or, if later, in accordance with the terms of the order as varied.

(6)

The Minister must give a copy of the varied order to the liable person and, in the case of a joint account, each other account holder.

(7)

The Minister may vary a direct deduction order so that the order applies to another account held by the liable person (including an account provided by a different bank) only if—

(a)

the variation is requested by the liable person, and

(b)

if the other account is a joint account, each of the other account holders consents.

(8)

Where a direct deduction order is varied under subsection (7)—

(a)

if the order is varied so that it applies to an account provided by another bank—

(i)

the reference in subsection (5) to “the bank” is to the bank which provides that account, and

(ii)

the Minister must notify the bank given the original order of the effect of the variation, and

(b)

if the order is varied so that it applies to a joint account—

(i)

the requirement in subsection (6) is to give a copy of the order to each other holder of that joint account, and

(ii)

if the original order applied to a joint account, the Minister must notify each other holder of that joint account of the effect of the variation.

(9)

The steps set out in sections 19 to 21 do not apply to a decision to vary a direct deduction order.

30Revocation

(1)

The Minister may revoke a direct deduction order.

(2)

The Minister must revoke a direct deduction order as soon as reasonably practicable after becoming aware that—

(a)

the payable amount has been recovered (whether by the Minister or the public authority on behalf of which the Minister is acting), or

(b)

the liable person to whom the order relates has died.

(3)

Where the Minister revokes a direct deduction order, the Minister must give a notice of the revocation to—

(a)

the bank to which the order was given,

(b)

the liable person (apart from in a case within subsection (2)(b)), and

(c)

in the case of a joint account, each of the other account holders.

31Further information notices

(1)

For the purposes of determining whether to revoke or vary a direct deduction order, the Minister may give a bank a notice (a “further information notice”) requiring the bank—

(a)

to give the Minister statements for an account held by the liable person covering—

(i)

the 3 months immediately before the notice was given, or

(ii)

such longer period, ending immediately before the notice was given, as may be specified in the notice;

(b)

to take the steps set out in paragraphs (a) to (c) of section 19(5).

(2)

Subsections (6) to (8) and (11) of section 19 apply in relation to a further information notice as they apply in relation to a notice under that section.

(3)

Before giving a further information notice to a bank requiring statements to be given in respect of a joint account, the Minister must notify each account holder other than the liable person—

(a)

that the notice will be given, and

(b)

of the effect of the notice.

(4)

A further information notice may be given to the bank before, at the same time as or after the Minister complies with section 29(3).

32Suspension of direct deduction orders

(1)

The Minister may suspend and re-start the requirement to make deductions and payments under a regular direct deduction order at any time by notifying the bank to which the order was given.

(2)

The Minister must notify the liable person and, in the case of a joint account, each other account holder if the requirement is suspended or re-started under this section.

(3)

Where the requirement is suspended for a continuous period of 2 years the regular direct deduction order in question is to be treated as having been revoked at the end of that period.

(4)

Where a regular direct deduction order is treated as having been revoked by virtue of subsection (3), the Minister must give notice to that effect to—

(a)

the bank to which the order was given,

(b)

the liable person, and

(c)

in the case of a joint account, each of the other account holders.

(5)

Subsection (3) does not prevent the Minister making a further regular direct deduction order in respect of the same liable person and account.

33Cessation on death of liable person

A bank ceases to be subject to a direct deduction order on becoming aware of the liable person’s death.

34Reviews

(1)

This section applies where the Minister—

(a)

makes a direct deduction order,

(b)

varies a direct deduction order, or

(c)

decides not to vary a direct deduction order in response to an application under section 28.

(2)

Any of the following persons (“relevant persons”) may apply to the Minister for a review of the decision to make, to vary or not to vary the order—

(a)

the liable person to whom the order relates, and

(b)

in the case of a joint account, any other account holder.

(3)

An application under subsection (2) must be made before the end of the period of 28 days beginning with the day after the day on which the applicant was—

(a)

given a copy of the order or the order as varied, or

(b)

notified of the decision not to vary the order.

(4)

An application for a review under this section may not be made on, or include, any ground relating to the existence or amount of a payable amount (unless the amount is said to be incorrectly stated in the order).

(5)

Where an application for a review is made under this section, the Minister must review the decision in question.

(6)

On the review, the Minister may—

(a)

uphold the decision,

(b)

vary the order, or

(c)

revoke the order.

(7)

After a review has been carried out, the Minister must notify the applicant and other relevant persons of the outcome of the review.

(8)

See section 29 for provisions about varying a direct deduction order.

35Appeals

(1)

A relevant person may appeal to the First-tier Tribunal against—

(a)

the making of a direct deduction order,

(b)

the variation of a direct deduction order, or

(c)

a refusal to vary a direct deduction order after an application under section 28.

(2)

A relevant person may not appeal under subsection (1) in relation to a direct deduction order unless they have—

(a)

applied for a review of the decision to make, to vary or not to vary the order under section 34, and

(b)

been notified of the outcome of the review.

(3)

Subsection (2) does not apply where a direct deduction order is varied on a review under section 34.

