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

“109DPowers of entry, search and seizure in England and Wales

(1)

This section confers functions on and in relation to authorised investigators, including by applying provisions of the Police and Criminal Evidence Act 1984 (“the 1984 Act”) with modifications.

(2)

The functions are exercisable only in relation to premises and items in England and Wales.

(3)

The provisions of the 1984 Act listed in subsection (4) apply in relation to investigations of DWP offences conducted by authorised investigators as they apply in relation to investigations of offences conducted by police officers, subject to the modifications in Schedule 3ZC.

(4)

The provisions are—

(a)

section 8(1) to (5) (power of justice of the peace to authorise entry and search of premises);

(b)

section 9(1) and Schedule 1 (special provisions as to access);

(c)

section 15 (search warrants: safeguards);

(d)

section 16 (execution of warrants);

(e)

section 19 (general power of seizure etc);

(f)

section 20 (extension of powers of seizure to computerised information);

(g)

section 21 (access and copying);

(h)

section 22 (retention);

(i)

sections 10 to 14, 23 and 118 (interpretation provisions), so far as necessary for the application of the provisions mentioned in paragraphs (a) to (h).

(5)

An authorised investigator may use reasonable force in respect of property if necessary in the exercise of a power conferred by a provision of the 1984 Act as applied by subsections (3) and (4).

(6)

Subsections (7) to (9) apply where a person has the same powers as an authorised investigator by virtue of section 16(2A) of the 1984 Act as applied by subsections (3) and (4).

(7)

Where the person is a constable, the constable may use reasonable force in respect of property or persons if necessary in the exercise of the powers.

(8)

Where the person is not a constable, the person may use reasonable force in respect of property if necessary in the exercise of the powers.

(9)

But a person may use reasonable force under subsection (8) only in the company, and under the supervision, of an authorised investigator.

(10)

For the purposes of this section and Schedule 3ZC an authorised investigator is an individual who is authorised by the Secretary of State to exercise the powers conferred by this section.

(11)

An individual may be so authorised only if the individual is an official of a government department and—

(a)

is a higher executive officer, or

(b)

has a grade that is equivalent to, or higher than, that of a higher executive officer.”