A Bill to make provision about the prevention of fraud against public authorities and the making of erroneous payments by public authorities; about the recovery of money paid by public authorities as a result of fraud or error; and for connected purposes.
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This is not the latest version of the Bill
Available Versions
| Date | Debate |
|---|---|
| Thursday 23rd October 2025 | 3rd reading |
| Date | Debate |
|---|---|
| Wednesday 15th October 2025 | Report stage |
| Date | Debate |
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| Wednesday 18th June 2025 | Committee stage |
| Monday 16th June 2025 | Committee stage |
| Wednesday 11th June 2025 | Committee stage |
| Monday 9th June 2025 | Committee stage |
| Wednesday 4th June 2025 | Committee stage |
| Date | Debate |
|---|---|
| Tuesday 29th April 2025 | Report stageReport Stage |
| Date | Debate |
|---|---|
| Thursday 13th March 2025 | Committee stage: 11th sitting |
| Tuesday 11th March 2025 | Committee stage: 10th sitting |
| Tuesday 11th March 2025 | Committee stage: 9th sitting |
| Thursday 6th March 2025 | Committee stage: 8th sitting |
| Thursday 6th March 2025 | Committee stage: 7th sitting |
| Tuesday 4th March 2025 | Committee stage: 5th sitting |
| Tuesday 4th March 2025 | Committee stage: 6th sitting |
| Thursday 27th February 2025 | Committee stage: 4th Sitting |
| Thursday 27th February 2025 | Committee stage: 3rd Sitting |
| Tuesday 25th February 2025 | Committee stage: 2nd Sitting |
| Tuesday 25th February 2025 | Committee stage: 1st Sitting |
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Page 1
Part 1
Functions exercisable on behalf of public authorities
Chapter 1
Key concepts
Source Bill 167 EN 2024-25
83 Subsection (1) specifies the Minister's core functions: investigating suspected fraud against public authorities, recovering the amounts mentioned in subsection (2), taking enforcement actions related to fraud against public authorities, and supporting public authorities to prevent and address fraud against them.
84 Subsection (2) defines the amounts recoverable under subsection (1) as being either an amount that has been investigated as being suspected fraud against a public authority, or any other amount which a public authority is entitled to recover in respect of fraud, and any interest the public authority is entitled to recover. These are called "recoverable amounts".
Page 2
Source Bill 167 EN 2024-25
85 This clause sets out specific conditions under which the functions conferred on the Minister and their authorised officers by this Part may be exercised, as well as detailing what remains unaffected by this Part.
86 Subsection (1) provides that the Minister of the Cabinet Office is to exercise the investigation, enforcement and recovery powers in Part 1 on behalf of another public authority only at the request of that public authority.
87 Subsection (2) states that the Minister may not act at the request of the Secretary of State with responsibility for social security, or for HMRC. This is because the intent of these measures is to be able take action outside the areas of government where most of the existing counter fraud resource is currently situated.
88 Subsection (3) allows the Minister to charge a fee for exercising functions under the Bill.
89 Subsection (4) states that "a public authority" includes the Minister of the Cabinet Office in cases of suspected fraud and recovery of money. This means that the powers in Part 1 can be used in cases of fraud arising in the Cabinet Office.
90 Subsection (5) provides that the enactment of this Part does not impact existing counter fraud investigation and enforcement functions of other public authorities. Specifically, it does not affect the entitlement of a public authority to recover an amount by means other than those provided for in this Part, nor does it replace or supersede the functions concerning fraud and the recovery of losses specific to a public authority other than the Minister.
Chapter 2
Investigatory powers
Information
Source Bill 167 EN 2024-25
91 This clause outlines the power of the Minister to require a person (which includes a body of persons corporate or unincorporate) to provide information deemed necessary for investigating suspected fraud against public authorities.
92 Subsection (1) grants the Minister the power to demand specified information from a person, if it is necessary and proportionate for investigating potential fraud and if there are reasonable grounds to suspect fraud has been committed against a public authority.
93 Subsection (2) explains that this power is exercised through the issuing of an "information notice".
94 Subsection (3) requires the information notice to identify the person suspected of committing fraud.
95 Subsection (4) details the requirements of the information notice, including the format, timeline for compliance, location for submission, and the consequences of non-compliance.
96 Subsection (5) mandates that the compliance period must be a minimum of 10 working days after the notice is issued.
97 Subsection (6) extends the Minister's power to include taking copies of information, requiring the individual to provide information in a specified form, imposing duties on the individual to retain information they already hold for longer than they would normally be required to, and explaining any failure to supply specified information.
98 Subsection (7) restricts the information notice from demanding ",excluded material" or "special procedure material", as defined under the Police and Criminal Evidence Act 1984.
99 Subsection (8) clarifies that "specified" means as detailed in the notice or falling within a described category therein.
Page 3
Source Bill 167 EN 2024-25
100 This section provides a mechanism to request a review of a decision to issue an information notice.
101 Subsection (1) allows the person receiving the information notice under clause 3 to apply for a review by the Minister.
102 Subsection (2) sets a 7day time limit for making such an application, starting from the day after the notice is given.
103 Subsection (3) mandates that where such an application has been made, the decision to give the notice must be reviewed by the Minister.
104 Subsection (4) allows the reviewing officer to either revoke, uphold, or vary the notice.
105 Subsection (5) requires the Minister to notify the applicant of the review outcome and provide a varied notice if applicable.
106 Subsection (6) specifies that the time period for complying with the information notice will start again in the event that the notice is upheld or varied on a review.
Page 4
Source Bill 167 EN 2024-25
107 This clause outlines the conditions under which information held by a public authority can be disclosed to the Minister and how information held by the Minister can be shared.
108 Subsection (1) permits a public authority to disclose information to the Minister relevant to the exercise of the Minister's core functions.
109 Subsection (2) restricts the use of this disclosed information by the Minister strictly for the purpose of exercising those core functions.
110 Under subsection (3), the Minister may disclose the information to another party if it is for the purpose of exercising the core functions.
111 Subsection (4) imposes conditions on any third-party recipient of the information, stipulating that said information must only be used for its intended purpose and cannot be further disclosed without the Minister's consent.
Source Bill 167 EN 2024-25
112 This clause amends Schedule 4 to the Investigatory Powers Act 2016, which lists relevant public authorities and designated senior officers. The amendment empowers a Senior Executive Officer (or higher grade) within the PSFA's Enforcement Unit to be able to apply to the Investigatory Powers Commissioner for authorisation to obtain communications data in the course of a criminal investigation.
Powers of entry, search and seizure etc
Source Bill 167 EN 2024-25
113 This clause extends certain provisions of the Police and Criminal Evidence Act 1984 ("PACE") to criminal investigations of fraud offences against public authorities carried out by authorised investigators, authorised by the Minister. These officers may use the PACE powers in the same way as police officers, with some modifications detailed in Schedule 1.
