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Public Authorities (Fraud, Error and Recovery) Act 2025

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Change 1

What to do with it
As published

67 Authorised officers

(1) The following decisions, if not made by the Minister personally, may be made only by an individual authorised by the Minister for the purposes of this section (an “authorised officer”)— (a) deciding to give an information notice under section 3(2); (b) deciding to give a recovery notice under section 11(1); (c) deciding to make a direct deduction order under section 17(1); (d) deciding to vary a direct deduction order under section 29(1); (e) deciding to make a deduction from earnings order under section 39(1); (f) deciding to vary a deduction from earnings order under section 47; (g) deciding to give a notice of intent under section 57(2); (h) deciding to impose a penalty under section 51 or 54 (and to give a notice for that purpose under section 60). (2) Subsection (3) applies where— (a) the Minister is required by virtue of a provision of this Part to review a decision mentioned in subsection (1), and (b) the decision was made by an authorised officer. (3) The review must be carried out by— (a) an authorised officer of a higher grade than the authorised officer who made the decision, or (b) the Minister personally. (4) An individual may not be an authorised officer unless the individual is employed in the civil service of the state in the Minister’s department.

Your change, as a redline

67 Authorised officers

(1) The following decisions, if not made by the Minister personally, may be made only by an individual authorised by the Minister for the purposes of this section (an “authorised officer”)— (a) deciding to give an information notice under section 3(2); (b) deciding to give a recovery notice under section 11(1); (c) deciding to make a direct deduction order under section 17(1); (d) deciding to vary a direct deduction order under section 29(1); (e) deciding to make a deduction from earnings order under section 39(1); (f) deciding to vary a deduction from earnings order under section 47; (g) deciding to give a notice of intent under section 57(2); (h) deciding to impose a penalty under section 51 or 54 (and to give a notice for that purpose under section 60). (2) Subsection (3) applies where— (a) the Minister is required by virtue of a provision of this Part to review a decision mentioned in subsection (1), and (b) the decision was made by an authorised officer. (3) The review must be carried out by— (a) an authorised officer of a higher grade than the authorised officer who made the decision, or (b) the Minister personally. (4) An individual may not be an authorised officer unless the individual is employed in the civil service of the state in the Minister’s department.

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