An Act to make provision for, and in connection with, criminal liability for fraud and obtaining services dishonestly.

[8th November 2006]

BE IT ENACTED by the Queen'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:-
 

(a) section 2 (fraud by false representation),

(b) section 3 (fraud by failing to disclose information), and

(c) section 4 (fraud by abuse of position).

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).

(a) dishonestly makes a false representation, and

(b) intends, by making the representation-

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

(a) it is untrue or misleading, and

(b) the person making it knows that it is, or might be, untrue or misleading.

(a) the person making the representation, or

(b) any other person.

(a) dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and

(b) intends, by failing to disclose the information-

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

(a) occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,

(b) dishonestly abuses that position, and

(c) intends, by means of the abuse of that position-

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

(a) extend only to gain or loss in money or other property;

(b) include any such gain or loss whether temporary or permanent;

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or to both).

(a) knowing that it is designed or adapted for use in the course of or in connection with fraud, or

(b) intending it to be used to commit, or assist in the commission of, fraud.

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).

(a) sections 6 and 7, and

(b) the provisions listed in subsection (2), so far as they relate to articles for use in the course of or in connection with fraud,

"article" includes any program or data held in electronic form.

(a) section 1(7)(b) of the Police and Criminal Evidence Act 1984 (c. 60),

(b) section 2(8)(b) of the Armed Forces Act 2001 (c. 19), and

(c) Article 3(7)(b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));

(a) by a person who is outside the reach of section 458 of the Companies Act 1985 (c. 6) or Article 451 of the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032) (N.I. 6)) (offence of fraudulent trading), and

(b) with intent to defraud creditors of any person or for any other fraudulent purpose.

(a) a company (within the meaning of that Act);

(b) a person to whom that section applies (with or without adaptations or modifications) as if the person were a company;

(c) a person exempted from the application of that section.

(a) a company (within the meaning of that Order);

(b) a person to whom that Article applies (with or without adaptations or modifications) as if the person were a company;

(c) a person exempted from the application of that Article.

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).

(a) by a dishonest act, and

(b) in breach of subsection (2).

(a) they are made available on the basis that payment has been, is being or will be made for or in respect of them,

(b) he obtains them without any payment having been made for or in respect of them or without payment having been made in full, and

(c) when he obtains them, he knows-

(i) that they are being made available on the basis described in paragraph (a), or

(ii) that they might be,

but intends that payment will not be made, or will not be made in full.

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or to both).

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) a person who was purporting to act in any such capacity,

(a) answering any question put to him in proceedings relating to property, or

(b) complying with any order made in proceedings relating to property,

(a) answering such a question, or

(b) complying with such an order,

(a) the recovery or administration of any property,

(b) the execution of a trust, or

(c) an account of any property or dealings with property,

(a) conspiracy to defraud;

(b) any other offence involving any form of fraudulent conduct or purpose.