114 Subsection (1) provides that the listed provisions of the PACE Act apply to investigations of fraud against public authorities by authorised investigators. The specific Sections of the PACE Act that are applicable to the PSFA are summarised in the table below.
115 Subsection (2) sets out the particular provisions of PACE that the "authorised investigator" can access in criminal investigations. These are: to seek authorisation from a court (a warrant) to enter and search premises, and to execute the warrant; to apply to a court to obtain access to certain excluded material or special procedure material; to seize evidence, including computerised information, and provisions for access, copying and the retention of materials. The provisions include the safeguards for the use of these powers already in PACE and several sections of PACE which are necessary to ensure the above provisions can be applied.
116 Subsection (3) defines an authorised investigator as an individual authorised by the Minister to execute the powers granted in this clause.
117 Subsection (4) sets out that authorised investigators must be employed within the Civil Service in the Minister's Department, which is the Cabinet Office. The authorised investigators will sit within the Public Sector Fraud Authority. Authorised investigators must also be at the grade of at least Higher Executive Officer, or a grade equivalent to Higher Executive Officer.
118 The following table summarises the PACE measures which are listed in clause 7:
Provision: PACE Section 8 - (1) to (5) (power of justice of the peace to authorise entry and search of premises).
What it means: This section makes provision for an authorised investigator to apply to a court to issue a warrant that will allow for lawful entry into a premise, and search and seizure of anything for which the search has been authorised.
Provision: PACE Section 9 - (1) and Schedule 1 (special provision as to access)
What it means: Section 9(1) allows an authorised investigator to obtain access to excluded or special procedure material by making an application under Schedule 1 for a judge to issue a search warrant or a production order. Any application must demonstrate that the access conditions have been met.
Provision: PACE Section 15 (search warrants - safeguards)
What it means: This section outlines the information that an authorised investigator must provide to the court when applying for a warrant under Section 8. It also specifies the required level of information that must be included on the warrant.
Provision: PACE Section 16 (execution of warrants)
What it means: This section details requirements for the execution of warrants. A warrant may authorise other persons to accompany the authorised investigator when executing the warrant. Those persons will have the same powers as the authorised investigator in respect of executing the warrant and seizing anything the warrant relates to. This is as long as those powers are used under the supervision, and in the company, of an authorised investigator.
Provision: PACE Section 19 (general power of seizure)
What it means: This section articulates what an authorised investigator can lawfully seize when conducting a search. Authorised investigators may seize anything on the premises if they have reasonable grounds for believing that it has been obtained through the commission of an offence or that it is necessary to seize it to prevent the evidence from being concealed, lost, damaged, altered or destroyed.
Provision: PACE Section 20 (extension of powers of seizure to computerised information)
What it means: This section allows for an authorised investigator who is lawfully on a premises to require any accessible electronic information to be provided in a form in which it can be taken away.
Provision: PACE Section 21 (access and copying)
What it means: This section describes the circumstances under which an authorised investigator is required to: provide a record of what was seized; allow access to seized material under the supervision of an authorised investigator; or provide a photograph or copy of the seized material. Authorised investigators can also photograph or copy anything which they have the power to seize.
Provision: PACE Section 22 (retention)
What it means: This section outlines the conditions which apply to seized material and its retention.
Provision: PACE Sections 10 to 14, 23 and 118 (interpretation provisions)
What it means: These sections define the terms ",items subject to legal privilege", "excluded material", "personal records", "journalistic material", "special procedure material", "premises" and further general interpretation for PACE.
Page 5
Source Bill 167 EN 2024-25
119 It may not be possible or appropriate to return property to its legal owner which has come into the possession of the PSFA through the exercise of its functions under Part 1 of the Bill. This may be because the rightful owner cannot be identified or because there is no surviving owner. In some cases, it may not be appropriate to return property as it contains illicit content or could be used in the commission of an offence if it was returned. The PSFA requires a lawful way to either dispose of these kinds of property or make changes to the property to remove illicit content before it is returned to its legal owner. This will usually apply to property which had been obtained in the process of collecting evidence, but may also be property obtained by other means, including voluntary surrender by a person.
120 Subsection (1) allows a magistrates' court to order the delivery of relevant property to its rightful owner or to make other appropriate orders if the owner cannot be identified such as giving the PSFA permission to make arrangements for its destruction, subject to safeguards.
121 Subsection (2) permits the court to include in its order provisions for the minister to make necessary changes to the seized property to prevent its use in future offences.
122 Subsection (3) prohibits the destruction or disposal of property under subsection (1)(b) for a period of six months from the date of the order.
123 Subsection (4) clarifies that a first order does not forbid further applications for orders regarding the same property.
124 Subsection (5) allows the court to include provisions on when the property can be destroyed or disposed of in subsequent orders so long as this is not before the end of the period of six-months from the date of the first order.
125 Subsection (6) defines the "relevant property" as tangible property, meaning physical property, not digital property, which has come into the possession of the Minister in the course of fulfilling one of the functions under Part 1.
Page 6
Source Bill 167 EN 2024-25
126 This clause provides for the Independent Office for Police Conduct (",IOPC") to review serious complaints that could arise from PSFA's use of the PACE powers. Specifically, it amends the Police Reform Act 2002 to extend the IOPC Director General's functions to include oversight of public sector fraud investigators in respect of this Act. These amendments include allowing the Minister to issue regulations conferring functions on the Director General in relation to these investigators.
127 Additionally, it permits the sharing of information between the Director General, the relevant Minister and those who act on their behalf, and the Parliamentary Commissioner for Administration to facilitate collaborative investigations, while ensuring that the sharing of such information complies with existing data protection and investigatory powers legislation. This clause also contains definitions relevant to these new provisions, such as "public sector fraud investigators" and "data protection legislation".
Page 7
Page 8
Chapter 3
Rights to recover
Recovery of recoverable amounts
Source Bill 167 EN 2024-25
128 This clause outlines the powers granted to the Minister to act on behalf of a public authority in recovering the 'recoverable amount' as defined in clause 1(3).
129 Subsection (1) authorises the Minister to take actions such as initiating or continuing legal proceedings and exercising the specific powers in Chapter 3 to recover the recoverable amount.
130 Subsection (2) requires that any amounts recovered by the Minister are remitted back to the appropriate public authority. Where it is not clear who the funds should be returned to or the recoverable account does not belong to any one authority, the funds shall be placed in the consolidated fund. This subsection also provides that the Minister can come to an agreement with the relevant public authority that the Minister may retain some or all of the recovered amount.
Source Bill 167 EN 2024-25
131 This clause outlines the procedure for issuing a recovery notice before bringing a claim for a recoverable amount on behalf of a public authority.
132 Subsection (1) requires that the Minister issues a recovery notice to the person responsible for the recoverable amount before initiating a claim. This person is referred to as the "liable person".