(4)

A relevant person may not bring an appeal under subsection (1) after the end of—

(a)

the period of 28 days beginning with the day after the day on which the person was notified of the outcome of the review, or

(b)

such longer period (if any) as the Tribunal considers reasonable in all the circumstances.

(5)

An appeal under subsection (1) may not be brought on, or include, any ground relating to the existence or amount of a payable amount (unless the amount is said to be incorrectly stated in the order).

(6)

On an appeal under this section, the First-tier Tribunal may suspend the requirement on a bank to comply with a direct deduction order for some or all of the time until the appeal is finally determined.

(7)

On an appeal under subsection (1), the First-tier Tribunal may—

(a)

amend the direct deduction order;

(b)

revoke the direct deduction order;

(c)

dismiss the appeal.

(8)

In this section, “relevant person” has the meaning that it has in section 34.

36Meaning of “bank” etc

(1)

For the purposes of direct deduction orders, “bank” means a person who is authorised—

(a)

to accept deposits, or

(b)

to issue electronic money.

(2)

For the purposes of subsection (1)(a)—

(a)

the reference to accepting deposits is to carrying on the regulated activity of accepting deposits for the purposes of the Financial Services and Markets Act 2000 (see section 22 of that Act and article 5 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544)), and

(b)

a person is authorised to accept deposits if they are an authorised person or an exempt person in relation to the carrying on of that activity for the purposes of the Financial Services and Markets Act 2000.

(3)

For the purposes of subsection (1)(b), a person is authorised to issue electronic money if—

(a)

the person is an electronic money institution, and

(b)

the person is authorised or registered under Part 2 of the Electronic Money Regulations 2011 (S.I. 2011/99) in relation to carrying on the activity of issuing electronic money.

(4)

In subsection (3), “electronic money” and “electronic money institution” have the meanings given by regulation 2(1) of those Regulations (and references to the issue of electronic money are to be construed in accordance with those Regulations).

(5)

In this Part, references to an amount in an account are to an amount standing to the credit of the account.

(6)

In this Part, references to a person holding an account include references to—

(a)

a person holding an account jointly with one or more other persons,

(b)

a person being a signatory, or one of the signatories, to an account, and

(c)

an account being, in any other way, in the person’s name,

and “holder” is to be read accordingly.

37Deputies

(1)

This section applies where a person (a “deputy”) acts on behalf of an account holder (including a liable person) in relation to their account by virtue of—

(a)

a power of attorney, or

(b)

an appointment by, or an order of, a court.

(2)

The following provisions apply in relation to the deputy of the account holder as they apply in relation to the account holder—

(a)

(b)

(c)

(d)

(e)

(f)

section 29(3), (6) and (8)(b);

(g)

section 30(3);

(h)

section 31(3);

(i)

section 32(2) or (4);

(j)

section 34;

(k)

section 35.

(3)

Section 29(7)(a) and (b) applies in relation to the deputy of the account holder instead of the account holder.

(4)

Subsection (5) applies where—

(a)

a bank is given—

(i)

an account information notice or a general information notice under section 19,

(ii)

a notice under section 21,

(iii)

a further information notice under section 31, or

(iv)

a direct deduction order, and

(b)

a deputy acts on behalf of an account holder of an account to which the notice or order relates.

(5)

The bank must give the Minister the name and correspondence address that it holds for that deputy (unless the bank has already provided that information).

38Regulations

(1)

The Minister may by regulations make further provision about direct deduction orders.

(2)

Regulations under this section may, among other things, make provision about—

(a)

how notices and orders are to be given by the Minister;

(b)

how notices and information are to be given to the Minister;

(c)

the calculation of amounts to be deducted, including—

(i)

about establishing whether deductions would cause a person to suffer hardship in meeting essential living expenses, and

(ii)

about amounts which are, or are not, to be taken into account in calculating the amounts credited to an account for the purposes of section 22(3);

(d)

the duties of banks in relation to direct deduction orders, including before a direct deduction order is made;

(e)

costs which a bank may recover by virtue of section 24 or from the Minister;

(f)

the interaction between direct deduction orders under this Chapter and similar orders under any other enactment.

(3)

Regulations under this section may, among other things, apply sections 17 to 36, as they apply to banks, to other types of person who provide financial products or services (including products or services that operate by reference to cryptoassets or any similar product or service).

(4)

In subsection (3), “cryptoasset” has the meaning given in section 84A of the Proceeds of Crime Act 2002.

(5)

Before making relevant regulations in reliance on subsection (2)(a), (b), (d) or (e) the Minister must consult—

(a)

persons who appear to the Minister to represent the interests of banks, and

(b)

such other persons (if any) as the Minister considers appropriate.

(6)

Before making relevant regulations in reliance on subsection (3), the Minister must consult—

(a)

persons who appear to the Minister to represent the interests of persons to whom provisions about direct deduction orders would be applied by the regulations, and

(b)

such other persons (if any) as the Minister considers appropriate.

(7)

In this section, “relevant regulations” means—

(a)

the first regulations made in reliance on the provisions in question, and

(b)

any subsequent regulations made in reliance on those provisions which—

(i)

impose new duties on banks, or

(ii)

make changes to existing duties or provisions which, in the opinion of the Minister, are more than minor.

