(6) References in this Act to the landlord under a secure or an assured tenancy
include—

(a) in a case where the tenancy has ended, a person who was the landlord
under the tenancy, and

(b) 5in a case where the tenancy has ceased to be a secure or an assured
tenancy, the person who was the landlord under the tenancy when it
was a secure or an assured tenancy.

(7) References in this Act to the tenant under a secure or an assured tenancy
include—

(a) 10in a case where the tenancy has ended, a person who was the tenant
under the tenancy, and

(b) in a case where the tenancy has ceased to be a secure or an assured
tenancy, a person who was the tenant under the tenancy when it was a
secure or an assured tenancy.

(8) 15In this Act “local authority” means a county council, a county borough council,
a district council, a London borough council, the Common Council of the City
of London or the Council of the Isles of Scilly.

(9) In this Act “registered social landlord” has the same meaning as in Part 1 of the
Housing Act 1996.

(10) 20In this Act “associated offence”, in relation to an offence, means—

(a) an offence of aiding, abetting, counselling or procuring the commission
of that offence,

(b) an offence of attempting or conspiring to commit that offence, or

(c) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or
25assisting crime) in relation to that offence.

12 Extent, commencement and short title

(1) This Act extends to England and Wales only, subject to subsection (2).

(2) An amendment of an Act made by this Act has the same extent as the provision
to which it relates.

(3) 30The provisions of this Act, apart from this section, come into force—

(a) in relation to England, on such day as the Secretary of State may by
order appoint;

(b) in relation to Wales, on such day as the Welsh Ministers may by order
appoint.

(4) 35An order under subsection (3) is to be made by statutory instrument.

(5) An order under subsection (3) may—

(a) appoint different days for different purposes, and

(b) make transitional, transitory or saving provision.

(6) This Act may be cited as the Prevention of Social Housing Fraud Act 2012.

Section 10

Schedule Consequential amendments

Administration of Justice Act 1970 (c. 31)1970 (c. 31)

1 The Administration of Justice Act 1970 is amended as follows.

2 5In section 41(8) (power of Crown Court to specify longer period of
imprisonment for default under compensation order), after “paragraph 10”
insert “or 13A”.

3 In Schedule 9 (enforcement of orders for costs, compensation, etc), in Part 1
(payment enforceable as on summary conviction), after paragraph 13
10insert—

“13A Where under section 4 of the Prevention of Social Housing Fraud
Act 2012 a court makes an unlawful profit order.”

Housing Act 1988 (c.50)1988 (c.50)

4 In section 1 of the Housing Act 1988 (meaning of assured tenancy), after
15subsection (1) insert—

“(1A) Subsection (1) has effect subject to section 15A (loss of assured
tenancy).”

Criminal Justice Act 1991 (c. 53)1991 (c. 53)

5 (1) Section 24 of the Criminal Justice Act 1991 (recovery of fines by deduction
20from certain benefits) is amended as follows.

(2) In subsection (1)—

(a) after “compensation order” insert “or unlawful profit order”, and

(b) in paragraph (a), for “or compensation” substitute “, compensation
or unlawful profit”.

(3) 25In subsection (3)(b), after “compensation order” insert “or unlawful profit
order”.

(4) In subsection (4), after the definition of “prescribed” insert “;

• unlawful profit order” means an unlawful profit order under
  section 4 of the Prevention of Social Housing Fraud Act
  302012.”

Family Law Act 1996 (c. 27)1996 (c. 27)

6 In section 30(4)(b) of the Family Law Act 1996 (occupation by spouse or civil
partner with home rights to be treated as occupation by other spouse or civil
partner), for “and Chapter I of Part V of the Housing Act 1996” substitute “,
35Chapter 1 of Part 5 of the Housing Act 1996 and the Prevention of Social
Housing Fraud Act 2012”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)2000 (c. 6)

7 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

8 In section 12(7) (power to order absolute or conditional discharge not to
affect power to make various orders), after “orders)” insert “or from making
5in respect of the offence an unlawful profit order under section 4 of the
Prevention of Social Housing Fraud Act 2012.”

9 In section 133(3)(c) (review of compensation order where person subject to
confiscation order made in same proceedings), after “Proceeds of Crime Act
2002” insert “or an unlawful profit order under section 4 of the Prevention of
10Social Housing Fraud Act 2012 (or both).”

10 In section 142(1) (power of Crown Court to order defendant to be searched
on imposing fine or making various orders), after paragraph (c) insert—

“(ca) the Crown Court makes an unlawful profit order under
section 4 of the Prevention of Social Housing Fraud Act 2012
15against a person,”.

Proceeds of Crime Act 2002 (c. 29)2002 (c. 29)

11 The Proceeds of Crime Act 2002 is amended as follows.

12 In section 6 (making of confiscation order), after subsection (6) insert—

“(6A) The court must also treat the duty in subsection (5) as a power if—

(a) 20an order has been made, or it believes an order may be made,
against the defendant under section 4 (criminal unlawful
profit orders) of the Prevention of Social Housing Fraud Act
2012 in respect of profit made by the defendant in connection
with the conduct, or

(b) 25it believes that a person has at any time started or intends to
start proceedings against the defendant under section 5
(unlawful profit orders) of that Act in respect of such profit.”

13 In section 7(3) (calculation of recoverable amount), after “section 6(6)” insert
“or 6(6A)”.

14 (1) 30Section 13 (effect of confiscation order on court’s other powers) is amended
as follows.

(2) In subsection (3) (confiscation order to be taken into account before making
certain orders), in paragraph (a) (orders other than compensation orders),
after “(compensation orders)” insert “or an order under section 4 of the
35Prevention of Social Housing Fraud Act 2012 (unlawful profit orders)”.