133 Subsection (2) details the requirements of a recovery notice. It must state the intention to bring a claim on behalf of the public authority, the amount regarded as the recoverable amount, the reasons for these decisions, and invite the liable person to settle the amount and set out how this can be done by agreement. It also outlines further actions if the loss isn't settled and identifies a period after which a claim may proceed.
134 Subsection (3) mandates that the period stipulated in the recovery notice, after which the Minister can initiate a claim if not settled, must be a minimum of 28 days from the notice delivery.
135 Subsection (4) sets out that issuing a recovery notice counts as initiating an action for recovering the loss concerning any relevant time limits. For these purposes, the recovery notice will have the effect of issuing a 'letter before action' under the standard civil court processes.
Page 9
Source Bill 167 EN 2024-25
136 This clause limits the exercise of powers by a Minister regarding the recovery of a recoverable loss from a liable person. The Minister may only exercise these powers when the liable person consents to it (i.e., agrees that the recoverable loss is recoverable) or when a court or tribunal has made a final determination that a public authority, on whose behalf the Minister is acting, is entitled to the recoverable loss in question. This provision is intended to prevent arbitrary recovery efforts and to ensure that such actions are legally justified or mutually agreed upon.
Recovery of other amounts
Source Bill 167 EN 2024-25
137 This clause grants the Minister the authority to recover other amounts using the powers outlined in Chapter 3 concerning penalties stipulated in Chapter 5 and associated relevant costs.
138 Subsection (1) specifies that the Minister can recover penalties and relevant costs through the powers outlined.
139 Subsection (2) clarifies the terminology used within this Part: the term "amount due in respect of a penalty under Chapter 5" includes penalty-related late payment interest (as further detailed in clause 57), while "relevant costs" include court-awarded costs in claims for recoverable amounts and costs reasonably incurred by the Minister in enforcing recovery powers.
Source Bill 167 EN 2024-25
140 This clause outlines the conditions under which the Minister can exercise the power to recover an amount due concerning a penalty. The Minister may only do so if either the timeframe for appealing the penalty has expired without an appeal being made, or if any appeal has been abandoned or reached a final determination. In the case of reaching a final determination, this determination must be in favour of the Minister.
Page 10
Chapter 4
Methods of recovery
Introduction
Source Bill 167 EN 2024-25
141 This clause defines ",payable amount" as either a ",recoverable amount" (as defined in clause 1(3)), or an amount specified in clause 13(1) (i.e., a civil penalty or relevant costs). This definition serves to establish the scope of what can be considered recoverable under the provisions outlined in the Bill.
Recovery as if payable under a court order
Source Bill 167 EN 2024-25
142 This clause outlines the Minister's authority to seek a recovery order from the county court concerning a recoverable amount.
143 Subsection (1) allows the Minister to apply for such an order.
144 Subsection (2) clarifies that a recovery order serves to make the recoverable amount treated as equivalent to payments enforceable under Section 85 of the County Courts Act 1984, or to be considered as if they were ordered by the court. This ensures that recoverable amounts are enforceable through established legal channels, providing a clear route for enforcement and collection.
Recovery from bank accounts etc
Source Bill 167 EN 2024-25
145 Subsection (1) authorises the Minister to make such an order if a liable person owes an amount and holds a bank account.
146 Subsection (2) mandates that the order be communicated to the bank holding the account.
147 Subsections (3)-(5) define types of orders: regular-requiring regular deductions, and lump sum-requiring a specified amount to be deducted, and subsection (6) allows both to be issued for the same account.
148 Subsection (7) requires copies of the order to be sent to the liable person and co-holders in the case of joint accounts.
149 Subsection (8) references clauses 19-21, detailing preparatory steps before making the order. For example, the requirement to obtain information from banks, assessing the beneficial interest of monies held in a joint account (where applicable) and further considerations before making an order.
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Source Bill 167 EN 2024-25
150 This clause clarifies which accounts may be subject to an order.
151 Subsection (1) permits the Minister to make an order on an account which is held by the liable person and contains an amount which the Minister considers the liable person has a beneficial interest. The question of 'beneficial interest' is more important in the context of 'joint accounts' where it may be less obvious where the beneficial interest in any amount lies.
152 Subsection (2) allows orders on joint accounts only if the liable person does not hold a sole account that could cover the recoverable amount within a reasonable period of time.
153 Subsection (3) makes an exception to subsection (2) if all joint account holders are liable for the recoverable amount.
Source Bill 167 EN 2024-25
154 Clause 19, subsection (1) mandates that before issuing an order, the Minister must obtain and consider bank statements of the liable person's account covering a period of at least three months. The purpose of doing so is to ensure that the liable person holds an account in which a direct deduction order can be made; to determine what deductions should be made; and to determine whether the deduction would cause the liable person hardship in meeting essential living expenses.
155 Subsection (2) specifies that the Minister must issue an account information notice to the bank to obtain these statements covering a period of 3 months before the notice is given, or such longer period as may be specified in the notice.
156 Subsection (3) specifies details to include in this notice, such as the name of the liable person and the identifying details of the account (for example, account number and sort code).
157 Subsections (4) states that the Minister may only issue an 'account information notice' for the purpose of determining whether to issue a direct deduction order in respect of the account.
158 Subsection (5) outlines that the Minister may also issue a general information notice to a bank for the purpose of determining whether to issue a direct deduction order. The general information notice requires the bank to provide information on all of the bank accounts held by the liable person, including the type of account (for example, a savings account), the identifying information for them (for example, account number and sort code) and the correspondence address of the liable person. For individual accounts, the bank must also provide a balance. For joint accounts, the bank must provide the name(s) and correspondence address(es) of each account holder.
159 Subsection (6) allows more than one account information notice, or general information notice, to be given in relation to the same recoverable amount. It also allows for the Minister to give more than one account information notice in respect of the same account.
160 Subsection (7) sets out that, in both the account information notice and general information notice, the notice must set out how and when the bank is to comply with the notice; and explain that the bank may be subject to a penalty under clause 53 if it fails to do so without reasonable excuse.
161 Subsection (8) stipulates banks must comply with a notice given under this section.
162 Subsection (9) prohibits banks from notifying account holders upon receiving such notice. This is to avoid forewarning the liable person that a deduction order may be imposed and therefore to prevent them from being able to move the money out of the account.
163 Subsection (10) restricts use of the information obtained under this section for the purposes of exercising the Minister's core functions only (i.e., in the investigation of suspected fraud).
164 The later regulation making power under clause 37 will enable the Minister to set out in further detail the duties of banks in complying with a request for information, including the length of time in which the bank must respond to a request etc. This is to allow ongoing engagement with banks to incorporate ongoing feedback as powers under this section are operationalised.
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Source Bill 167 EN 2024-25
165 This clause focuses on joint accounts, requiring the Minister to assess the liable person's beneficial interest to any amount of money held in the account.
