Public Authorities (Fraud, Error and Recovery) Act 2025
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Change 1
3 Information notices
(1) The Minister may require a person (“P”) to give specified information to the Minister where the Minister considers that— (a) it is necessary and proportionate to do so for the purpose of exercising the Minister’s functions under section 1(1)(a) to (c), and (b) the information relates to a person (whether or not P) whom the Minister has reasonable grounds to suspect has committed fraud against a public authority. (2) The power conferred by subsection (1) is to be exercised by giving P a notice (an “information notice”). (3) An information notice must identify (by name or description) the person suspected of having committed fraud as mentioned in subsection (1)(b). (4) An information notice must set out— (a) how, where and the period within which the information must be given to the Minister in order for the recipient of the notice to avoid being liable to a penalty under section 54; (b) information about the consequences of not complying with the notice. (5) The period mentioned in subsection (4)(a) must not be less than 10 working days beginning with the day after the day on which the information notice is given. (6) The power under this section to require P to give information to the Minister includes the power to— (a) take copies of or extracts from information; (b) require P to provide information in a specified form; (c) require P to retain information that P would not otherwise retain; (d) if any specified information is not given to the Minister, require P to state, to the best of P’s knowledge and belief, both where that information is and why it has not been given to the Minister. (7) An information notice under this section may not require the giving of— (a) journalistic material, or (b) excluded material, within the meaning of the Police and Criminal Evidence Act 1984 (see sections 11 to 13 of that Act; see section 7(2)(b) of this Act for provision about production orders). (8) In this section, “specified” means— (a) specified, or described, in an information notice, or (b) falling within a category that is specified, or described, in an information notice.
3 Information notices
(1) The Minister may require a person (“P”) to give specified information to the Minister where the Minister considers that— (a) it is necessary and proportionate to do so for the purpose of exercising the Minister’s functions under section 1(1)(a) to (c), and (b) the information relates to a person (whether or not P) whom the Minister has reasonable grounds to suspect has committed fraud against a public authority. (2) The power conferred by subsection (1) is to be exercised by giving P a notice (an “information notice”). (3) An information notice must identify (by name or description) the person suspected of having committed fraud as mentioned in subsection (1)(b). (4) An information notice must set out— (a) how, where and the period within which the information must be given to the Minister in order for the recipient of the notice to avoid being liable to a penalty under section 54; (b) information about the consequences of not complying with the notice. (5) The period mentioned in subsection (4)(a) must not be less than 10 working days beginning with the day after the day on which the information notice is given. (6) The power under this section to require P to give information to the Minister includes the power to— (a) take copies of or extracts from information; (b) require P to provide information in a specified form; (c) require P to retain information that P would not otherwise retain; (d) if any specified information is not given to the Minister, require P to state, to the best of P’s knowledge and belief, both where that information is and why it has not been given to the Minister. (7) An information notice under this section may not require the giving of— (a) journalistic material, or (b) excluded material, within the meaning of the Police and Criminal Evidence Act 1984 (see sections 11 to 13 of that Act; see section 7(2)(b) of this Act for provision about production orders). (8) In this section, “specified” means— (a) specified, or described, in an information notice, or (b) falling within a category that is specified, or described, in an information notice.
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