(8)

Regulations made in reliance on subsection (3) are subject to the affirmative procedure.

(9)

Any other regulations under this section are subject to the negative procedure.

Deduction from earnings

39Deduction from earnings orders

(1)

Where an amount is recoverable from a liable person who is employed, the Minister may make a deduction from earnings order.

(2)

A deduction from earnings order is an order requiring the liable person’s employer—

(a)

to make deductions from the liable person’s earnings from that employer, and

(b)

pay the amounts deducted to the Minister.

(3)

The Minister may by regulations make provision about the meaning of “earnings” for the purposes of deduction from earnings orders.

(4)

Regulations under this section are subject to the negative procedure.

40Content and effect of deduction from earnings orders

(1)

A deduction from earnings order must set out—

(a)

the amounts to be deducted or a method for calculating those amounts,

(b)

the periods in relation to which those amounts are to be deducted (the “affected periods”),

(c)

when amounts are to be deducted and paid to the Minister, and

(d)

the penalties that may be imposed for a failure to comply (see section 54).

(2)

The Minister must give—

(a)

the deduction from earnings order to the liable person’s employer, and

(b)

a copy of the order to the liable person.

(3)

A deduction from earnings order may not require an amount to be deducted from the liable person’s earnings before the end of the period of 22 days beginning with the day on which the order is given to the employer.

(4)

An employer must comply with a deduction from earnings order.

41Requirements before making a deduction from earnings order

(1)

Before making a deduction from earnings order in respect of a liable person, the Minister must give the liable person a notice inviting them to make representations about the proposed order.

(2)

The notice must include—

(a)

the terms of the proposed order,

(b)

a statement of the amount that is recoverable, and

(c)

the means by which, and the period within which, representations may be made.

(3)

The period must be at least 28 days beginning with the day after the day on which the notice is given.

(4)

The Minister must—

(a)

consider any representations received in accordance with the notice, and

(b)

in light of those representations—

(i)

decide whether to make a deduction from earnings order in respect of the liable person, and

(ii)

make any changes to the terms of the proposed order that the Minister considers appropriate.

(5)

The Minister must give a copy of a notice under subsection (1) to the liable person’s employer.

(6)

If, following the giving of a notice under subsection (1), the Minister decides not to make the proposed deduction from earnings order, the Minister must, as soon as reasonably practicable—

(a)

give the liable person a notice to that effect, and

(b)

give a copy of the notice to the liable person’s employer.

42Amount of deductions

(1)

The Minister may make a deduction from earnings order only if satisfied that the terms of the order—

(a)

will not cause the liable person or a person within subsection (2) to suffer hardship in meeting ordinary living expenses, and

(b)

are otherwise fair in all the circumstances.

(2)

A person is within this subsection if—

(a)

they live with the liable person for some or all of the time, or

(b)

they are financially dependent on the liable person.

(3)

The amount to be deducted in relation to an affected period must not exceed—

(a)

in a case to which subsection (4) applies, 40% of the liable person’s net earnings for the affected period, and

(b)

in any other case, 20% of the liable person’s net earnings for the affected period.

(4)

This subsection applies in a case where the Minister is satisfied, on the balance of probabilities, that the payable amount to which the deduction from earnings order relates is recoverable from the liable person because the liable person committed fraud.

(5)

The Minister must ensure that the total amount to be deducted and paid to the Minister under a deduction from earnings order does not exceed the payable amount to which the order relates.

(6)

The Minister may by regulations make further provision about the calculation of amounts to be deducted from a liable person’s earnings and paid to the Minister in accordance with a deduction from earnings order.

(7)

The regulations may, among other things, make provision about establishing whether deductions would cause a person to suffer hardship in meeting ordinary living expenses.

(8)

Regulations under this section are subject to the negative procedure.

(9)

In this section, “net earnings” means the person’s earnings after the following have been deducted—

(a)

income tax,

(b)

primary Class 1 national insurance contributions, and

(c)

any contribution that the person pays to a pension scheme.

43The employer’s administrative costs

(1)

A deduction from earnings order may include provision for the employer to which it is given to deduct from the liable person’s earnings an amount specified in, or calculated in accordance with, the order, for the purpose of meeting costs reasonably incurred by the employer in complying with the order.

(2)

In complying with section 42(1) and (3) in relation to a deduction from earnings order the Minister must take account of any deductions to be made under the order by virtue of subsection (1).

(3)

The Minister may by regulations make provision about costs to which subsection (1) relates.

(4)

Regulations under this section are subject to the negative procedure.

44Suspension of deduction from earnings orders

(1)

The Minister may suspend and re-start the requirement to make deductions and payments under a deduction from earnings order at any time by notifying the employer to which the order was given.

(2)

The Minister must notify the liable person if the requirement is suspended or re-started under this section.

(3)

Where the requirement is suspended for a continuous period of 2 years the deduction from earnings order in question is to be treated as having been revoked at the end of that period.

(4)

Where a deduction from earnings order is treated as having been revoked by virtue of subsection (3), the Minister must give notice to that effect to—

(a)

the liable person, and

(b)

the employer to which the order was given.

