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

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Part 1Functions exercisable on behalf of public authorities

Chapter 2Investigatory powers

Information

3Information notices

(1)

The Minister may require a person (“P”) to give specified information to the Minister where the Minister considers that—

(a)

it is necessary and proportionate to do so for the purpose of exercising the Minister’s functions under section 1(1)(a) to (c), and

(b)

the information relates to a person (whether or not P) whom the Minister has reasonable grounds to suspect has committed fraud against a public authority.

(2)

The power conferred by subsection (1) is to be exercised by giving P a notice (an “information notice”).

(3)

An information notice must identify (by name or description) the person suspected of having committed fraud as mentioned in subsection (1)(b).

(4)

An information notice must set out—

(a)

how, where and the period within which the information must be given to the Minister in order for the recipient of the notice to avoid being liable to a penalty under section 54;

(b)

information about the consequences of not complying with the notice.

(5)

The period mentioned in subsection (4)(a) must not be less than 10 working days beginning with the day after the day on which the information notice is given.

(6)

The power under this section to require P to give information to the Minister includes the power to—

(a)

take copies of or extracts from information;

(b)

require P to provide information in a specified form;

(c)

require P to retain information that P would not otherwise retain;

(d)

if any specified information is not given to the Minister, require P to state, to the best of P’s knowledge and belief, both where that information is and why it has not been given to the Minister.

(7)

An information notice under this section may not require the giving of—

(a)

journalistic material, or

(b)

excluded material,

within the meaning of the Police and Criminal Evidence Act 1984 (see sections 11 to 13 of that Act; see section 7(2)(b) of this Act for provision about production orders).

(8)

In this section, “specified” means—

(a)

specified, or described, in an information notice, or

(b)

falling within a category that is specified, or described, in an information notice.

4Reviews

(1)

A person to whom an information notice is given under section 3 may apply to the Minister for a review of the decision to give the notice.

(2)

An application under subsection (1) must be made within the period of 7 days beginning with the day after the day on which the notice is given.

(3)

Where an application is made under subsection (1), the Minister must review the decision to give the notice.

(4)

On the review, the Minister may—

(a)

revoke the notice,

(b)

uphold the notice, or

(c)

vary the notice.

(5)

After a review has been carried out, the Minister must—

(a)

notify the person who applied for the review of the outcome of the review, and

(b)

if the outcome was to vary the notice, give the person the varied notice.

(6)

Where an information notice is upheld or varied on a review, the period mentioned in section 3(4)(a) is to be treated as beginning on the day after the day on which the outcome of the review is notified to the person to whom the information notice was given.

(1)

A public authority may disclose information to the Minister for the purpose of facilitating the Minister’s exercise of the core functions.

(2)

The Minister may use information disclosed under subsection (1) only for the purpose of exercising the core functions.

(3)

The Minister may disclose information to another person for the purpose of exercising the core functions.

(4)

Where the Minister discloses information to a person under subsection (3), the person may not—

(a)

use it for any purpose other than the purpose for which it was disclosed, and

(b)

may not disclose it to any other person,

without the consent of the Minister.

6Amendment of the Investigatory Powers Act 2016

In the Investigatory Powers Act 2016, in Schedule 4 (relevant public authorities and designated senior officers etc), in the table in Part 1, before the entry for the Common Services Agency for the Scottish Health Service insert—

“Cabinet Office, so far as relating to the Public Sector Fraud Authority

60A(7)(b)”.

Changes to legislation:

Changes to Legislation