Legislation – Public Authorities (Fraud, Error and Recovery) Act 2025
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Part 1Functions exercisable on behalf of public authorities
Chapter 2Investigatory powers
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)
“, 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)
“(bf)
any regulations under section 26G of this Act (public sector fraud investigators);”, and
(c)
“(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)
“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)
“(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).”