166 Subsection (2) presumes equal share unless other evidence exists as per subsection (3).
167 Subsection (4) mandates that when the Minister is making an assessment as to the liable person's beneficial interest, the Minister must have regard to the bank statements obtained for the account in clause 19, and any response (i.e., representations from the liable person or joint account holder) to a notice under clause 21. For the purposes of the bank statements obtained, the Minister must have regard to the most recent bank statements obtained, i.e., in the case where multiple bank statements may have been obtained in respect of the account.
Page 13
Source Bill 167 EN 2024-25
168 This clause details the further prerequisites and considerations that must be taken into account before such an order is made.
169 Subsection (1) requires that the Minister issues a notice (the 'first notice') to the bank, the liable person, and any joint account holders: (a) identifying the account to be subject to the proposed order; (b) stating the amount that is recoverable (c) setting out the terms of the proposed order; and (d) if the account is a joint account, setting out the Minister's duty to make an assessment as to the liable person's beneficial interest to any money in the account and the presumption that applies under clause 22.
170 Subsection (2) states that the notice must also invite the liable person, and if relevant the joint account holder, to make representations about the terms of the proposed order. In the case of joint accounts representations can also be made about the liable person's beneficial interest in any amounts held in the account. For the purposes of making representations, the liable person will also be able to provide evidence in support.
171 Subsection (3) sets out the means by which, and the period within which, the representations must be made. For these purposes, subsection (4) details that the period given must be at least 28 days after the day on which the first notice is given.
172 Subsection (5) sets out that the Minister must consider any representations made. In light of these representations, the Minister must then make the assessment as to the beneficial interest of monies held in a joint account (if applicable), and in all cases, decide whether, and in what terms to make the final direct deduction order in respect of the account.
173 Subsection (6) sets out that the first notice may be given to the bank before the notice is given to the liable person (and joint account holder, if relevant). The purpose of doing this is to ensure that the restriction on the account can be put in place before the liable person becomes aware of the terms of the proposed order. The reason for doing so is again to avoid forewarning the liable person and giving them an opportunity to remove the monies from the account.
174 Subsection (7) states that where the first notice has been given to the bank in advance under subsection (6), then the notice must be given to the liable person (and joint account holder) as soon as reasonably practicable afterwards.
175 Subsection (8) sets out what happens in the event the Minister decides not to proceed with making a final direct deduction order. In this case, the Minister must, as soon as reasonably practicable, notify the liable person (and any joint account holder) and the bank from which the proposed order was going to be made. This is to ensure that where the Minister does decide not to proceed, any restrictions on the account can be promptly removed.
176 The later regulation making power under clause 37 will enable the Minister to set out in further detail the duties of banks in complying with the direct deduction order, including the length of time in which the bank must respond to a request etc. This is to allow continuing engagement with banks to incorporate ongoing feedback as the direct deduction order powers are operationalised.
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Source Bill 167 EN 2024-25
177 This clause prescribes the conditions under which the Minister may make a direct deduction order ("DDO").
178 Subsection (1) makes it clear that a DDO may only be made where it is fair to do so and will not result in hardship in meeting essential living expenses for the liable person, any joint account holder, or any dependent party (whether financially dependent or otherwise). In order to be satisfied whether to make the order, the Minister must have regard to the information received by virtue of clauses 19 and 21.
179 The provisions of subsection (3) set out that under a regular direct deduction order, the amount deducted from an account during any period of 28 days cannot exceed 40% of the amounts credited to the account in the relevant period where the Minister is satisfied on a balance of probabilities there has been fraud under subsection (4). Where this is not the case (for example, where the person received the recoverable amount through error), only 20% of the amounts credited to the account in the relevant period may be deducted.
180 Subsection (5) defines the 'relevant period' as being the period for which bank statements have been obtained.
181 Subsection (6) states that the Minister must ensure that the total amount to be deducted and paid to the Minister does not exceed the payable amount to which the order relates. This is to ensure the correct amount of deductions are made at all times.
182 In accordance with subsection (7) an order cannot require a deduction is made on a non-working day i.e., Saturday, Sunday or a bank holiday. Where an order is made requiring payment on a non-working day, the obligation to make the deduction and the payment applies in relation to the next working day after that.
183 Clause 37 allows the Minister to make further provision in regulations relating to how the amount of deductions is calculated and in further considering the question of causing a liable person hardship. This is intended to bring the provisions in line with the increase or decrease in inflation and when what constitutes 'essential living expenses' changes in the future.
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Source Bill 167 EN 2024-25
184 This clause specifies the contents and effect of both regular and lump sum direct deduction orders and the requirements for banks' compliance.
185 Both regular direct deduction orders and lump sum direct deduction orders must specify the amounts, or a method for calculating the amounts, to be deducted, and when. Subsection (3) also specifies that a regular deduction may specify different amounts, or different methods, to be deducted at different times.
186 Deductions may not be made until 28 days after an order has been made, this allowing the person the requisite time in order to request a review under clause 34. Subsection (5) states that the bank must comply with the order.
187 In accordance with subsection (6) an order cannot require a deduction is made on a non-working day i.e., Saturday, Sunday or a bank holiday. Where an order is made requiring payment on a non-working day, the obligation to make the deduction and the payment applies in relation to the next working day after that.
Source Bill 167 EN 2024-25
188 This clause allows banks to recover reasonable administrative costs associated with implementing the orders, in accordance with potential further regulations (see clause 37). This allows the bank to deduct their costs to which they are entitled immediately prior to making the direct deduction order.
189 In considering the deductions made under the final direct deduction order, under subsection (3) the Minister must take into account any deductions to be made by the bank for their administrative costs.
190 The later clause 37 contains power for the Minister to make further provision through regulations as to the administrative charges that can be imposed by the banks. This power will be used to introduce a cap on the charges which can be imposed under this clause that can be adjusted in line with inflation and to ensure that the charges remain at all times reasonable.
Source Bill 167 EN 2024-25
191 This clause set outs the circumstances where there are insufficient funds in an account in order to deal with a direct deduction order.
192 Under subsection (1), where the amount in an account is lower than the amount specified in, or calculated in accordance with, a lump sum direct deduction order, then no deduction is to be made, and the bank must notify the Minister as soon as possible.
193 Under subsection (2), where an amount is lower in the case of a regular direct deduction order, the order is to be read as requiring the deduction to be made on the same day the following week. If on that day the amount is still lower, then no deduction is to be made, and the bank must notify the Minister as soon as possible.
194 Subsection (3) sets out that where references are made to an amount to be deducted in accordance with a direct deduction order this includes any amount to be deducted in respect of the bank's administrative costs under clause 24.
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Source Bill 167 EN 2024-25
195 This clause introduces restrictions on accounts to maintain the balance required for deduction orders, with provisions to prevent closure or transactions that would reduce the balance below specified amounts.
196 Subsection (1) specifies that, upon receiving a first notice or a direct deduction order, the bank must ensure that the account in question is not closed. For lump sum direct deduction orders, the bank must also ensure that the amount in the account does not fall below the specified amount.