(5)

Subsection (3) does not prevent the Minister making a further deduction from earnings order in respect of the same liable person.

45Duty to notify the Minister of change of circumstances

(1)

A liable person in respect of whom a deduction from earnings order is in force, must notify the Minister on each occasion that they—

(a)

leave any employment, or

(b)

start a new employment,

within the period of 7 days beginning with the day after the day on which they leave or start the employment.

(2)

If the liable person notifies the Minister that they have started a new employment, they must include a statement of their expected earnings from their new employment.

(3)

A person who—

(a)

becomes the employer of a liable person, and

(b)

knows that a deduction from earnings order is in force in respect of the liable person,

must, within 10 days of the beginning of the liable person’s employment, notify the Minister that they have become the liable person’s employer and include a statement of the liable person’s expected earnings from the employment.

(4)

A person must notify the Minister if a liable person in respect of whom a deduction from earnings order is in force ceases to be in their employment.

(5)

The notification must be given within the period of 10 days beginning with the day after the day on which the liable person leaves the employment.

46Applications to vary

(1)

A liable person may apply to the Minister to vary a deduction from earnings order.

(2)

The Minister must notify the liable person of the Minister’s decision on the application.

47Variation

(1)

The Minister may vary a deduction from earnings order given to an employer (whether on an application by the liable person or otherwise) by—

(a)

giving a revised version of the order to the employer, and

(b)

giving a copy of the revised version to the liable person.

(2)

Where the Minister proposes to vary a deduction from earnings order, the Minister must give the liable person an opportunity to make representations about the proposed variation.

48Revocation

(1)

The Minister may revoke a deduction from earnings order.

(2)

The Minister must revoke a deduction from earnings order if the payable amount to which it relates has been recovered.

(3)

Where the Minister revokes a deduction from earnings order, the Minister must give notice of the revocation to—

(a)

the employer, and

(b)

the liable person.

49Reviews

(1)

This section applies where the Minister—

(a)

makes a deduction from earnings order,

(b)

varies a deduction from earnings order, or

(c)

decides not to vary a deduction from earnings order in response to an application under section 46.

(2)

A liable person may apply to the Minister for a review of the decision to make, to vary or not to vary the order.

(3)

An application under subsection (2) must be made within the period of 28 days beginning with the day after the day on which the liable person was—

(a)

given a copy of the order or the order as varied, or

(b)

notified of the decision not to vary the order.

(4)

An application for a review under subsection (1) may not be brought on, or include, any ground relating to the existence or amount of a payable amount (unless the amount is said to be incorrectly stated in the order).

(5)

Where an application is made under this section, the Minister must review the decision in question.

(6)

On a review, the Minister may—

(a)

uphold the decision,

(b)

vary the order, or

(c)

revoke the order.

(7)

After a review has been carried out, the Minister must—

(a)

notify the liable person of the outcome of the review, and

(b)

if the outcome was to vary the order, give—

(i)

the varied order to the liable person’s employer, and

(ii)

a copy of the varied order to the liable person.

50Appeals

(1)

A liable person may appeal to the First-tier Tribunal against—

(a)

the making of a deduction from earnings order,

(b)

the variation of a deduction from earnings order, or

(c)

a refusal to vary a deduction from earnings order after an application under section 46.

(2)

The liable person may not appeal under subsection (1) unless they have—

(a)

applied for a review of the decision to make, to vary or not to vary the order under section 49, and

(b)

been notified of the outcome of the review.

(3)

Subsection (2) does not apply where a deduction from earnings order is varied on a review under section 49.

(4)

An appeal may not be brought after the end of—

(a)

the period of 28 days beginning with the day after the day on which the liable person was notified of the outcome of the review, or

(b)

such longer period (if any) as the Tribunal considers reasonable in all the circumstances.

(5)

An appeal under subsection (1) may not be brought on, or include, any ground relating to the existence or amount of a payable amount (unless the amount is said to be incorrectly stated in the order).

(6)

On an appeal under this section, the First-tier Tribunal may suspend the requirement on an employer to comply with a deduction from earnings order for some or all of the time until the appeal is finally determined.

(7)

On an appeal under subsection (1), the First-tier Tribunal may—

(a)

amend the deduction from earnings order,

(b)

revoke the deduction from earnings order, or

(c)

dismiss the appeal.

Chapter 5Civil penalties

51Penalty relating to fraud

The Minister may impose a penalty on a person if satisfied, on the balance of probabilities, that the person has carried out, or conspired to carry out, fraud—

(a)

in order to receive or help another person to receive a payment that is or, if the payment was not made, would have been, a recoverable amount, or

(b)

with the result that a public authority is entitled to claim any other recoverable amount.

52Application to members etc of bodies

(1)

Subsection (2) applies where a body is liable to receive a penalty under section 51 by reason of anything which the Minister is satisfied, on the balance of probabilities, was done or not done with the consent or connivance of—

(a)

a relevant individual in relation to the body, or

(b)

an individual purporting to act in the capacity of a relevant individual in relation to the body.

(2)

The Minister may impose a penalty under section 51 on the individual as well as on the body.

