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

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Part 3General

105Application and limitation

(1)

Subject to subsection (2), any function conferred by a provision of this Act (including by way of amendments to another enactment) is exercisable—

(a)

so far as the function relates to investigations or enforcement, in respect of things done or not done before the provision comes into force, and

(b)

so far as the function relates to the recovery of money, for the purposes of recovering money which a public authority (whether or not the public authority on which the function is conferred) was entitled to recover before the provision comes into force.

(2)

Subsection (1)(a) does not apply in relation to the amendments made by—

(a)

section 101 (offences: non-benefit payments), and

(b)

section 102 (penalty as alternative to prosecution: extension to non-benefit payments).

(3)

Subsection (4) applies in relation to an action—

(a)

for an amount that a relevant public authority is entitled to claim from a person as a result of fraud which the person carried out, before the day on which this section comes into force, in connection with coronavirus, and

(b)

in relation to which a limitation period of less than 12 years from the date on which the cause of action accrues would otherwise have applied.

(4)

The time limit for bringing the action is 12 years beginning with the day on which the relevant public authority discovers the fraud or could with reasonable diligence discover it (whether that day is before, on or after the day on which this section comes into force).

(5)

For the purposes of subsections (3) and (4)—

(a)

a “relevant public authority” is a person who—

(i)

exercises functions of a public nature, and

(ii)

is not a devolved Scottish authority;

(b)

an authority is a “devolved Scottish authority” if its functions—

(i)

are exercisable only in or as regards Scotland, and

(ii)

are wholly or mainly functions that do not relate to reserved matters within the meaning of the Scotland Act 1998.

(6)

For the purposes of subsection (3), “coronavirus” has the meaning given by section 1(1) of the Coronavirus Act 2020.

(7)

In the Limitation Act 1980, in section 38 (interpretation), in subsection (11)—

(a)

in paragraph (a), after “1992,” insert “including as amended by the Public Authorities (Fraud, Error and Recovery) Act 2025,”,

(b)

omit “or” at the end of paragraph (b), and

(c)

at the end of paragraph (c) insert “, or

(d)

Part 1 of the Public Authorities (Fraud, Error and Recovery) Act 2025,”.

(8)

In the Prescription and Limitation (Scotland) Act 1973, in Schedule 1 (obligations affected by prescriptive periods of 5 years under section 6), in paragraph 2(fb)(i), at the end insert “, including as amended by the Public Authorities (Fraud, Error and Recovery) Act 2025”.

106Power to make consequential provision

(1)

The Secretary of State or the Minister may by regulations make provision that is consequential on this Act.

(2)

Regulations under this section may amend, repeal or revoke provision made by or under an Act passed—

(a)

before this Act, or

(b)

later in the same session of Parliament as this Act.

(3)

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

(4)

A statutory instrument containing regulations under this section that amend or repeal provision made by an Act (whether alone or with other provisions) may not be made unless a draft of the statutory instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5)

Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

107Financial provision

There is to be paid out of money provided by Parliament—

(a)

any expenditure incurred under, or by virtue of, this Act by a Minister of the Crown, a person holding office under His Majesty or a government department, and

(b)

any increase attributable to this Act in the sums payable under or by virtue of any other Act out of money so provided.

108Extent

(1)

This Act extends to England and Wales and Scotland, subject as follows.

(2)

Part 1 of this Act extends to England and Wales only.

(3)

Any amendment, repeal or revocation made by this Act has the same extent as the provision amended, repealed or revoked.

109Commencement

(1)

Except as provided by subsection (2), this Act comes into force on such day as the Secretary of State or the Minister for the Cabinet Office may by regulations appoint.

(2)

The following provisions come into force on the day on which this Act is passed—

(a)

this Part, and

(b)

any other provision of this Act so far as it confers power to make regulations or is otherwise necessary for enabling the exercise of such a power on or after the day on which this Act is passed.

(3)

Different days may be appointed under subsection (1) for different purposes or different areas.

(4)

The Secretary of State or the Minister for the Cabinet Office may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.

(5)

The power to make regulations under subsection (4) includes power to make different provision for different purposes.

(6)

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

110Short title

This Act may be cited as the Public Authorities (Fraud, Error and Recovery) Act 2025.