Legislation – Public Authorities (Fraud, Error and Recovery) Act 2025
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Public Authorities (Fraud, Error and Recovery) Act 2025. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 35:
- s. 35 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
35Appeals
(1)
A relevant person may appeal to the First-tier Tribunal against—
(a)
the making of a direct deduction order,
(b)
the variation of a direct deduction order, or
(c)
a refusal to vary a direct deduction order after an application under section 28.
(2)
A relevant person may not appeal under subsection (1) in relation to a direct deduction order unless they have—
(a)
applied for a review of the decision to make, to vary or not to vary the order under section 34, and
(b)
been notified of the outcome of the review.
(3)
Subsection (2) does not apply where a direct deduction order is varied on a review under section 34.
(4)
A relevant person may not bring an appeal under subsection (1) after the end of—
(a)
the period of 28 days beginning with the day after the day on which the person was notified of the outcome of the review, or
(b)
such longer period (if any) as the Tribunal considers reasonable in all the circumstances.
(5)
An appeal under subsection (1) may not be brought on, or include, any ground relating to the existence or amount of a payable amount (unless the amount is said to be incorrectly stated in the order).
(6)
On an appeal under this section, the First-tier Tribunal may suspend the requirement on a bank to comply with a direct deduction order for some or all of the time until the appeal is finally determined.
(7)
On an appeal under subsection (1), the First-tier Tribunal may—
(a)
amend the direct deduction order;
(b)
revoke the direct deduction order;
(c)
dismiss the appeal.
(8)
In this section, “relevant person” has the meaning that it has in section 34.