(3)

In this section, “relevant individual” means—

(a)

in relation to a body corporate other than one whose affairs are managed by its members, a director, manager, secretary or other similar officer of the body;

(b)

in relation to a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it;

(c)

in relation to a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907);

(d)

in relation to any other partnership, a partner;

(e)

in relation to an unincorporated association, a person who exercises functions of management with respect to it.

53Amount of penalty relating to fraud

(1)

A penalty imposed on a person under section 51(a) may not exceed 100% of the payment to which it relates.

(2)

Where a penalty is imposed under section 51(a) in relation to conduct which does not result in a person receiving a payment, subsection (1) is to be read as if the reference to “the payment” were to the payment which, in the opinion of the Minister, a person would have received if a payment had been made in consequence of the conduct.

(3)

A penalty imposed on a person under section 51(b) may not exceed 100% of—

(a)

any loss caused to the public authority, or

(b)

if higher, the benefit gained by the person,

as a result of the fraud in question.

54Penalty for failing to comply with requirements

The Minister may impose a penalty on a person where the Minister considers that the person has, without reasonable excuse, failed to comply with—

(a)

a requirement imposed by or under Chapter 2 (investigatory powers), or

(b)

a requirement imposed by or under Chapter 4 (methods of recovery).

55Application to members etc of bodies

(1)

Subsection (2) applies where the Minister considers that—

(a)

a body has, without reasonable excuse, failed to comply with a requirement mentioned in section 54, and

(b)

a relevant individual in relation to the body has, without reasonable excuse, failed to prevent that failure.

(2)

The Minister may impose a penalty under section 54 on the individual as well as on the body.

(3)

In this section, “relevant individual” in relation to a body has the same meaning that it has in section 52.

56Amount of penalty for failing to comply with requirements

(1)

A penalty imposed for a failure to comply with a requirement to provide information imposed by or under Chapter 2 or Chapter 4 must be an amount calculated by reference to a daily rate of £300.

(2)

Any other penalty for a failure to comply with a requirement imposed by or under Chapter 2 or Chapter 4 must be a fixed amount of £300.

(3)

In this section, references to a “daily rate” in relation to a person’s failure to provide information are to an amount that may be imposed for each day by the end of which the information has not been provided, beginning with the last day on which compliance would have resulted in a penalty not being payable.

(4)

The Minister may by regulations amend the amounts mentioned in subsections (1) and (2) for the time being to reflect a change in the value of money.

(5)

Regulations under subsection (4) are subject to the negative procedure.

57Procedural rights

(1)

This section and sections 58 and 59 set out steps that must be taken before the Minister may impose a penalty on a person under section 51 or 54.

(2)

Where the Minister proposes that a person should be given a penalty under section 51 or 54, the Minister must give the person a notice (a “notice of intent”) inviting them to make representations about the proposed penalty.

(3)

The notice of intent must include—

(a)

the amount of the proposed penalty,

(b)

the reasons for the penalty being of that amount, and

(c)

the means by which, and the period within which, representations may be made.

(4)

The period must be at least 28 days beginning with the day after the day on which the notice is given.

(5)

The Minister must—

(a)

consider any representations received in accordance with the notice, and

(b)

in light of those representations—

(i)

decide whether to impose the penalty, and

(ii)

make any changes to the terms of the proposed penalty that the Minister considers appropriate.

(6)

Where the Minister decides not to impose a penalty on the person, the Minister must give the person a notice to that effect.

58Penalty decision notices

(1)

Where the Minister decides to impose a penalty on the person, the Minister must give the person a penalty decision notice.

(2)

A penalty decision notice is a notice—

(a)

informing the person of the decision that a penalty should be imposed on the person,

(b)

stating the amount of the penalty,

(c)

setting out the reasons for the penalty being of that amount,

(d)

explaining that the person can apply for a review of the decision within the period of 28 days beginning with the day after the day on which the decision notice is given, and

(e)

explaining that if the person does not seek a review within that period, the penalty notice will be given after the end of that period.

(3)

If a review of the decision is requested in accordance with the penalty decision notice, the penalty may not be imposed until after a review has been carried out.

(4)

If no such review is requested, the penalty may be imposed after the period mentioned in subsection (2)(d).

59Reviews and decisions

(1)

Where a review of the decision that a penalty should be imposed is requested following receipt of a penalty decision notice, the Minister must carry out a review of that decision.

(2)

On a review, the Minister may—

(a)

uphold the decision to impose the penalty and the amount of the penalty,

(b)

uphold the decision to impose the penalty but change its amount, or

(c)

cancel the decision to impose a penalty.

(3)

Where the Minister makes a decision within subsection (2)(a) or (b), the Minister must—

(a)

give the person a notice in accordance with section 60, and

(b)

inform the person of the right of appeal under section 61.

(4)

Where the Minister makes a decision within subsection (2)(c), the Minister must give the person a notice to that effect.

60Penalty notices

(1)

A penalty under section 51 or 54 is imposed by giving a person a notice (a “penalty notice”) requiring the person to pay a penalty of a specified amount to the Minister on or before a specified day.

(2)

A person may not be given more than one penalty notice in respect of the same act or omission.