197 Subsection (2) allows the bank to transfer the anticipated value of a lump sum direct deduction order to a "hold account", to ensure that the amount is protected.
198 Subsection (3) states that, when a bank does transfer funds to a hold account, the direct deduction order payments should be taken from that account.
199 Subsection (4) requires that the bank does not cause any disadvantage to the liable person, or any other account holders, when they transfer money to a hold account rather than secure it within the liable person's main account.
200 Subsection (5) sets out that the requirements for a bank to keep an account open and to maintain a particular balance as outlined in subsection (1) do not apply when the decision is made not to make, or to revoke, a direct deduction order, or after the specified amount (outlined in subsection (6) as pertaining to the amount in the first notice) required in a direct deduction order has been paid to the Minister.
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Source Bill 167 EN 2024-25
201 This clause imposes restrictions on account holders to prevent them from doing anything which may frustrate the effect of the first notice or the direct deduction order.
202 Subsection (2) specifies that under the first notice these restrictions cease to apply when a decision is made not to make the order, or once a final direct deduction order has been imposed. In the case of the final direct deduction order the restriction will cease when that order is revoked.
203 Subsection (3) clarifies that the reference to frustrating the effect of the first notice under subsection (1), this means frustrating the effect of the proposed direct deduction order.
Source Bill 167 EN 2024-25
204 This clause defines the ability for the liable person (or joint account holder) to apply to the Minister to vary the direct deduction order during its lifetime. This is to allow the liable person (or a joint account holder) to notify the Minister of any changes in circumstance since the initial order was made.
205 Under subsection (2) in the case of a joint account, where an application is made, the Minister must give an opportunity for the other joint account holders to make representations.
206 Subsection (3) stipulates that the Minister must notify the applicant, and where appropriate any joint account holders, of the Minister's decision on the application.
Source Bill 167 EN 2024-25
207 This clause concerns the variation of direct deduction orders. Subsection (1) allows the Minister to issue a revised order (whether on an application by an account holder or otherwise).
208 Subsection (2) states that the provisions under this clause apply in relation to any variation of a direct deduction order, including one that results from a review under clause 34.
209 Subsection (3) specifies that the Minister must give the liable person (and joint account holders, if relevant) the opportunity to make representations on the terms of the proposed variation.
210 Subsection (4) allows the Minister to comply with the above subsection (3) at the same time as complying with clause 28(2). This will allow the Minister to take and consider representations for both the application to vary an order at the same time as any representations to vary the order.
211 Subsection (5) stipulates that the variation to a direct deduction order will take effect when the Minister gives the varied order to the bank or, if later, in accordance with the terms of the order as varied.
212 Subsection (6) requires the distribution of this revised order to the necessary parties.
213 Subsection (7) allows the Minister to vary a direct deduction order to apply it to another account held by the liable person if the request is made to do so by them, or if the other account is a joint account, the other joint account holder's consent.
214 Subsection (8) details what happens when a direct deduction order is varied to apply to an account administered by a different bank or to apply to a joint account.
215 Subsection (9) sets out that the steps under clauses 19 to 21 do not need to be carried out again when considering to vary an order.
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Source Bill 167 EN 2024-25
216 This clause provides for the revocation of direct deduction orders. Subsection (1) gives the Minister the authority to revoke these orders.
217 Subsection (2) obliges revocation upon the recovery of debts or the death of the liable person. Subsection (3) stipulates that notification of revocation is required to be given to the bank and the other account holders involved, where relevant.
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Source Bill 167 EN 2024-25
218 This clause sets out further information notices. Subsection (1) describes the Minister's ability to request information from a bank to assess whether changes to an order are required. Subsection (2) applies certain provisions from clause 19. Subsection (4) allows these notices to be issued before or after the Minister provides the liable person and any joint account holder the opportunity to make representations on the proposed variation.
Source Bill 167 EN 2024-25
219 This clause defines the circumstances under which the operation of direct deduction orders is suspended. Subsection (1) outlines that the Minister can at any time suspend and restart the operation of a regular direct deduction order by notifying the bank. Subsection (2) outlines the requirement for giving notification to account holders of any suspension or restart.
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220 This clause sets out what happens when a liable person dies during the period of a direct deduction order. It sets out that once the bank becomes aware of the liable person's death, the requirements of the order cease to have effect.
Source Bill 167 EN 2024-25
221 This clause introduces a process for review of deduction orders by an authorised officer of a higher grade than the original decision maker upon application by relevant parties. A review may be requested when the direct deduction order is made, when the order is varied or when the Minister decides not to vary a deduction order in response to an application under clause 28.
222 Under subsection (3), the period for requesting a review is 28 days, beginning with the day after which the varied order or notice is given.
223 Subsection (4) prevents an application made for a review being brought on any grounds relating to the existence of a payable amount (unless that amount is stated incorrectly in the order).
224 Subsection (5) sets out that once a review is requested, the Minister must review the decision in question.
225 Subsection (6) details that following a review the decision can be upheld, varied, or revoked, with notifications of outcomes as appropriate under subsection (7).
226 Subsection (8) refers to clause 29 for provisions about varying a direct deduction order. This is relevant as the Minister will need to allow for the liable person or any joint account holder to make representations in accordance with clause 29(2).
Source Bill 167 EN 2024-25
227 This clause outlines the right of appeal against the imposition of a direct deduction order to the First-tier Tribunal following a review.
228 Subsection (2) prohibits a relevant person from bringing an appeal unless they have first applied for a review under clause 34 and been notified of the outcome of the review. However, this does not apply where an order is varied on review. Relevant persons are given the meaning under clause 34(2).
229 Subsection (4) sets out that the time for bringing an appeal shall be 28 days beginning with the day after which the Minister complies with clause 34(7).
230 Under subsection (5), the specified grounds must not relate to the existence or amount of a payable amount, unless the payable amount has been incorrectly stated on the order, as the recoverable amount would either have been agreed by the liable person following the recovery notice or determined in a court of tribunal.
231 Under subsection (6) the First-tier Tribunal shall have the power to suspend the requirement on a bank to comply with an order for some or all of the time until the appeal has been finally determined.
232 Subsection (7) details that following an appeal the First-tier Tribunal may amend, revoke, or dismiss the appeal.
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233 This clause defines key terms within the legislation, such as definitions for "bank" and the relevant enactments that apply when concerning the definition of banks. The drafting has provided scope to capture standard high street banks, as well as electronic money service providers such as PayPal, Revolut, etc.
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Source Bill 167 EN 2024-25
234 This clause sets out that the Minister is able to make further provision about direct deduction orders.
235 Subsection (2) sets out that these regulations may include: (a) how notices and orders are to be given by the Minister (b) how notices and information is to be given to the Minister (c) the calculation of amounts to be deducted (d) the duties of banks in relation to direct deduction orders (e) the costs in which a bank may recover under clause 24 or from the Minister and (f) the interaction between similar orders. These regulations are subject to the negative procedure under subsection (9).
