Legislation – Public Authorities (Fraud, Error and Recovery) Act 2025
Changes to legislation:
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 25:
- s. 25 coming into force by S.I. 2026/371 reg. 2(a)
Part 1Functions exercisable on behalf of public authorities
Chapter 4Methods of recovery
Recovery from bank accounts etc
25Insufficient funds
(1)
Where the amount in an account is lower than the amount to be deducted in accordance with a lump sum direct deduction order at the time that the bank is (apart from this subsection) required to make the deduction—
(a)
no deduction is to be made, and
(b)
the bank must notify the Minister as soon as possible.
(2)
Where the amount in an account is lower than the amount to be deducted in accordance with a regular direct deduction order at the time that the bank is (apart from this subsection) required to make the deduction—
(a)
the order is to be read as requiring the deduction and payment to the Minister to take place on the same day the following week, and
(b)
if, on that day, the amount in the account is lower than the amount to be deducted in accordance with the order—
(i)
no deduction is to be made, and
(ii)
the bank must notify the Minister as soon as possible.
(3)
References in this section to the amount to be deducted in accordance with a direct deduction order include any amounts to be deducted in respect of a bank’s costs by virtue of provision under section 24(1).