Public Authorities (Fraud, Error and Recovery) Act 2025
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Change 1
11 Recovery notices
(1) Before bringing proceedings in a court or tribunal for a claimed amount on behalf of another public authority, the Minister must give the person from whom the Minister reasonably believes the amount is recoverable (the “liable person”) a notice (a “recovery notice”). (2) A recovery notice must— (a) state that the Minister intends to bring proceedings for the claimed amount, (b) state the amount of the claimed amount, (c) provide the Minister’s reasons for believing that amount to be a recoverable amount, (d) invite the liable person to discharge the person’s liability in respect of the claimed amount by agreement with the Minister, and set out how this can be done, (e) set out the further action that may be taken by the Minister under this Part in respect of the claimed amount, including if the liable person’s liability for the amount is not settled by agreement, and (f) state a period during which the Minister will not bring proceedings for the claimed amount in order to give the liable person an opportunity to discharge their liability in respect of the claimed amount by agreement. (3) The period mentioned in subsection (2)(f) must not be less than 28 days beginning with the day after the day on which the recovery notice is given. (4) The giving of a recovery notice has effect as the bringing of an action for the recovery of a claimed amount for the purposes of any time limit that would apply in relation to that amount.
11 Recovery notices
(1) Before bringing proceedings in a court or tribunal for a claimed amount on behalf of another public authority, the Minister must give the person from whom the Minister reasonably believes the amount is recoverable (the “liable person”) a notice (a “recovery notice”). (2) A recovery notice must— (a) state that the Minister intends to bring proceedings for the claimed amount, (b) state the amount of the claimed amount, (c) provide the Minister’s reasons for believing that amount to be a recoverable amount, (d) invite the liable person to discharge the person’s liability in respect of the claimed amount by agreement with the Minister, and set out how this can be done, (e) set out the further action that may be taken by the Minister under this Part in respect of the claimed amount, including if the liable person’s liability for the amount is not settled by agreement, and (f) state a period during which the Minister will not bring proceedings for the claimed amount in order to give the liable person an opportunity to discharge their liability in respect of the claimed amount by agreement. (3) The period mentioned in subsection (2)(f) must not be less than 28 days beginning with the day after the day on which the recovery notice is given. (4) The giving of a recovery notice has effect as the bringing of an action for the recovery of a claimed amount for the purposes of any time limit that would apply in relation to that amount.
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