Legislation – Public Authorities (Fraud, Error and Recovery) Act 2025
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Changes and effects yet to be applied to Section 29:
- s. 29 coming into force by S.I. 2026/371 reg. 2(a)
Part 1Functions exercisable on behalf of public authorities
Chapter 4Methods of recovery
Recovery from bank accounts etc
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.