Public Authorities (Fraud, Error and Recovery) Act 2025

To move the following Clause— “Recovery of overpayments of Carer’s Allowance

Clause 103, page 63, line 26, leave out from start to “following” in line 29 and insert— “Subject to subsections (1A) and (2), this Act comes into force on such day as the Secretary of State or the Minister for the Cabinet Office may by regulations appoint.

To move the following Clause— “Report on cost implications for banks

To move the following Clause— “Publication of results of pilot schemes

To move the following Clause— “Impact of Act on vulnerable customers

Clause 103, page 63, line 35, at end insert— “(3A) Before bringing into force any of the provisions of Part 1 of this Act, the Secretary of State must consult with banks as to the costs which will be incurred by banks upon application of the provisions of Part 1.

To move the following Clause— “Impact of Act on people facing financial exclusion

To move the following Clause— “Annual reporting of amounts recovered

To move the following Clause— “Offence of fraud against a public authority

Clause 3, page 2, line 36, at end insert— “(c) the information is likely to relate to the suspected fraud, and

To move the following Clause— “Application of the Police and Criminal Evidence Act 1984 to investigations conducted by the Department for Work and Pensions

Schedule 5, page 101, line 17, leave out from “exceed” to the end of line 18 and insert— “ <span class="sub-para subsection"><span class="sub-para-num">(a)</span><span class="sub-para-text">in a case to which sub-paragraph (3A) applies, the amounts credited to the account in the relevant period, or</span></span>

To move the following Clause— “Audit of algorithmic systems used in relation to Carer’s Allowance overpayments

To move the following Clause— “Overpayments made as a result of official error

To move the following Clause— “Publication of an Anti-Fraud and Error Technology Strategy

To move the following Clause— “Liability orders

To move the following Clause— “Inclusion of systems within the Algorithmic Transparency Reporting Standard

To move the following Clause— “Review of whistleblowing processes in relation to public sector fraud

To move the following Clause— “Offence of encouraging or assisting others to commit fraud

To move the following Clause— “Duty to consider domestic abuse risk to holders of joint accounts

To move the following Clause— “Recovery of overpayments of Carer’s Allowance

To move the following Clause— “Inclusion of systems within the Algorithmic Transparency Reporting Standard

To move the following Clause— “Audit of algorithmic systems used in relation to Carer’s Allowance overpayments

To move the following Clause— “Duty to consider domestic abuse risk to account holders

To move the following Clause— “Impact of Act on people facing financial exclusion

To move the following Clause— “Review of whistle blowing processes in relation to public sector fraud

To move the following Clause— “Overpayments made as a result of official error

To move the following Clause— “Publication of results of pilot schemes

To move the following Clause— “Impact of Act on vulnerable customers

To move the following Clause— “Devolved benefits

To move the following Clause— “Liability orders

To move the following Clause— “Annual reporting of amounts recovered

To move the following Clause— “Report on cost implications for banks

To move the following Clause— “Consequential amendments to the Social Security Fraud Act 2001

To move the following Clause— “Offence of encouraging or assisting others to commit fraud

To move the following Clause— “Publication of an Anti-Fraud and Error Technology Strategy

To move the following Clause— “Powers of Scottish Ministers

To move the following Clause— “Offence of fraud against a public authority

To move the following Clause— “Application of the Police and Criminal Evidence Act 1984 to investigations conducted by the Department for Work and Pensions

To move the following Clause— “Information notices

After Clause 96, insert the following new Clause— “Overpayments made as a result of official error

After Clause 100, insert the following new Clause— “Impact of Act on people facing financial exclusion

After Clause 96, insert the following new Clause— “Recovery of overpayments of Carer’s Allowance

Schedule 4, page 95, line 8, leave out “items subject to legal privilege,”

Schedule 4, page 101, line 15, leave out from beginning to end of line 24 and insert— <i class="text-centre">“Material subject to legal privilege</i>

Schedule 4, page 103, line 4, leave out “items subject to legal privilege and”

Clause 98, page 63, leave out lines 23 to 25 and insert— “(i) the period mentioned in section 71ZK(6)(a) for P to appeal against the outcome of the review has passed without P bringing an appeal, or”

Schedule 4, page 96, line 18, leave out “an item subject to legal privilege,”

After Clause 36, insert the following new Clause— “Deputies

Clause 85, page 51, line 27, leave out “, payment, credit”

Clause 76, page 45, line 7, at end insert— “(2A) The functions are exercisable only when accompanied by an authorised person from the police force.”