(3)

Where a person is liable under section 54 to a penalty for a failure to provide information, and the penalty is calculated by reference to a daily rate, the failure to provide information by the end of each day in relation to which the daily rate accrues is to be treated as a separate omission for the purposes of subsection (2).

(4)

In this section, “specified” means specified in the penalty notice.

61Appeals

(1)

A person may appeal against a penalty notice to the appropriate court.

(2)

An appeal may not be brought after the end of—

(a)

the period of 28 days beginning with the day after the day on which the person is given the penalty notice, or

(b)

such longer period (if any) as the appropriate court considers reasonable in all the circumstances.

(3)

On an appeal under subsection (1), the appropriate court may—

(a)

uphold the penalty notice,

(b)

revoke the penalty notice, or

(c)

amend the penalty notice.

(4)

Subsection (5) applies where—

(a)

an appeal is against a penalty notice under section 51 (penalty relating to fraud), and

(b)

court proceedings other than an appeal against a penalty notice have reached a final determination, on at least the balance of probabilities, that the person to whom the notice was given—

(i)

carried out or conspired to carry out, or

(ii)

in a case to which section 52 applies, consented to or connived in the act or omission which constituted,

the fraud to which the penalty relates.

(5)

For the purposes of the appeal against a penalty notice, that final determination is determinative of the question whether the person carried out the fraud.

(6)

The Minister may by regulations make further provision about appeals against a penalty notice.

(7)

The regulations may, among other things, provide for appeals to be heard at the same time as proceedings mentioned in section 10(1)(a) (proceedings to recover a claimed amount).

(8)

Regulations under this section are subject to the negative procedure.

(9)

In this section, “the appropriate court” means—

(a)

the First-tier Tribunal, or

(b)

such other court or tribunal as may be specified in regulations under this section.

62Interest

(1)

An amount payable by a person in accordance with a penalty notice carries interest (“late payment interest”) for each day in the period beginning with the interest start day and ending with the day of payment.

(2)

The interest start day is the day after the specified day included in a penalty notice in accordance with section 60(1).

(3)

The late payment interest rate applicable to a day in the interest period is the percentage per year found by adding 2.5 to the Bank of England rate applicable to the day.

(4)

The Bank of England rate applicable to a day is the official bank rate announced by the Bank of England Monetary Policy Committee at its most recent meeting prior to the day.

(5)

Late payment interest is not payable on late payment interest.

63Code of practice

(1)

The Minister must issue a code of practice about the administration of penalties under section 51, including about the making of decisions about the imposition and amount of a penalty.

(2)

The code of practice must include provision about circumstances in which, and the extent to which, the Minister considers that it would be appropriate to discount the amount of a penalty as a result of cooperative conduct by the person on whom the penalty is imposed.

(3)

The Minister may from time to time revise and reissue the code of practice.

(4)

The Minister must lay the code of practice, or any reissued code of practice, before Parliament.

64Penalties and criminal proceedings or convictions

(1)

The Minister may not give a penalty notice to a person under section 51 in relation to an act or omission which constitutes an offence if the person has, in relation to that act or omission, been found guilty of that offence.

(2)

A person may not be found guilty of an offence in relation to an act or omission if the person has paid a penalty in response to a penalty notice given under section 60 in relation to that act or omission.

Chapter 6General

65Independent review

(1)

The Minister must appoint an independent person to carry out reviews of the exercise of the Minister’s functions under this Part.

(2)

After each review, the independent person must as soon as practicable—

(a)

prepare a report on the review, and

(b)

submit the report to the Minister.

(3)

On receiving a report, the Minister must—

(a)

publish it, and

(b)

lay a copy before Parliament.

(4)

Each review must consider the extent to which—

(a)

functions under this Part have been exercised in compliance with the requirements of this Part, relevant codes of practice and relevant guidance, and

(b)

the exercise of those functions has been effective in delivering the Minister’s functions under section 1(1)(a) to (c).

(5)

Each report must contain any recommendations which the independent person considers appropriate in light of the review to which it relates.

(6)

In subsection (4)(a), “relevant codes of practice” and “relevant guidance” mean codes of practice and guidance to which the Minister must have regard in exercising functions under this Part.

66Independent review: further provision

(1)

The Minister may give the independent person appointed under section 65(1) directions as to the period to be covered by each review carried out under section 65.

(2)

The Minister must consult the independent person before giving a direction under subsection (1).

(3)

The Minister must disclose information to the independent person, or to a person acting on behalf of the independent person, where the information is reasonably required for the purposes of reviews being carried out under section 65.

(4)

The Minister may by regulations confer functions on a person for the purposes of securing compliance with section 65.

(5)

Regulations under subsection (4) are subject to the negative procedure.

67Authorised officers

(1)

The following decisions, if not made by the Minister personally, may be made only by an individual authorised by the Minister for the purposes of this section (an “authorised officer”)—

(a)

deciding to give an information notice under section 3(2);

(b)

deciding to give a recovery notice under section 11(1);

(c)

deciding to make a direct deduction order under section 17(1);

(d)

deciding to vary a direct deduction order under section 29(1);

(e)

deciding to make a deduction from earnings order under section 39(1);

(f)

deciding to vary a deduction from earnings order under section 47;

(g)

deciding to give a notice of intent under section 57(2);

(h)

deciding to impose a penalty under section 51 or 54 (and to give a notice for that purpose under section 60).

