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.
Changes to Legislation
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Changes and effects yet to be applied to Section 7:
- s. 7 coming into force by S.I. 2026/371 reg. 2(a)
Part 1Functions exercisable on behalf of public authorities
Chapter 2Investigatory powers
Powers of entry, search and seizure etc
7Police and Criminal Evidence Act 1984 etc powers
(1)
The provisions of the Police and Criminal Evidence Act 1984 listed in subsection (2) apply in relation to investigations of offences of fraud against a public authority that are conducted by authorised investigators in the exercise of the Minister’s function under section 1(1)(a) as they apply in relation to investigations of offences conducted by police officers, subject to the modifications in Schedule 1.
(2)
The provisions are—
(a)
section 8(1) to (5) (power of justice of the peace to authorise entry and search of premises);
(b)
section 9(1) and Schedule 1 (special provisions as to access);
(c)
section 15 (search warrants: safeguards);
(d)
section 16 (execution of warrants);
(e)
section 19 (general power of seizure etc);
(f)
section 20 (extension of powers of seizure to computerised information);
(g)
section 21 (access and copying);
(h)
section 22 (retention);
(i)
sections 10 to 14, 23 and 118 (interpretation provisions), so far as necessary for the application of the provisions mentioned in paragraphs (a) to (h).
(3)
An authorised investigator is an individual who is authorised by the Minister to exercise the powers conferred by this section.
(4)
An individual may not be an authorised investigator unless the individual—
(a)
is employed in the civil service of the state in the Minister’s department, and
(b)
is a higher executive officer or has a grade that is equivalent to, or higher than, that of a higher executive officer.