236 For the purposes of (a), (b), (d) and (e) there is a requirement under subsection (5) to consult with the banking sector before introducing regulations.
237 Subsection (3) allows the Minister to make regulations to apply clauses 17 to 36 to other types of person who provide financial products or services in the future. The purpose of this power is so that the powers can be applied to new forms of banking in the future, such as if cryptocurrencies were to become regulated by the government. This power is subject to the affirmative procedure under subsection (8) along with a duty to consult banks before introducing regulations under subsection (6).
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Deduction from earnings
Source Bill 167 EN 2024-25
238 This clause sets out the provisions, process, and requirements associated with deduction from earnings orders. These orders serve as a mechanism for recovering amounts from liable individuals who are employed.
239 Subsection (1) states that the Minister has the authority to initiate a deduction from earnings order when a recoverable amount is due from an employed liable person.
240 Subsection (2) specifies that a deduction from earnings order compels an employer to deduct specified amounts from the liable person's earnings and remit those amounts to the Minister.
241 Subsections (3) and (4) are self-explanatory.
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Source Bill 167 EN 2024-25
242 This clause defines the content and effect of deduction from earnings orders.
243 Subsection (1) sets forth the information that must be included, such as deduction amounts, calculation methods, payment schedules, and penalties for non-compliance.
244 Subsection (2) is self-explanatory.
245 Subsection (3) prohibits deductions before 22 days after the order being provided to the employer.
246 Subsection (4) obligates employers to comply with the order.
Source Bill 167 EN 2024-25
247 This clause details the prerequisites before making a deduction from earnings order, including notifying the liable person and inviting representations about the proposed order.
248 Subsection (1) details that before making an order they must be given an opportunity to make representations. Subsection (2) sets out that the notice must include the terms of the proposed order, a statement of the amount that is recoverable and the means by, and period within which, representations may be made. This period must be at least 28 days from the date of the order.
249 Subsection (4) outlines that the Minister must consider any representations made and may change the terms of the proposed order as a result.
250 Subsection (5) states that the Minister must also provide a copy of the notice to the liable person's employer.
251 Subsection (6) requires the Minister to then notify the liable person and their employer if they decide not to make the order.
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252 Subsection (1) states that an order may only be made if the Minister is satisfied that it won't cause the liable person or their dependents to suffer hardship in meeting ordinary living expenses. The order must also be fair. Subsection (2) is self-explanatory.
253 Subsection (3) and (4) limit deductions to 40% of net earnings to recover amounts relating to fraud, and 20% for all other circumstances.
254 Subsection (5) ensures deductions do not exceed the recoverable amount. Subsections (6) to (8) discuss the making of regulations for calculating deductions and addressing hardship. This is subject to the negative procedure. This will allow for the way deductions are calculated to be updated in line with inflation, and to further ensure that 'essential living expenses' are reflective of what constitutes essential living expenses at the relevant present time.
255 Subsection (9) defines "net earnings" for the purposes of this clause. They are defined as earnings after the following have been deducted: income tax; primary Class 1 national insurance contributions; and any pension scheme payments.
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256 This clause sets out provisions related to deductions from earnings orders, particularly concerning the employer's role and related costs.
257 Subsection (1) allows for such an order to instruct the employer to deduct an amount, either specified or calculated as per the order, from an employee's earnings. This deduction is intended to cover costs reasonably incurred by the employer in fulfilling the order.
258 Subsection (2) mandates that in adhering to the requirements of clause 39(1) and (3) concerning a deduction from earnings order, the Minister must consider the deductions made by the employer under subsection (1).
259 Subsection (3) authorises the Minister to establish regulations regarding the costs described in subsection (1). This power will be used to introduce a cap on the charges which can be imposed under this clause that can be adjusted in line with inflation and to ensure that the charges remain at all times reasonable.
260 Subsection (4) states that any regulations created under this section will be subject to the negative procedure, meaning they will automatically become law without debate unless there is an objection.
Source Bill 167 EN 2024-25
261 This clause sets out the circumstances under which the operation of direct deduction orders is suspended. Subsection (1) has the effect that the Minister may at any time suspend and restart the operation of a deduction from earnings order by notifying the employer. Subsection (2) sets out the requirement for giving notification to the liable person of any suspension or restart.
Source Bill 167 EN 2024-25
262 This clause outlines the processes for communicating changes related to when the liable person leaves or starts new employment. Subsection (1) mandates that a liable person informs the Minister of employment changes within 7 days, including providing information on their expected earnings from the new employment (under subsection (2)).
263 Under subsection (3) new employers, aware of such an order, must also notify the Minister within the same timeframe.
264 Subsection (4) and (5) further sets out what happens when the employee ceases to be employed by the employer subject to the order. This stipulates that the employer must notify the Minister within the period of 10 days beginning with the day on which the liable person leaves employment.
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Source Bill 167 EN 2024-25
265 This clause details the ability for the liable person to apply to the Minister to vary the deduction from earnings order during its lifetime. This is to allow the liable person to notify the Minister of any changes in circumstance since the initial order was made.
266 Under subsection (2) the Minister must notify the liable person of the Minister's decision.
Source Bill 167 EN 2024-25
267 This clause sets out the processes for varying changes related to deduction from earnings orders.
268 Subsection (2) sets out that should an order be varied, the liable person must be given an opportunity to make representations regarding the proposed changes. If an order is revised, then the liable person and their employer must be notified.
Source Bill 167 EN 2024-25
269 This clause enables the Minister to revoke an order, and under subsection (2) must do so if the recoverable amount has been recovered. Under subsection (3) where the order has been revoked a notice must be given to the employer and liable person.
Source Bill 167 EN 2024-25
270 This clause defines the processes for a liable person to request a review of a deduction from earnings order.
271 Subsections (1) and (2) allow a review to be requested where the Minister makes the deduction from earnings order, varies an order, or decides not to make an order to vary upon an application under clause 45. Subsection (3) allows a liable person to apply for a review of the order or notice within 28 days of receiving it.
272 Pursuant to subsection (4), a review cannot be based on the existence or amount of a payable amount (unless the amount is said to be incorrectly stated in the order).
273 Under subsection (5) the review must be conducted by the Minister.
274 Under subsection (6) the Minister may uphold, vary or revoke the order, and under subsection (7) the Minister is required to notify the liable person and their employer of the review's outcome.
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275 This clause sets out the process for appealing changes related to deduction from earnings orders.
276 Subsection (1) provides for an appeal to the First-tier Tribunal against the deduction from earnings order, the variation of the order, or a refusal to vary an order after an application under clause 45.
277 Under subsection (2) the liable person cannot bring an appeal unless they have applied for a review and been notified of its outcome. An appeal must be lodged within 28 days of the review outcome notification (subsection (4)) and the liable person is restricted from challenging the existence or amount of a recoverable loss or penalty notice issuance (subsection (5)).