(2)

Subsection (3) applies where—

(a)

the Minister is required by virtue of a provision of this Part to review a decision mentioned in subsection (1), and

(b)

the decision was made by an authorised officer.

(3)

The review must be carried out by—

(a)

an authorised officer of a higher grade than the authorised officer who made the decision, or

(b)

the Minister personally.

(4)

An individual may not be an authorised officer unless the individual is employed in the civil service of the state in the Minister’s department.

68Guidance on exercise of investigatory functions

(1)

The Minister must publish guidance about how the Minister will exercise the Minister’s function in section 1(1)(a) (investigating suspected fraud against public authorities).

(2)

The guidance must include guidance about—

(a)

how authorised investigators and authorised officers are to be appointed,

(b)

the training which individuals must undertake before being appointed as authorised investigators or authorised officers,

(c)

governance arrangements in relation to how authorised investigators and authorised officers are to exercise their functions for the purpose of the function in section 1(1)(a), and

(d)

how the Minister will work with an independent reviewer appointed under section 65.

(3)

The Minister may revise or replace guidance published under this section.

(4)

The Minister must publish any revised or replacement guidance.

(5)

The Minister must lay a copy of guidance published under this section (including revised or replacement guidance) before Parliament.

69Reports on exercise of functions

(1)

As soon as reasonably practicable after the end of each financial year, the Minister must prepare a report stating how many times the powers in subsection (3) were exercised in that financial year.

(2)

The Minister must—

(a)

publish each report, and

(b)

lay a copy of each report before Parliament.

(3)

The powers are—

(a)

the power to issue an information notice under section 3,

(b)

the power to apply for or execute a warrant under section 8(1) of the Police and Criminal Evidence Act 1984 (“the 1984 Act”) that is conferred by virtue of section 7,

(c)

the power to obtain access to material under section 9(1) of, and Schedule 1 to, the 1984 Act that is conferred by virtue of section 7,

(d)

the powers under section 19 of the 1984 Act (general power of seizure etc) that are conferred by virtue of section 7,

(e)

the power to apply for an order under section 8,

(f)

the power to give a recovery notice under section 11,

(g)

the power to apply for a recovery order under section 16,

(h)

the power to make a direct deduction order under section 17,

(i)

the power to make a deduction from earnings order under section 39, and

(j)

the power to impose a penalty under section 51.

(4)

“Financial year” means—

(a)

the period beginning with the day on which Part 1 of this Act comes fully into force and ending with the following 31 March (which is the first financial year), and

(b)

each subsequent period of 12 months beginning with 1 April.

(5)

Before acting under subsection (2) the Minister must exclude from the report any matter which the Minister thinks is likely to prejudice any—

(a)

criminal investigation,

(b)

other investigation,

(c)

criminal proceedings, or

(d)

civil proceedings.

(6)

If the Minister—

(a)

excludes any matter from the report in reliance on subsection (5), and

(b)

in a subsequent financial year thinks that the excluded matter is no longer likely to prejudice the investigation or proceedings concerned,

the Minister must include the matter in the report that relates to that subsequent financial year.

70Record of exercise of functions

(1)

An authorised investigator or authorised officer must keep a written record of each exercise of a power in subsection (3) by that investigator or officer.

(2)

The record relating to a particular exercise of a power must state—

(a)

the name of the authorised investigator or authorised officer,

(b)

the power which was exercised,

(c)

the date on which the power was exercised, and

(d)

the reason the power was exercised.

(3)

The powers are—

(a)

the power to issue an information notice under section 3,

(b)

the power to apply for or execute a warrant under section 8(1) of the Police and Criminal Evidence Act 1984 (“the 1984 Act”) that is conferred by virtue of section 7,

(c)

the power to obtain access to material under section 9(1) of, and Schedule 1 to, the 1984 Act that is conferred by virtue of section 7,

(d)

the powers under section 19 of the 1984 Act (general power of seizure etc) that are conferred by virtue of section 7,

(e)

the power to apply for an order under section 8,

(f)

the power to give a recovery notice under section 11,

(g)

the power to apply for a recovery order under section 16,

(h)

the power to make a direct deduction order under section 17,

(i)

the power to make a deduction from earnings order under section 39, and

(j)

the power to impose a penalty under section 51.

71Disclosure of information etc: interaction with external constraints

(1)

This section applies in relation to any provision for the disclosure or obtaining of information made by or under this Part.

(2)

The provision does not require or authorise any 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.

(3)

The disclosure of information in accordance with the provision (as read subject to subsection (2)) 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).

(4)

The provision does not require or authorise the disclosure or obtaining of information in respect of which a claim to legal professional privilege could be maintained in legal proceedings without the agreement of the person entitled to maintain that claim.

(5)

Subsection (4) does not apply in relation to the provisions of the Police and Criminal Evidence Act 1984 as applied by section 7.

