In subsection (4)(a), “relevant codes of practice” and “relevant guidance” mean codes of practice and guidance to which the Minister must have regard in exercising functions under this Part.

66Independent review: further provision

(1)

The Minister may give the independent person appointed under section 65(1) directions as to the period to be covered by each review carried out under section 65.

(2)

The Minister must consult the independent person before giving a direction under subsection (1).

(3)

The Minister must disclose information to the independent person, or to a person acting on behalf of the independent person, where the information is reasonably required for the purposes of reviews being carried out under section 65.

(4)

The Minister may by regulations confer functions on a person for the purposes of securing compliance with section 65.

(5)

Regulations under subsection (4) are subject to the negative procedure.

67Authorised officers

(1)

The following decisions, if not made by the Minister personally, may be made only by an individual authorised by the Minister for the purposes of this section (an “authorised officer”)—

(a)

deciding to give an information notice under section 3(2);

(b)

deciding to give a recovery notice under section 11(1);

(c)

deciding to make a direct deduction order under section 17(1);

(d)

deciding to vary a direct deduction order under section 29(1);

(e)

deciding to make a deduction from earnings order under section 39(1);

(f)

deciding to vary a deduction from earnings order under section 47;

(g)

deciding to give a notice of intent under section 57(2);

(h)

deciding to impose a penalty under section 51 or 54 (and to give a notice for that purpose under section 60).

(2)

Subsection (3) applies where—

(a)

the Minister is required by virtue of a provision of this Part to review a decision mentioned in subsection (1), and

(b)

the decision was made by an authorised officer.

(3)

The review must be carried out by—

(a)

an authorised officer of a higher grade than the authorised officer who made the decision, or

(b)

the Minister personally.

(4)

An individual may not be an authorised officer unless the individual is employed in the civil service of the state in the Minister’s department.

68Guidance on exercise of investigatory functions

(1)

The Minister must publish guidance about how the Minister will exercise the Minister’s function in section 1(1)(a) (investigating suspected fraud against public authorities).

(2)

The guidance must include guidance about—

(a)

how authorised investigators and authorised officers are to be appointed,

(b)

the training which individuals must undertake before being appointed as authorised investigators or authorised officers,

(c)

governance arrangements in relation to how authorised investigators and authorised officers are to exercise their functions for the purpose of the function in section 1(1)(a), and

(d)

how the Minister will work with an independent reviewer appointed under section 65.

(3)

The Minister may revise or replace guidance published under this section.

(4)

The Minister must publish any revised or replacement guidance.

(5)

The Minister must lay a copy of guidance published under this section (including revised or replacement guidance) before Parliament.

69Reports on exercise of functions

(1)

As soon as reasonably practicable after the end of each financial year, the Minister must prepare a report stating how many times the powers in subsection (3) were exercised in that financial year.

(2)

The Minister must—

(a)

publish each report, and

(b)

lay a copy of each report before Parliament.

(3)

The powers are—

(a)

the power to issue an information notice under section 3,

(b)

the power to apply for or execute a warrant under section 8(1) of the Police and Criminal Evidence Act 1984 (“the 1984 Act”) that is conferred by virtue of section 7,

(c)

the power to obtain access to material under section 9(1) of, and Schedule 1 to, the 1984 Act that is conferred by virtue of section 7,

(d)

the powers under section 19 of the 1984 Act (general power of seizure etc) that are conferred by virtue of section 7,

(e)

the power to apply for an order under section 8,

(f)

the power to give a recovery notice under section 11,

(g)

the power to apply for a recovery order under section 16,

(h)

the power to make a direct deduction order under section 17,

(i)

the power to make a deduction from earnings order under section 39, and

(j)

the power to impose a penalty under section 51.

(4)

“Financial year” means—

(a)

the period beginning with the day on which Part 1 of this Act comes fully into force and ending with the following 31 March (which is the first financial year), and

(b)

each subsequent period of 12 months beginning with 1 April.