Clause 76, page 45, line 30, after “State” insert “and authorised by the court”

After Clause 96, insert the following new Clause— “Fair process and human intervention

Clause 35, page 21, line 6, leave out subsection (5).

Clause 37, page 22, line 29, at end insert— “(2A) Any regulations made under subsections (1) and (2) must be accompanied by an impact assessment covering the projected cost and impact on the operational capacity of banks, to be laid before Parliament.”

Clause 40, page 24, line 27, at end insert— “(4A) The decision reached by the Minister under subsection (4) must be communicated to the liable person, with the reason given by the Minister provided in writing, as soon as is practicable.”

Clause 37, page 23, line 6, at end insert— “(6A) Prior to any regulations under this section coming into force, the outcome of consultations under subsection (6) must be laid before Parliament.”

Clause 41, page 25, line 1, at end insert— “(1A) The Minister must provide, in writing, the outcome of their assessment under subsection (1) to the liable person upon request.”

Clause 95, page 61, lines 9, leave out “reasonably incurs” and insert “or banks as defined in this Act incur”

After Clause 99, insert the following new Clause— “Offence of facilitating fraud through dissemination of information

Clause 1, page 1, line 13, at end insert— “(e) creating a whistleblowing reporting channel for cases of fraud against public authorities which—

Schedule 2, page 70, line 18, at end insert— “Part A1

Clause 70, page 37, line 28, leave out from “provision” to end of line 31 and insert “about— (a) the establishment of the Public Sector Fraud Authority (“the PSFA”), and

Schedule 2, page 70, leave out lines 20 to 23

Clause 68, page 36, line 27, leave out “processing” and insert “disclosure”

Clause 9, page 7, leave out lines 38 and 39

Clause 68, page 36, leave out lines 32 and 33

Clause 68, page 37, leave out lines 7 and 8

Clause 9, page 7, leave out lines 32 to 34

Clause 68, page 36, leave out line 29

Clause 68, page 36, line 25, leave out “processing” and insert “disclosure or obtaining”

Clause 19, page 12, line 32, at end insert— “(9A) The prohibition in subsection (9) ceases to apply—

Clause 19, page 12, line 25, at beginning insert “Subject to subsection (9A),”

Clause 67, page 36, line 1, at end insert— “(A1) Investigatory and enforcement powers under sections 3 (information notices), 7 (Police and Criminal Evidence Act 1984 etc powers), 17 (direct deduction orders), and 39 (deduction from earnings orders) of this Act shall not be exercised except as provided for in this section.”

Clause 2, page 2, leave out line 10 and insert— <span class="wrapped">“whether at the request of that public authority or, where the Minister considers it necessary in the public interest, on the Minister’s own initiative.”</span>

After Clause 70, insert the following new Clause— “Independent review of use of powers

Clause 67, page 36, line 13, at end insert— “(1A) The exercise of the following powers by an authorised officer requires explicit authorisation by a Minister of the Crown issuing information notices under section 3 requiring disclosure of personal financial records; applications for warrants under section 7 involving entry to premises and seizure of evidence; orders under sections 17 and 38 where the amount involved exceeds £10,000.

Clause 3, page 3, line 9, at end insert— “(4A) Where an information notice names or describes a person in accordance with this section, the notice must include a clear statement that the person specified is not necessarily guilty of the suspected fraud.”

Clause 5, page 4, line 23, at end insert— “(5) For the purposes of subsection (3), the Secretary of State must by regulations specify the persons or types of person to whom information may be disclosed.

Clause 7, page 5, line 22, at end insert— “(5) Within six months of the day on which this section comes into force, the Minister must prepare and publish guidance setting out the process by which authorised investigators are appointed in accordance with section 7(3).”