72Crown etc application

(1)

Subject to the following provisions of this section, this Part binds the Crown and applies in relation to Crown premises as it applies in relation to any other premises.

(2)

In this section, “Crown premises” means premises held, or used by, or on behalf of the Crown.

(3)

Sections 16 to 38 (recovery orders and recovery from bank accounts) and Chapter 5 (penalties) do not bind the Crown.

(4)

If the Minister or the Secretary of State certifies that it appears appropriate in the interests of national security that powers of entry conferred by this Part should not be exercisable in relation to Crown premises specified in the certificate, those powers are not exercisable in relation to those premises.

(5)

No power of entry conferred by, or by virtue of, this Part may be exercised in relation to—

(a)

land belonging to His Majesty in right of His private estates, or

(b)

premises occupied for the purposes of either House of Parliament.

(6)

In subsection (5)(a), the reference to His Majesty’s private estates is to be read in accordance with section 1 of the Crown Private Estates Act 1862.

73Public Sector Fraud Authority and transfer of functions

Schedule 2 contains provision about—

(a)

the establishment of the Public Sector Fraud Authority (“the PSFA”), and

(b)

the transfer of functions conferred by or under this Part to the PSFA or to another public authority.

74Interpretation

(1)

In this Part—

“authorised officer” has the meaning given by section 67;

“bank” has the meaning given by section 36(1);

“claimed amount” has the meaning given by section 10(1)(a);

“the core functions” has the meaning given by section 1;

“direct deduction order” means a regular direct deduction order or a lump sum direct deduction order;

“fraud” includes—

(a)

the offences in sections 1 and 11 of the Fraud Act 2006 (fraud and obtaining services dishonestly),

(b)

the offences in sections 6 and 7 of that Act (possessing, making or supplying articles for use in frauds), and

(c)

the offence at common law of conspiracy to defraud;

“information” means information in the form of a document or in any other form;

“joint account” means an account held by more than one person;

“liable person” has the meaning given by section 11(1);

“lump sum direct deduction order” has the meaning given by section 17(5);

“the Minister” means the Minister for the Cabinet Office;

“payable amount” has the meaning given by section 15;

“public authority” means a person with functions of a public nature so far as acting in the exercise of those functions;

“recoverable amount” has the meaning given by section 1(3);

“regular direct deduction order” has the meaning given by section 17(4);

“sole account” means an account held by one person;

“suspected fraud” is conduct which the Minister has reasonable grounds to suspect may constitute fraud;

“working day” means any day other than—

(a)

Saturday or Sunday, or

(b)

a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

(2)

For the purposes of applying this Part in relation to the offences in sections 6 and 7 of the Fraud Act 2006 (possessing, making or supplying articles for use in frauds), references in this Part to fraud against a public authority are to be read as including the commission of those offences by—

(a)

in relation to section 6 of the Fraud Act 2006, possessing or having control of an article for use in the course of or in connection with a fraud against a public authority, and

(b)

in relation to section 7 of that Act, making, adapting, supplying or offering to supply an article—

(i)

knowing that it is designed or adapted for use in the course of or in connection with fraud against a public authority, or

(ii)

intending it to be used to commit, or assist in the commission of, fraud against a public authority.

(3)

In this Part, references to giving a notice or other document (however expressed), include sending the notice or document by post.

(4)

For the purposes of this Part—

(a)

court proceedings (including an appeal) are not finally determined until any appeal relating to the proceedings has been withdrawn, abandoned or determined (ignoring any possibility of an appeal out of time with permission), and

(b)

a final determination is the determination reached when court proceedings are finally determined.

75Regulations

(1)

Regulations under this Part are to be made by statutory instrument.

(2)

A power to make regulations under any provision of this Part includes power to make—

(a)

consequential, supplementary, incidental, transitional or saving provision;

(b)

different provision for different purposes.

(3)

Where regulations under this Part are subject to “the affirmative procedure”, the regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

(4)

Where regulations under this Part are subject to “the negative procedure”, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament.

(5)

Any provision that may be made by regulations under this Part subject to the negative procedure may be made in regulations subject to the affirmative procedure.

Changes to legislation:

Changes to Legislation

Part 1Functions exercisable on behalf of public authorities

Chapter 1Key concepts

1Core functions of the Minister for the Cabinet Office

(1)

(a)

(b)

(c)

(d)

(2)

(a)

(i)

(ii)

(b)

(c)

(3)

2Interaction with other public authorities etc

(1)

(a)

(b)

(2)

(a)

(b)

(3)

(4)

(a)

(b)

(5)

(a)

(b)

Chapter 2Investigatory powers

Information

3Information notices

(1)

(a)

(b)

(2)

(3)

(4)

(a)

(b)

(5)

(6)

(a)

(b)

(c)

(d)

(7)

(a)

(b)

(8)

(a)

(b)

4Reviews

(1)

(2)

(3)

(4)

(a)

(b)

(c)

(5)

(a)

(b)

(6)

5Information sharing

(1)

(2)

(3)

(4)

(a)

(b)

6Amendment of the Investigatory Powers Act 2016

Powers of entry, search and seizure etc

7Police and Criminal Evidence Act 1984 etc powers

(1)

(2)

(a)

(b)