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Public Authorities (Fraud, Error and Recovery) Act 2025

2025 c. 28 · Enacted 2 December 2025 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 26 October 2026.

An Act to make provision about the prevention of fraud against public authorities and the making of erroneous payments by public authorities; about the recovery of money paid by public authorities as a result of fraud or error; and for connected purposes.

[2nd December 2025]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. Part 1: Functions exercisable on behalf of public authorities
  2. Chapter 1: Key concepts
  3. 1Core functions of the Minister for the Cabinet Office
  4. 2Interaction with other public authorities etc
  5. Chapter 2: Investigatory powers
  6. Information
  7. 3Information notices
  8. 4Reviews
  9. 5Information sharing
  10. 6Amendment of the Investigatory Powers Act 2016
  11. Powers of entry, search and seizure etc
  12. 7Police and Criminal Evidence Act 1984 etc powers
  13. 8Disposal of property
  14. 9Incidents etc
  15. Chapter 3: Rights to recover
  16. Recovery of recoverable amounts
  17. 10Acting for another public authority
  18. 11Recovery notices
  19. 12Restriction on availability of powers: claimed amounts
  20. Recovery of other amounts
  21. 13Penalties etc
  22. 14Restriction on availability of powers: penalties
  23. Chapter 4: Methods of recovery
  24. Introduction
  25. 15Payable amounts
  26. Recovery as if payable under a court order
  27. 16Recovery orders
  28. Recovery from bank accounts etc
  29. 17Direct deduction orders
  30. 18Accounts which may be subject to a direct deduction order
  31. 19Requirement for banks to provide information
  32. 20Joint accounts
  33. 21Further requirements before making a direct deduction order
  34. 22Amount of deductions
  35. 23Content and effect of direct deduction orders
  36. 24Bank’s administrative costs
  37. 25Insufficient funds
  38. 26Restrictions on accounts: banks
  39. 27Restrictions on accounts: account holders
  40. 28Applications to vary
  41. 29Variation
  42. 30Revocation
  43. 31Further information notices
  44. 32Suspension of direct deduction orders
  45. 33Cessation on death of liable person
  46. 34Reviews
  47. 35Appeals
  48. 36Meaning of “bank” etc
  49. 37Deputies
  50. 38Regulations
  51. Deduction from earnings
  52. 39Deduction from earnings orders
  53. 40Content and effect of deduction from earnings orders
  54. 41Requirements before making a deduction from earnings order
  55. 42Amount of deductions
  56. 43The employer’s administrative costs
  57. 44Suspension of deduction from earnings orders
  58. 45Duty to notify the Minister of change of circumstances
  59. 46Applications to vary
  60. 47Variation
  61. 48Revocation
  62. 49Reviews
  63. 50Appeals
  64. Chapter 5: Civil penalties
  65. 51Penalty relating to fraud
  66. 52Application to members etc of bodies
  67. 53Amount of penalty relating to fraud
  68. 54Penalty for failing to comply with requirements
  69. 55Application to members etc of bodies
  70. 56Amount of penalty for failing to comply with requirements
  71. 57Procedural rights
  72. 58Penalty decision notices
  73. 59Reviews and decisions
  74. 60Penalty notices
  75. 61Appeals
  76. 62Interest
  77. 63Code of practice
  78. 64Penalties and criminal proceedings or convictions
  79. Chapter 6: General
  80. 65Independent review
  81. 66Independent review: further provision
  82. 67Authorised officers
  83. 68Guidance on exercise of investigatory functions
  84. 69Reports on exercise of functions
  85. 70Record of exercise of functions
  86. 71Disclosure of information etc: interaction with external constraints
  87. 72Crown etc application
  88. 73Public Sector Fraud Authority and transfer of functions Not yet in force
  89. 74Interpretation
  90. 75Regulations
  91. Part 2: Social security etc
