Legislation – Public Authorities (Fraud, Error and Recovery) Act 2025
Changes to legislation:
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Changes and effects yet to be applied to Section 69:
- s. 69 coming into force by S.I. 2026/371 reg. 2(a)
Part 1Functions exercisable on behalf of public authorities
Chapter 6General
69Reports on exercise of functions
(1)
As soon as reasonably practicable after the end of each financial year, the Minister must prepare a report stating how many times the powers in subsection (3) were exercised in that financial year.
(2)
The Minister must—
(a)
publish each report, and
(b)
lay a copy of each report before Parliament.
(3)
The powers are—
(a)
the power to issue an information notice under section 3,
(b)
the power to apply for or execute a warrant under section 8(1) of the Police and Criminal Evidence Act 1984 (“the 1984 Act”) that is conferred by virtue of section 7,
(c)
the power to obtain access to material under section 9(1) of, and Schedule 1 to, the 1984 Act that is conferred by virtue of section 7,
(d)
the powers under section 19 of the 1984 Act (general power of seizure etc) that are conferred by virtue of section 7,
(e)
the power to apply for an order under section 8,
(f)
the power to give a recovery notice under section 11,
(g)
the power to apply for a recovery order under section 16,
(h)
the power to make a direct deduction order under section 17,
(i)
the power to make a deduction from earnings order under section 39, and
(j)
the power to impose a penalty under section 51.
(4)
“Financial year” means—
(a)
the period beginning with the day on which Part 1 of this Act comes fully into force and ending with the following 31 March (which is the first financial year), and
(b)
each subsequent period of 12 months beginning with 1 April.
(5)
Before acting under subsection (2) the Minister must exclude from the report any matter which the Minister thinks is likely to prejudice any—
(a)
criminal investigation,
(b)
other investigation,
(c)
criminal proceedings, or
(d)
civil proceedings.
(6)
If the Minister—
(a)
excludes any matter from the report in reliance on subsection (5), and
(b)
in a subsequent financial year thinks that the excluded matter is no longer likely to prejudice the investigation or proceedings concerned,
the Minister must include the matter in the report that relates to that subsequent financial year.