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

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 9:

s. 9 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

9Incidents etc

(1)

The Police Reform Act 2002 (complaints and misconduct) is amended as follows.

(2)

In section 10 (general functions of the Director General)—

(a)

in subsection (1), at the end of paragraph (gb) insert “, and

(gc)

to carry out such corresponding functions in relation to public sector fraud investigators acting in the exercise of functions conferred on them by section 7 of the Public Authorities (Fraud, Error and Recovery) Act 2025 (Police and Criminal Evidence Act 1984 powers for public sector fraud investigators).”,

(b)

in subsection (3), after paragraph (be) insert—

“(bf)

any regulations under section 26G of this Act (public sector fraud investigators);”, and

(c)

after subsection (7) insert—

“(7A)

In this section, “public sector fraud investigators” means authorised investigators within the meaning given by section 7 of the Public Authorities (Fraud, Error and Recovery) Act 2025.”

(3)

After section 26F insert—

“26GPublic sector fraud investigators

(1)

The Minister for the Cabinet Office (“the Minister”) may make regulations conferring functions on the Director General in relation to public sector fraud investigators acting in the exercise of functions conferred on them by section 7 of the Public Authorities (Fraud, Error and Recovery) Act 2025 (Police and Criminal Evidence Act 1984 powers for public sector fraud investigators).

(2)

Regulations under this section may, in particular—

(a)

apply (with or without modifications), or make provision similar to, any provision of or made under this Part;

(b)

make provision for payment by the Minister to, or in respect of, the Office or in respect of the Director General.

(3)

The Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—

(a)

the Director General has functions by virtue of this section, and

(b)

the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.

(4)

The Minister may disclose information to the Director General or to a person acting on the Director General’s behalf, for the purposes of the exercise by the Director General or by any person acting on the Director General’s behalf, of a public sector fraud complaints function.

(5)

The Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—

(a)

by virtue of this section, or

(b)

under the Parliamentary Commissioner Act 1967.

(6)

Regulations under this section may, in particular, make—

(a)

further provision about the disclosure of information under subsection (4) or (5);

(b)

provision about the further disclosure of information that has been so disclosed.

(7)

A disclosure of information authorised by or under this section does not breach—

(a)

any obligation of confidence owed by the person making the disclosure, or

(b)

any other restriction on the disclosure of information (however imposed).

(8)

No provision made by or under this section authorises a disclosure of information that is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(9)

In this section—

“public sector fraud complaints function” means a function in relation to the exercise of functions conferred by section 7 of the Public Authorities (Fraud, Error and Recovery) Act 2025;

“public sector fraud investigator” means an authorised investigator within the meaning given by section 7 of that Act.”

(4)

In section 105 (powers of Secretary of State to make orders and regulations), after subsection (5) insert—

“(6)

In this section, references to the Secretary of State include references to the Minister for the Cabinet Office for the purposes of section 26G (power to make regulations about public sector fraud investigators).”