  92. Chapter 1: Powers to require information
  93. 76Information notices Not yet in force
  94. 77Consequential amendments to the Social Security Fraud Act 2001 Not yet in force
  95. 78Eligibility verification
  96. 79Eligibility verification: independent review
  97. Chapter 2: Powers of entry, search and seizure etc
  98. 80Entry, search and seizure in England and Wales Not yet in force
  99. 81Entry, search and seizure in Scotland Not yet in force
  100. 82Entry, search and seizure: Crown application Not yet in force
  101. 83Offence of delay, obstruction etc Not yet in force
  102. 84Disposal of property Not yet in force
  103. 85Amendments to the Criminal Justice and Police Act 2001 Not yet in force
  104. 86Incidents etc in England and Wales
  105. 87Incidents etc in Scotland Not yet in force
  106. Chapter 3: Further provision relevant to investigatory powers
  107. 88Devolved benefits Not yet in force
  108. 89DWP offence Not yet in force
  109. 90Disclosure of information etc: interaction with external constraints Not yet in force
  110. 91Giving notices etc Not yet in force
  111. 92Independent review
  112. Chapter 4: Overpayments: recovery and enforcement
  113. 93Enforcement of non-benefit payments
  114. 94Recovery and enforcement mechanisms
  115. 95Recovery from bank accounts etc
  116. 96Disqualification from driving
  117. 97Code of practice
  118. 98Rights of audience
  119. 99Recovery of costs
  120. 100Recovery: further provision
  121. Chapter 5: Offences, penalties etc
  122. 101Offences: non-benefit payments
  123. 102Penalty as alternative to prosecution: extension to non-benefit payments
  124. 103Amendments to the Social Security Fraud Act 2001: loss of benefits following penalty
  125. 104Powers of Scottish Ministers
  126. Part 3: General
  127. 105Application and limitation
  128. 106Power to make consequential provision
  129. 107Financial provision
  130. 108Extent
  131. 109Commencement
  132. 110Short title
  133. Schedule 1: Fraud against public authorities: Police and Criminal Evidence Act 1984 powers
  134. 1Introduction
  135. 2General modifications
  136. 3Specific modifications
  137. Schedule 2: Public Sector Fraud Authority and transfer of functions
  138. Part 1: Powers to establish the PSFA and transfer functions
  139. 1Main powers
  140. 2Authorised officers
  141. 3Associated modifications
  142. 4Procedure
  143. Part 2: Constitution etc
  144. 5Introduction and status Not yet in force
  145. 6Constitution Not yet in force
  146. 7Appointment of non-executive members Not yet in force
  147. 8Appointment of executive members Not yet in force
  148. 9Interim chief executive Not yet in force
  149. 10Appointment of members: eligibility
  150. 11Terms of membership Not yet in force
  151. 12Non-executive members: payments Not yet in force
  152. 13Staffing Not yet in force
  153. 14Discharge of functions etc Not yet in force
  154. 15Procedure Not yet in force
  155. 16Annual report Not yet in force
  156. 17Seal and evidence Not yet in force
  157. 18Supplementary powers Not yet in force
  158. 19Transfer schemes Not yet in force
  159. 20Amendments to other enactments Not yet in force
  160. 21Amendments to other enactments Not yet in force
  161. 22Amendments to other enactments Not yet in force
  162. 23Amendments to other enactments Not yet in force
  163. 24Amendments to other enactments Not yet in force
  164. Part 3: Power to change name
  165. 25Paragraph 25
  166. Schedule 3: Eligibility verification etc
  167. Part 1: Eligibility verification
  168. 1Paragraph 1
  169. Part 2: Proceeds of Crime Act 2002
  170. 2Paragraph 2
  171. Schedule 4: Social security fraud: search and seizure powers etc Not yet in force
  172. 1Paragraph 1 Not yet in force
  173. 2Paragraph 2 Not yet in force
  174. Schedule 5Recovery from bank accounts etc
  175. Schedule 6Disqualification from driving