Public Authorities (Fraud, Error and Recovery) Act 2025
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Change 1
21 Further requirements before making a direct deduction order
(1) Before making a direct deduction order, the Minister must give the bank where the account in question is held, the liable person, and, in the case of a joint account, each of the other account holders, a notice— (a) identifying the account that would be subject to the proposed order, (b) stating the amount that would be recoverable under the proposed order, (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 and the presumption that applies (see section 20). (2) The notice must invite the liable person and, in the case of a joint account, each other account holder— (a) to make representations about the terms of the proposed order, and (b) in the case of a joint account, to make representations about the liable person’s beneficial interest in amounts in the account. (3) The notice must set out the means by which, and the period within which, representations may be made. (4) The period must be at least 28 days beginning with the day after the day on which the notice is given. (5) The Minister must— (a) consider representations made in accordance with the notice, and (b) in light of any representations— (i) in the case of a joint account, make the assessment required under section 20(1), and (ii) in any case, decide whether, and in what terms, to make a direct deduction order in respect of the account. (6) A notice under subsection (1) may be given to the bank before it is given to the other persons to whom it is required to be given under that subsection (and for the effect of giving the notice to the bank see section 26 (restrictions on accounts: banks)). (7) Where a notice is given to the bank in reliance on subsection (6), the notice must be given to the other persons as soon as reasonably practicable after being given to the bank. (8) If, following the giving of a notice under this section, the Minister decides not to make a direct deduction order, the Minister must, as soon as reasonably practicable, notify the bank, the liable person and, in the case of a joint account, each of the other account holders, of the decision.
21 Further requirements before making a direct deduction order
(1) Before making a direct deduction order, the Minister must give the bank where the account in question is held, the liable person, and, in the case of a joint account, each of the other account holders, a notice— (a) identifying the account that would be subject to the proposed order, (b) stating the amount that would be recoverable under the proposed order, (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 and the presumption that applies (see section 20). (2) The notice must invite the liable person and, in the case of a joint account, each other account holder— (a) to make representations about the terms of the proposed order, and (b) in the case of a joint account, to make representations about the liable person’s beneficial interest in amounts in the account. (3) The notice must set out the means by which, and the period within which, representations may be made. (4) The period must be at least 28 days beginning with the day after the day on which the notice is given. (5) The Minister must— (a) consider representations made in accordance with the notice, and (b) in light of any representations— (i) in the case of a joint account, make the assessment required under section 20(1), and (ii) in any case, decide whether, and in what terms, to make a direct deduction order in respect of the account. (6) A notice under subsection (1) may be given to the bank before it is given to the other persons to whom it is required to be given under that subsection (and for the effect of giving the notice to the bank see section 26 (restrictions on accounts: banks)). (7) Where a notice is given to the bank in reliance on subsection (6), the notice must be given to the other persons as soon as reasonably practicable after being given to the bank. (8) If, following the giving of a notice under this section, the Minister decides not to make a direct deduction order, the Minister must, as soon as reasonably practicable, notify the bank, the liable person and, in the case of a joint account, each of the other account holders, of the decision.
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