Legislation – Public Authorities (Fraud, Error and Recovery) Act 2025
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Schedule 2Public Sector Fraud Authority and transfer of functions
Part 1Powers to establish the PSFA and transfer functions
Main powers
1
(1)
The Minister may by regulations—
(a)
provide that a body corporate called the Public Sector Fraud Authority (and referred to in this Schedule as “the PSFA”) is established;
(b)
provide for the transfer to the PSFA of all or any of the functions to which this paragraph applies.
(2)
The Minister may by regulations provide for the transfer to a public authority other than the PSFA of all or any of the functions to which this paragraph applies.
(3)
This paragraph applies to the functions initially conferred on the Minister by Chapters 1 to 5 of Part 1 of this Act (including functions conferred by an amendment of another enactment), except any function of making regulations or issuing a code of practice.
(4)
A function transferred under sub-paragraph (2) may subsequently be transferred to the PSFA under sub-paragraph (1)(b).
(5)
But a function transferred to the PSFA under sub-paragraph (1)(b) may not subsequently be transferred to another public authority under sub-paragraph (2).
Authorised officers
2
(1)
The reference in paragraph 1(3) to functions initially conferred on the Minister includes functions initially conferred on authorised officers.
(2)
In relation to a function initially conferred on an authorised officer, references in this Part of this Schedule to the transfer of the function to another body are to be read as references to the transfer of the function to an authorised officer of that body.
(3)
Where—
(a)
a function initially conferred on an authorised officer is transferred by regulations under paragraph 1, and
(b)
as a result of any provision of Chapters 1 to 5 of Part 1 of this Act, that function could be exercised only by an authorised officer of a particular rank, grade or description,
the regulations must provide for the function to be exercised by an authorised officer of the transferee of a corresponding grade, rank or description.
(4)
In this paragraph, “authorised officer” includes “authorised investigator”.
Associated modifications
3
(1)
Where functions are transferred to the PSFA or another public authority under paragraph 1, the Minister may by regulations—
(a)
make provision about the application, with any necessary modifications, of Part 1 of this Act in relation to the PSFA or other authority;
(b)
provide for the Minister to give the PSFA or other authority (or its authorised officers) general or specific directions about the exercise of the transferred functions.
(2)
Where functions are transferred to or from a public authority, other than the Minister or the PSFA, under paragraph 1, the Minister may by regulations—
(a)
make any modifications that the Minister considers appropriate in connection with the transfer to the constitutional arrangements, funding arrangements or the functions of the authority;
(b)
make provision in relation to the authority corresponding to that enabled by paragraph 19 (transfer schemes) in relation to—
(i)
the PSFA, where functions are being transferred to the authority, or
(ii)
a “relevant person”, where functions are being transferred from the authority.
(3)
In sub-paragraph (2)(a), “constitutional arrangements” includes the matters referred to in section 3(2) of the Public Bodies Act 2011.
(4)
Regulations under paragraph 1 or this paragraph may amend—
(a)
Part 1 of this Act, except this Schedule, and
(b)
any provision amended by Part 1 of this Act.
Procedure
4
Regulations under this Part of this Schedule are subject to the affirmative procedure.