Legislation – Public Authorities (Fraud, Error and Recovery) Act 2025
Changes to legislation:
There are currently no known outstanding effects for the Public Authorities (Fraud, Error and Recovery) Act 2025, Section 84.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Part 2Social security etc
Chapter 2Powers of entry, search and seizure etc
84Disposal of property
“109GDisposal of property
(1)
The appropriate court may, on an application by the Secretary of State or a person with an interest in relevant property—
(a)
order the delivery of the relevant property to the person appearing to the court to be its owner, or
(b)
if its owner cannot be ascertained, make any other order about the relevant property.
(2)
An order under subsection (1)(a) may include provision for the Secretary of State to make any changes to the relevant property that the court considers necessary for the purpose of avoiding or reducing any risk of the relevant property being used in the commission of an offence.
(3)
An order under subsection (1)(b) may not provide for the destruction or disposal of relevant property until the end of the period of 6 months beginning with the day on which the order is made.
(4)
An order under subsection (1)(b) (“the first order”) does not prevent further applications being made for an order under subsection (1) in respect of the relevant property to which the first order applies.
(5)
Where an order is made following a further application—
(a)
the order may not provide for the destruction or disposal of the relevant property before the end of the period of 6 months beginning with the day on which the first order was made, but
(b)
the order may otherwise contain such provision as to the timing of the destruction or disposal of the relevant property as the court thinks fit.
(6)
In this section—
“appropriate court” means—
(a)
in relation to England and Wales, a magistrates’ court, and
(b)
in relation to Scotland, the sheriff;
“relevant property” means tangible property which has come into the possession of the Secretary of State in the course of, or in connection with, an investigation into a DWP offence.”