278 The First-tier Tribunal shall have the power to suspend the requirement on a bank to comply with an order for some or all of the time until the appeal has been finally determined (subsection (6)).
279 The Tribunal may vary, revoke the order, or dismiss the appeal (subsection (7)).
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Chapter 5
Civil penalties
Source Bill 167 EN 2024-25
280 This clause grants the Minister the power to impose penalties on a person. The Minister must be satisfied that, on the balance of probabilities, the person has carried out, or conspired to carry out, fraud to either gain an incorrect payment, or assist another person in doing so, or that a fraud has resulted in a loss to a public authority. The decision to impose a penalty must be made by an authorised officer.
Source Bill 167 EN 2024-25
281 This clause outlines the circumstances under which penalties may be imposed on an individual within a body, where that body is liable to receive a penalty.
282 Subsection (1) provides that subsection (2) is applicable when a body is liable to receive a penalty under clause 50 by reason of anything which the Minister finds, on the balance of probabilities, was consented to or connived by a relevant individual in relation to the body, or an individual purporting to act as a relevant individual.
283 Subsection (2) allows the Minister to impose a penalty on the individual as well as the body when the conditions in subsection (1) are met.
284 Subsection (3) provides the definition for "relevant individual," detailing the roles and positions within various types of organisational structures-such as corporations, partnerships, and unincorporated associations whose occupants may be subject to penalties if they exercise management functions.
Source Bill 167 EN 2024-25
285 This clause sets the maximum amount of a penalty that can be applied for fraud. Subsection (1) specifies that any penalty levied under section 50 (1)(a) cannot exceed 100% of the incorrect payment to which it relates.
286 Subsection (2) relates to instances where a penalty is applicable under section 50 (1)(a) but the conduct has not led to a person receiving an incorrect payment. In such instances, the penalty may not exceed 100% of the amount which the Minister considers the payment would have been had it been received.
287 Subsection (3) addresses penalties under section 50(1)(b), stating that the penalty must not exceed the greater of 100% of the loss incurred by the public authority or, if higher, 100% of the benefit obtained by the individual as a result of the fraud in question.
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288 This clause allows the Minister to impose a penalty for a failure to comply with a requirement imposed by or under Chapters 2 or 4, concerning investigatory powers and recovery, respectively. The decision to impose such a penalty must be made by an authorised officer. A failure to comply with a requirement imposed by or under Chapter 2 may include: non-compliance with an information notice, using information shared by the Minister for purposes other than the purpose for which it was disclosed (without the consent of the Minister), or disclosing information received from the Minister to another person without the consent of the Minister. In relation to Chapter 4, a penalty may be imposed for a failure to comply with a requirement which may include: a bank failing to comply with an information notice request; a bank failing to comply with the terms of a direct deduction order; a liable person doing something to frustrate the effect of a direct deduction order; or an employer failing to comply with a deduction from earnings order.
Source Bill 167 EN 2024-25
289 This clause extends the imposition of penalties to relevant individuals within bodies that, without reasonable excuse, fail to comply with the requirements mentioned in clause 54. If a body is non-compliant and a relevant individual failed to prevent this non-compliance, without reasonable excuse, both the body and the individual may be penalised. The term "relevant individual" is defined in clause 51.
Source Bill 167 EN 2024-25
290 This clause specifies the amount of penalty that may be imposed for failing to comply with requirements imposed by or under Chapter 2 or Chapter 4. Subsection (1) specifies that the penalty for non-compliance with a requirement to provide information must be calculated based on a daily rate of £300.
291 Subsection (2) specifies that for non-compliance with any other requirement imposed by or under Chapter 2 or Chapter 4, the penalty must be a fixed amount of £300.
292 Subsection (3) specifies that the daily rate in subsection (1) will be applied for each day the failure continues, commencing on the day after the deadline for compliance passes.
293 Subsections (4) and (5) give the Minister power to amend the penalty amounts in this clause by regulations to reflect monetary value changes, with such regulations subject to the negative procedure.
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294 This clause, along with clauses 57 and 58, outlines the steps required before the Minister may impose a penalty.
295 Subsection (2) requires that a notice of intent be given to any person facing a penalty, inviting them to make representations.
296 Subsection (3) specifies the information that must be included in the notice of intent.
297 Subsection (4) mandates a minimum period of 28 days during which individuals and businesses may make representations.
298 Subsection (5) obliges an authorised officer to consider any representations made and decide accordingly about any impact on the proposed penalty.
299 Subsection (6) ensures that if a decision is made that a penalty will not be imposed, a notice to that effect must be given.
Source Bill 167 EN 2024-25
300 Subsection (1) provides that a penalty decision notice must be issued where an authorised officer has decided that a penalty should be imposed.
301 Subsection (2) specifies the mandatory content of a penalty decision notice, including that recipients have 28 days to request a review of the decision to issue the penalty decision notice.
302 Subsection (3) ensures that, if a review is requested within the 28 days, a penalty may not be imposed until after the review has been carried out.
303 Subsection (4) states that if no review is requested, the penalty may be imposed after the stipulated 28-day period.
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304 Subsection (1) is self-explanatory.
305 Subsection (2) specifies the three possible outcomes of a review.
306 Subsection (3) requires that, if the decision to uphold the penalty is made, the Minister must issue a notice to that effect, noting the right to appeal under clause 60.
307 Subsection (4) requires that, if a decision to cancel a penalty decision notice is made, the Minister must issue a notice to that effect.
Source Bill 167 EN 2024-25
308 Subsection (1) confirms that penalties are imposed via the issue of a penalty notice requiring a person to pay a specified amount to the Minister on or before a specified day.
309 Subsection (2) prohibits issuing a person with more than one penalty for the same fraud or failure to comply.
310 Subsection (3) provides that where a person has received a penalty notice under section 53, and the penalty is based on a daily rate, each day they fail to provide the information is considered a separate omission.
311 Subsection (4) clarifies that 'specified' in subsection (1) means specified within the penalty notice.
Source Bill 167 EN 2024-25
312 Subsection (1) grants the right to appeal to an appropriate court (defined in subsection (9)).
313 Subsection (2) specifies the timeframe for filing an appeal.
314 Subsection (3) provides that the appropriate court may vary, uphold, or revoke a penalty.
315 Subsections (4) and (5) clarify the appropriate court's role where court proceedings other than an appeal against a penalty notice have reached a final determination on the question of whether the person to whom the notice was given carried out or conspired to carry out the fraud to which the penalty notice relates. For the purposes of the appeal against a penalty notice, that final determination is determinative as to whether fraud was committed.
316 Subsections (6), (7) and (8) give the Minister power to make further provisions about appeals against penalty notices by way of regulations, subject to the negative procedure. This power does not allow the Minister to repeal the right of appeal.