(5)

Before acting under subsection (2) the Minister must exclude from the report any matter which the Minister thinks is likely to prejudice any—

(a)

criminal investigation,

(b)

other investigation,

(c)

criminal proceedings, or

(d)

civil proceedings.

(6)

If the Minister—

(a)

excludes any matter from the report in reliance on subsection (5), and

(b)

in a subsequent financial year thinks that the excluded matter is no longer likely to prejudice the investigation or proceedings concerned,

the Minister must include the matter in the report that relates to that subsequent financial year.

70Record of exercise of functions

(1)

An authorised investigator or authorised officer must keep a written record of each exercise of a power in subsection (3) by that investigator or officer.

(2)

The record relating to a particular exercise of a power must state—

(a)

the name of the authorised investigator or authorised officer,

(b)

the power which was exercised,

(c)

the date on which the power was exercised, and

(d)

the reason the power was exercised.

(3)

The powers are—

(a)

the power to issue an information notice under section 3,

(b)

the power to apply for or execute a warrant under section 8(1) of the Police and Criminal Evidence Act 1984 (“the 1984 Act”) that is conferred by virtue of section 7,

(c)

the power to obtain access to material under section 9(1) of, and Schedule 1 to, the 1984 Act that is conferred by virtue of section 7,

(d)

the powers under section 19 of the 1984 Act (general power of seizure etc) that are conferred by virtue of section 7,

(e)

the power to apply for an order under section 8,

(f)

the power to give a recovery notice under section 11,

(g)

the power to apply for a recovery order under section 16,

(h)

the power to make a direct deduction order under section 17,

(i)

the power to make a deduction from earnings order under section 39, and

(j)

the power to impose a penalty under section 51.

71Disclosure of information etc: interaction with external constraints

(1)

This section applies in relation to any provision for the disclosure or obtaining of information made by or under this Part.

(2)

The provision does not require or authorise any 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.

(3)

The disclosure of information in accordance with the provision (as read subject to subsection (2)) 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).

(4)

The provision does not require or authorise the disclosure or obtaining of information in respect of which a claim to legal professional privilege could be maintained in legal proceedings without the agreement of the person entitled to maintain that claim.

(5)

Subsection (4) does not apply in relation to the provisions of the Police and Criminal Evidence Act 1984 as applied by section 7.

72Crown etc application

(1)

Subject to the following provisions of this section, this Part binds the Crown and applies in relation to Crown premises as it applies in relation to any other premises.

(2)

In this section, “Crown premises” means premises held, or used by, or on behalf of the Crown.

(3)

Sections 16 to 38 (recovery orders and recovery from bank accounts) and Chapter 5 (penalties) do not bind the Crown.

(4)

If the Minister or the Secretary of State certifies that it appears appropriate in the interests of national security that powers of entry conferred by this Part should not be exercisable in relation to Crown premises specified in the certificate, those powers are not exercisable in relation to those premises.

(5)

No power of entry conferred by, or by virtue of, this Part may be exercised in relation to—

(a)

land belonging to His Majesty in right of His private estates, or

(b)

premises occupied for the purposes of either House of Parliament.

(6)

In subsection (5)(a), the reference to His Majesty’s private estates is to be read in accordance with section 1 of the Crown Private Estates Act 1862.

73Public Sector Fraud Authority and transfer of functions

Schedule 2 contains provision about—

(a)

the establishment of the Public Sector Fraud Authority (“the PSFA”), and

(b)

the transfer of functions conferred by or under this Part to the PSFA or to another public authority.

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.

75Regulations

(1)

Regulations under this Part are to be made by statutory instrument.

(2)

A power to make regulations under any provision of this Part includes power to make—

(a)

consequential, supplementary, incidental, transitional or saving provision;

(b)

different provision for different purposes.

(3)

Where regulations under this Part are subject to “the affirmative procedure”, the regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

(4)

Where regulations under this Part are subject to “the negative procedure”, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament.

(5)

Any provision that may be made by regulations under this Part subject to the negative procedure may be made in regulations subject to the affirmative procedure.