{
  "url": "https://openlegislation.uk/public-authorities-fraud-error-and-recovery-act-2025/section-38",
  "json_url": "https://openlegislation.uk/public-authorities-fraud-error-and-recovery-act-2025/section-38.json",
  "legislation": "ukpga/2025/28",
  "legislation_title": "Public Authorities (Fraud, Error and Recovery) Act 2025",
  "legislation_url": "https://openlegislation.uk/public-authorities-fraud-error-and-recovery-act-2025",
  "path": "section/38",
  "kind": "section",
  "number": "38",
  "heading": "Regulations",
  "text": "(1) The Minister may by regulations make further provision about direct deduction orders.\n(2) Regulations under this section may, among other things, make provision about—\n(a) how notices and orders are to be given by the Minister;\n(b) how notices and information are to be given to the Minister;\n(c) the calculation of amounts to be deducted, including—\n(i) about establishing whether deductions would cause a person to suffer hardship in meeting essential living expenses, and\n(ii) about amounts which are, or are not, to be taken into account in calculating the amounts credited to an account for the purposes of section 22(3);\n(d) the duties of banks in relation to direct deduction orders, including before a direct deduction order is made;\n(e) costs which a bank may recover by virtue of section 24 or from the Minister;\n(f) the interaction between direct deduction orders under this Chapter and similar orders under any other enactment.\n(3) Regulations under this section may, among other things, apply sections 17 to 36, as they apply to banks, to other types of person who provide financial products or services (including products or services that operate by reference to cryptoassets or any similar product or service).\n(4) In subsection (3), “cryptoasset” has the meaning given in section 84A of the Proceeds of Crime Act 2002.\n(5) Before making relevant regulations in reliance on subsection (2)(a), (b), (d) or (e) the Minister must consult—\n(a) persons who appear to the Minister to represent the interests of banks, and\n(b) such other persons (if any) as the Minister considers appropriate.\n(6) Before making relevant regulations in reliance on subsection (3), the Minister must consult—\n(a) persons who appear to the Minister to represent the interests of persons to whom provisions about direct deduction orders would be applied by the regulations, and\n(b) such other persons (if any) as the Minister considers appropriate.\n(7) In this section, “relevant regulations” means—\n(a) the first regulations made in reliance on the provisions in question, and\n(b) any subsequent regulations made in reliance on those provisions which—\n(i) impose new duties on banks, or\n(ii) make changes to existing duties or provisions which, in the opinion of the Minister, are more than minor.\n(8) Regulations made in reliance on subsection (3) are subject to the affirmative procedure.\n(9) Any other regulations under this section are subject to the negative procedure.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 38 in force at Royal Assent for specified purposes, see s. 109(2)(b)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 38 in force at 1.4.2026 in so far as not already in force by S.I. 2026/371, reg. 2(a)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2025/28/section/38",
    "retrieved_at": "2026-10-31T10:27:04.329230+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}