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317 This clause outlines the circumstances in which interest may be payable on monetary penalties.
318 Subsection (1) states that late payment interest is applied daily from the interest start day until payment is made.
319 Subsection (2) defines the interest start day as the day after the due date specified in the penalty notice.
320 Subsection (3) determines the interest rate as 2.5 percentage points above the Bank of England's rate applicable to the day.
321 Subsection (4) confirms that the Bank of England's rate is as determined by the most recent meeting of the Bank's Monetary Policy Committee prior to the day.
322 Subsection (5) clarifies that interest does not accrue on the late payment interest itself, i.e., there is no compound interest.
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323 This clause mandates the issuance of a code of practice for penalty administration.
324 Subsection (1) mandates that the Minister must issue a code of practice regarding how penalties will be administered, including how decisions will be made to issue penalties and how amounts will be determined.
325 Subsection (2) mandates that the code of practice must include provision regarding penalty discounts due to cooperative conduct by the person on whom the penalty is imposed.
326 Subsection (3) allows the Minister to revise or reissue the code.
327 Subsection (4) mandates that the Minister must lay the code, or any revised or reissued code, before Parliament.
Source Bill 167 EN 2024-25
328 This clause outlines the relationship between penalties and criminal proceedings, ensuring a person is not penalised twice for the same act or omission.
329 Subsection (1) prohibits issuing a penalty notice if a person has been found guilty of an offence related to the same act or omission.
330 Subsection (2) prevents a person from being found guilty of an offence if a penalty has already been paid in response to a penalty notice given in relation to the same act or omission.
Chapter 6
General
Source Bill 167 EN 2024-25
331 This clause mandates the appointment of an independent person to review the exercise of the powers conveyed in this legislation. An independent person can refer to an individual, office or body. In respect of this clause the intention is, in addition to reviews by other statutory bodies as applicable, create a new Independent Chair, to whom a new internal oversight team will report.
332 Subsection (1) requires the Minister to appoint an independent person for conducting such reviews.
333 Subsection (2) specifies that following each review, a report must be prepared and submitted to the Minister, while subsection (3) obligates the Minister to publish the report and lay a copy before Parliament.
334 Subsection (4) defines the nature of the reviews. They should consider whether the exercise of the powers is in keeping with the legislation, codes of practice and relevant guidance, as well as being effective in pursuit of meeting the core functions of the bill: investigating suspected fraud against public authorities; recovering relevant amounts in respect of a public authority's losses; and taking enforcement action in connection with fraud against public authorities.
335 Subsection (5) mandates the independent person to include in their report any recommendations they feel appropriate from said review.
336 Subsection (6) defines the terms in this clause.
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Page 36
Page 37
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Part 2
Social security etc
Chapter 1
Powers to require information
Page 39
Page 40
Page 41
Page 42
Page 43
Chapter 2
Powers of entry, search and seizure etc
Page 44
Page 45
Page 46
Page 47
Page 48
Page 49
Chapter 3
Further provision relevant to investigatory powers
Page 50
Page 51
Page 52
Chapter 4
Overpayments: recovery and enforcement
Page 53
Page 54
Page 55
Page 56
Page 57
Page 58
Page 59
Chapter 5
Offences and penalties etc
Page 60
Page 61
penalty
Part 3
General
Page 62
Page 63
Page 64
Page 65
Schedules
Fraud against public authorities: Police and Criminal Evidence Act 1984
powers
Introduction
General modifications
Specific modifications
Page 66
The Public Sector Fraud Authority
Part 1
Establishment
Page 67
Part 2
Constitution etc
Constitution
Appointment of non-executive members
Appointment of executive members
Interim chief executive
Appointment of members: eligibility
Page 68
Terms of membership
Non-executive members: payments
Staffing
Page 69
Discharge of functions etc
Procedure
Annual report
Page 70
Seal and evidence
Supplementary powers
Transfer schemes
Page 71
Amendments to other enactments
Page 72
“Fraud against the public sector
Part 3
Transfer of functions etc
Page 73
Eligibility verification etc
Part 1
Eligibility verification
Eligibility verification
Part 1
Power to require information
Power to require information by way of an eligibility verification notice
Page 74
Types of person to whom an eligibility verification notice can be given
Page 75
Eligibility indicators
Further provision about eligibility verification notices
Page 76
Use of information obtained
Restrictions on processing and data protection
Page 77
Part 2
Penalties
Fixed penalty for failure to comply with an eligibility verification notice
Page 78
Daily rate penalty for continuing failure to comply
Increased daily rate penalties
Page 79
Penalties for inaccurate or prohibited information
Page 80
Recovery of penalties
Power to change maximum amount of penalties
Page 81
Part 3
Reviews
Part 4
Appeals
Appeals against eligibility verification notices
Page 82
Appeals against penalty notices
Appeals: further provision
Page 83
Part 5
Code of practice
Requirement to issue a code of practice
Code of practice: revisions
Page 84
Part 6
General provision and interpretation
Relevant benefits
Accounts
Page 85
Service
General interpretation
Page 86
Page 87
Relationship with other powers
Part 2
Proceeds of Crime Act 2002
Page 88
Social security fraud: search and seizure powers etc
Entry, search and seizure etc: England and Wales
Introduction
General modifications
Specific modifications
Page 89
Page 90
Entry, search and seizure etc: Scotland
Part 1
Normal material
Warrants for entry, search and seizure etc
Page 91
Powers exercisable under a warrant
Execution of warrants
Page 92
Seizure of items
Page 93
Return of warrant etc
Authorised investigators
Page 94
Part 2
Special procedure
Production orders
Page 95
Warrants
Page 96
Part 3
General
Procedural rules
Interpretation
Page 97
Recovery from bank accounts etc
Recovery of amounts from bank accounts etc
Part 1
deductions from accounts
Direct deduction orders
Accounts which may be the subject of a direct deduction order
Page 98
Requirement for banks to provide information
Page 99
Joint accounts
Page 100
Further requirements before making a direct deduction order
Page 101
Amounts of deductions
Content and effect of direct deduction orders
Page 102
Bank’s administrative costs
Insufficient funds
Non-working days
Page 103
Restrictions on accounts
Page 104
Applications to vary
Variation
Page 105
Revocation of direct deduction order
Further information notices
Page 106
Suspending of direct deduction orders
Cessation on death of liable person
Reviews
Page 107
Appeals
Page 108
Part 2
Penalties
Penalties for failure to comply
Recovery of penalties
Appeal against a penalty notice
Page 109
Part 3
General
Interpretation
Page 110
Regulations
Page 111
Disqualification from driving
Disqualification from driving
Suspended DWP disqualification orders
Page 112
Immediate DWP disqualification orders
Page 113
Terms of repayment
Variation and revocation of orders
Page 114
Holding of driving licence for period of disqualification
Appeals
Page 115
DWP disqualification orders: further provision
Information sharing
Page 116
Northern Ireland licences
No amendments available.