Legislation – Public Authorities (Fraud, Error and Recovery) Act 2025

Part 1
Functions exercisable on behalf of public authorities

Chapter 1 Key concepts

1 Core functions of the Minister for the Cabinet Office

2 Interaction with other public authorities etc

Chapter 2 Investigatory powers

3 Information notices

5 Information sharing

6 Amendment of the Investigatory Powers Act 2016

Powers of entry, search and seizure etc

7 Police and Criminal Evidence Act 1984 etc powers

8 Disposal of property

9 Incidents etc

Chapter 3 Rights to recover

Recovery of recoverable amounts

10 Acting for another public authority

11 Recovery notices

12 Restriction on availability of powers: claimed amounts

Recovery of other amounts

13 Penalties etc

14 Restriction on availability of powers: penalties

Chapter 4 Methods of recovery

15 Payable amounts

Recovery as if payable under a court order

16 Recovery orders

Recovery from bank accounts etc

17 Direct deduction orders

18 Accounts which may be subject to a direct deduction order

19 Requirement for banks to provide information

20 Joint accounts

21 Further requirements before making a direct deduction order

22 Amount of deductions

23 Content and effect of direct deduction orders

24 Bank’s administrative costs

25 Insufficient funds

26 Restrictions on accounts: banks

27 Restrictions on accounts: account holders

28 Applications to vary

31 Further information notices

32 Suspension of direct deduction orders

33 Cessation on death of liable person

36 Meaning of “bank” etc

Deduction from earnings

39 Deduction from earnings orders

40 Content and effect of deduction from earnings orders

41 Requirements before making a deduction from earnings order

42 Amount of deductions

43 The employer’s administrative costs

44 Suspension of deduction from earnings orders

45 Duty to notify the Minister of change of circumstances

46 Applications to vary

Chapter 5 Civil penalties

51 Penalty relating to fraud

52 Application to members etc of bodies

53 Amount of penalty relating to fraud

54 Penalty for failing to comply with requirements

55 Application to members etc of bodies

56 Amount of penalty for failing to comply with requirements

57 Procedural rights

58 Penalty decision notices

59 Reviews and decisions

60 Penalty notices

63 Code of practice

64 Penalties and criminal proceedings or convictions

Chapter 6 General

65 Independent review

66 Independent review: further provision

67 Authorised officers

68 Guidance on exercise of investigatory functions

69 Reports on exercise of functions

70 Record of exercise of functions

71 Disclosure of information etc: interaction with external constraints

72 Crown etc application

73 Public Sector Fraud Authority and transfer of functions

74 Interpretation

Part 2
Social security etc

Chapter 1 Powers to require information

76 Information notices

77 Consequential amendments to the Social Security Fraud Act 2001

78 Eligibility verification

79 Eligibility verification: independent review

Chapter 2 Powers of entry, search and seizure etc

80 Entry, search and seizure in England and Wales

81 Entry, search and seizure in Scotland

82 Entry, search and seizure: Crown application

83 Offence of delay, obstruction etc

84 Disposal of property

85 Amendments to the Criminal Justice and Police Act 2001

86 Incidents etc in England and Wales

87 Incidents etc in Scotland

Chapter 3 Further provision relevant to investigatory powers

88 Devolved benefits

90 Disclosure of information etc: interaction with external constraints

91 Giving notices etc

92 Independent review

Chapter 4 Overpayments: recovery and enforcement

93 Enforcement of non-benefit payments

94 Recovery and enforcement mechanisms

95 Recovery from bank accounts etc

96 Disqualification from driving

97 Code of practice

98 Rights of audience

99 Recovery of costs

100 Recovery: further provision

Chapter 5 Offences, penalties etc

101 Offences: non-benefit payments

102 Penalty as alternative to prosecution: extension to non-benefit payments

103 Amendments to the Social Security Fraud Act 2001: loss of benefits following penalty

104 Powers of Scottish Ministers

Part 3
General

105 Application and limitation

106 Power to make consequential provision

107 Financial provision

109 Commencement

110 Short title

SCHEDULES

Schedule 1 Fraud against public authorities: Police and Criminal Evidence Act 1984 powers

Schedule 2 Public Sector Fraud Authority and transfer of functions

Schedule 3 Eligibility verification etc

Schedule 4 Social security fraud: search and seizure powers etc

Schedule 5 Recovery from bank accounts etc

Schedule 6 Disqualification from driving

Which version?
Latest available (Revised)
Original (As enacted)

Part 1Functions exercisable on behalf of public authorities

Chapter 6General

74Interpretation

(1)

In this Part—

“authorised officer” has the meaning given by section 67;

“bank” has the meaning given by section 36(1);

“claimed amount” has the meaning given by section 10(1)(a);

“the core functions” has the meaning given by section 1;

“direct deduction order” means a regular direct deduction order or a lump sum direct deduction order;

“fraud” includes—

(a)

the offences in sections 1 and 11 of the Fraud Act 2006 (fraud and obtaining services dishonestly),

(b)

the offences in sections 6 and 7 of that Act (possessing, making or supplying articles for use in frauds), and

(c)

the offence at common law of conspiracy to defraud;

“information” means information in the form of a document or in any other form;

“joint account” means an account held by more than one person;

“liable person” has the meaning given by section 11(1);

“lump sum direct deduction order” has the meaning given by section 17(5);

“the Minister” means the Minister for the Cabinet Office;

“payable amount” has the meaning given by section 15;

“public authority” means a person with functions of a public nature so far as acting in the exercise of those functions;

“recoverable amount” has the meaning given by section 1(3);

“regular direct deduction order” has the meaning given by section 17(4);

“sole account” means an account held by one person;

“suspected fraud” is conduct which the Minister has reasonable grounds to suspect may constitute fraud;

“working day” means any day other than—

(a)

Saturday or Sunday, or

(b)

a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

(2)

For the purposes of applying this Part in relation to the offences in sections 6 and 7 of the Fraud Act 2006 (possessing, making or supplying articles for use in frauds), references in this Part to fraud against a public authority are to be read as including the commission of those offences by—

(a)

in relation to section 6 of the Fraud Act 2006, possessing or having control of an article for use in the course of or in connection with a fraud against a public authority, and

(b)

in relation to section 7 of that Act, making, adapting, supplying or offering to supply an article—

(i)

knowing that it is designed or adapted for use in the course of or in connection with fraud against a public authority, or

(ii)

intending it to be used to commit, or assist in the commission of, fraud against a public authority.

(3)

In this Part, references to giving a notice or other document (however expressed), include sending the notice or document by post.

(4)

For the purposes of this Part—

(a)

court proceedings (including an appeal) are not finally determined until any appeal relating to the proceedings has been withdrawn, abandoned or determined (ignoring any possibility of an appeal out of time with permission), and

(b)

a final determination is the determination reached when court proceedings are finally determined.