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

“109DPowers of entry, search and seizure in England and Wales

(1)

This section confers functions on and in relation to authorised investigators, including by applying provisions of the Police and Criminal Evidence Act 1984 (“the 1984 Act”) with modifications.

(2)

The functions are exercisable only in relation to premises and items in England and Wales.

(3)

The provisions of the 1984 Act listed in subsection (4) apply in relation to investigations of DWP offences conducted by authorised investigators as they apply in relation to investigations of offences conducted by police officers, subject to the modifications in Schedule 3ZC.

(4)

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).

(5)

An authorised investigator may use reasonable force in respect of property if necessary in the exercise of a power conferred by a provision of the 1984 Act as applied by subsections (3) and (4).

(6)

Subsections (7) to (9) apply where a person has the same powers as an authorised investigator by virtue of section 16(2A) of the 1984 Act as applied by subsections (3) and (4).

(7)

Where the person is a constable, the constable may use reasonable force in respect of property or persons if necessary in the exercise of the powers.

(8)

Where the person is not a constable, the person may use reasonable force in respect of property if necessary in the exercise of the powers.

(9)

But a person may use reasonable force under subsection (8) only in the company, and under the supervision, of an authorised investigator.

(10)

For the purposes of this section and Schedule 3ZC an authorised investigator is an individual who is authorised by the Secretary of State to exercise the powers conferred by this section.

(11)

An individual may be so authorised only if the individual is an official of a government department and—

(a)

is a higher executive officer, or

(b)

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

(3)

After Schedule 3ZB (inserted by section 96(3) of this Act) insert, as Schedule 3ZC, the Schedule in paragraph 1 of Schedule 4 to this Act.

81Entry, search and seizure in Scotland

(1)

The Social Security Administration Act 1992 is amended as follows.

(2)

After section 109D (inserted by section 80 of this Act) insert—

“109EPowers of entry, search and seizure in Scotland

Schedule 3ZD confers functions that are exercisable only in relation to premises and items in Scotland and that correspond to the functions conferred by section 109D in relation to England and Wales.”

(3)

After Schedule 3ZC (inserted by section 80(3) of this Act) insert, as Schedule 3ZD, the Schedule in paragraph 2 of Schedule 4 to this Act.

82Entry, search and seizure: Crown application

After section 109E of the Social Security Administration Act 1992 (inserted by section 81 of this Act) insert—

“109FEntry, search and seizure: Crown etc application

(1)

Subject to subsections (2) and (3), the powers conferred by section 109D and by Schedule 3ZD, bind the Crown and apply in relation to Crown premises as they apply in relation to any other premises.

(2)

If 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.

(3)

No power of entry conferred by, or by virtue of, the provisions mentioned in subsection (1) 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.

(4)

In this section—

(a)

“Crown premises” means premises held, or used by, or on behalf of the Crown, and

(b)

the reference to His Majesty’s private estates is to be read in accordance with section 1 of the Crown Private Estates Act 1862.”

83Offence of delay, obstruction etc

In the Social Security Administration Act 1992, in section 111 (delay, obstruction etc of inspector)—

(a)

in paragraph (a) of subsection (1), after “officer” insert “, or authorised investigator,”, and

(b)

after subsection (2) insert—

“(2A)

In subsection (1)(a), “authorised investigator” means an individual who is authorised by the Secretary of State to exercise the powers conferred by section 109D or Schedule 3ZD.”

84Disposal of property

In the Social Security Administration Act 1992, after section 109F (inserted by section 82 of this Act) insert—

“109GDisposal of property

(1)

The appropriate court may, on an application by the Secretary of State 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 Secretary of State 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 relevant property until 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—

“appropriate court” means—

(a)

in relation to England and Wales, a magistrates’ court, and

(b)

in relation to Scotland, the sheriff;

“relevant property” means tangible property which has come into the possession of the Secretary of State in the course of, or in connection with, an investigation into a DWP offence.”

85Amendments to the Criminal Justice and Police Act 2001

(1)

The Criminal Justice and Police Act 2001 is amended as follows.

(2)

In section 57 (retention of seized items), in subsection (1), after paragraph (w) (inserted by the Football Governance Act 2025) insert—

“(x)

paragraph 4(3) of Schedule 3ZD to the Social Security Administration Act 1992.”

(3)

In section 63 (copies), in subsection (2), at the end insert—

“(j)

paragraph 2(1)(e) and (f) of Schedule 3ZD to the Social Security Administration Act 1992.”

(4)

In Part 1 of Schedule 1 (powers of seizure to which section 50 of the Act applies), after paragraph 56 insert—

“Social Security Administration Act 1992

56ZA

The power of seizure conferred by paragraph 2(1)(d) of Schedule 3ZD to the Social Security Administration Act 1992.”

86Incidents etc in England and Wales

(1)

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

(2)

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

(a)

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

(gd)

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

(b)

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

“(bg)

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

(c)

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

“(7B)

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

(3)

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

“26HDWP investigators

(1)

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

(2)

Regulations under this section may, in particular—

(a)

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

(b)

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

(3)

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

(a)

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

(b)

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

(4)

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

(5)

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

(a)

by virtue of this section, or

(b)

under the Parliamentary Commissioner Act 1967.

(6)

Regulations under this section may, in particular, make—

(a)

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

(b)

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

(7)

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

(a)

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

(b)

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

(8)

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

(9)

In this section—

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

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

87Incidents etc in Scotland

(1)

The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) is amended as follows.

(2)

In Article 2 (interpretation), at the appropriate place insert—

““DWP investigator” means an authorised investigator within the meaning given by paragraph 6 of Schedule 3ZD to the Social Security Administration Act 1992;”.

(3)

In Article 3 (agreements to investigate serious incidents), after paragraph (17B) insert—

“(17C)

The Commissioner and the Secretary of State may enter into an agreement for the Commissioner to investigate and report, where requested to do so by the Secretary of State, on any serious incident involving DWP investigators acting in the exercise of functions conferred on them by Schedule 3ZD to the Social Security Administration Act 1992 (entry, search and seizure powers).

(17D)

A “serious incident involving DWP investigators” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means a DWP investigator acting in the exercise of functions conferred on them by Schedule 3ZD to the Social Security Administration Act 1992.”

(4)

In Article 4 (investigation of crimes and deaths), after paragraph (i) insert “;

(j)

a DWP investigator acting in the exercise of functions conferred on them by Schedule 3ZD to the Social Security Administration Act 1992.”