(3) In subsection (5) (confiscation order and compensation order in same
proceedings)—

(a) for paragraph (a) substitute—

“(a) the Crown Court makes—

(i) 40both a confiscation order and a compensation
order under section 130 of the Sentencing Act,

(ii) both a confiscation order and an unlawful
profit order under section 4 of the Prevention
of Social Housing Fraud Act 2012, or

(iii) a confiscation order, a compensation order
and an unlawful profit order,

against the same person in the same proceedings,”,
and”

(b) 5in paragraph (b), after “both the orders” insert “or all the orders”.

(4) In subsection (6) (payment of compensation out of sums recovered under
confiscation order), after “compensation” insert “or amount payable under
the unlawful profit order (or both)”.

15 In section 14(12) (quashing of confiscation order on ground of defect in
10connection with postponement permitted where certain fines and orders
made before confiscation order), at the end of paragraph (c) insert “;

(d) made an order under section 4 of the Prevention of Social
Housing Fraud Act 2012 (unlawful profit orders).”

16 (1) Section 15 (effect of postponement of confiscation proceedings) is amended
15as follows.

(2) In subsection (2) (power to sentence defendant during postponement not to
cover imposing fines or certain orders)—

(a) omit the “or” at the end of paragraph (b), and

(b) at the end of paragraph (c) insert “, or

(d) 20make an unlawful profit order under section 4 of the
Prevention of Social Housing Fraud Act 2012.”

(3) In subsection (3) (power, after sentencing during postponement, to vary
sentence to impose fines or certain orders)—

(a) omit the “or” at the end of paragraph (b), and

(b) 25at the end of paragraph (c) insert “, or

(d) making an unlawful profit order under section 4 of
the Prevention of Social Housing Fraud Act 2012.”

17 (1) Section 19 (reconsideration of case after confiscation order not made) is
amended as follows.

(2) 30In subsection (7) (fines and orders to be taken into account in arriving at the
just amount), at the end of paragraph (d) insert “;

(e) any order which has been made against the defendant in
respect of the offence (or any of the offences) concerned
under section 4 of the Prevention of Social Housing Fraud
35Act 2012 (unlawful profit orders).”

(3) In subsection (8) (disapplication of section 13(5) and (6) where compensation
order made), after “Sentencing Act” insert “or an unlawful profit order
under section 4 of the Prevention of Social Housing Fraud Act 2012”.

18 (1) Section 20 (reconsideration of benefit after confiscation order not made) is
40amended as follows.

(2) In subsection (11) (fines and orders to be taken into account in arriving at the
just amount), at the end of paragraph (d) insert “;

(e) any order which has been made against the defendant in
respect of the offence (or any of the offences) concerned
45under section 4 of the Prevention of Social Housing Fraud
Act 2012 (unlawful profit orders).”

(3) In subsection (12) (disapplication of section 13(5) and (6) where
compensation order made), after “Sentencing Act” insert “or an unlawful
profit order under section 4 of the Prevention of Social Housing Fraud Act
2012”.

19 (1) 5Section 21 (reconsideration of benefit after confiscation order made) is
amended as follows.

(2) In subsection (9) (fines and orders to be taken into account in arriving at the
just amount), at the end of paragraph (c) insert “;

(d) any order which has been made against the defendant in
10respect of the offence (or any of the offences) concerned
under section 4 of the Prevention of Social Housing Fraud
Act 2012 (unlawful profit orders).”

(3) In subsection (10) (court not to take account of compensation order if
direction made under section 13(6)), after “(9)(c)” insert “or (d)”.

20 15In section 32(7) (Court of Appeal’s power on appeal: duty to have regard to
compensation order), after “orders)” insert “or section 4 of the Prevention of
Social Housing Fraud Act 2012 (unlawful profit orders)”.

21 In section 33(9) (Crown Court’s powers following appeal to Supreme Court:
duty to have regard to compensation order), after “orders)” insert “or section
204 of the Prevention of Social Housing Fraud Act 2012 (unlawful profit
orders)”.

22 In section 55(5) (application of sums received under confiscation order to
pay compensation), after “compensation” insert “or all or part of an amount
payable under an unlawful profit order”.

23 25In section 308 (general exceptions to concept of recoverable property), after
subsection (7) insert—

“(7A) If—

(a) a payment is made to a person in pursuance of an unlawful
profit order under section 4 of the Prevention of Social
30Housing Fraud Act 2012, and

(b) apart from this subsection, the sum received would be
recoverable property,

the property ceases to be recoverable.”

Courts Act 2003 (c. 39)2003 (c. 39)

24 35Schedule 5 to the Courts Act 2003 (collection of fines and other sums
adjudged to be paid on conviction) is amended as follows.

25 In paragraph 2(2) (interpretation), after the definition of “a sum required to
be paid by a compensation order” insert “; and

• a sum required to be paid by an unlawful profit order” means
  40any sum required to be paid by an order made under section
  4 of the Prevention of Social Housing Fraud Act 2012.”

26 In paragraph 7A (attachment of earnings order or application for benefit
deduction where person liable to pay compensation), in sub-paragraph (1),
after “a compensation order” insert “or an unlawful profit order”.

27 In paragraph 13(1)(aa) (requirement for collection order to state amount of
fine or amount payable under collection order)—

(a) for “or a sum required to be paid by a compensation order”,
substitute “, a sum required to be paid by a compensation order or a
5sum required to be paid by an unlawful profit order”, and

(b) for sub-paragraph (i) substitute—

“(i) the amount of the fine, the amount required to
be paid by the compensation order or the
amount required to be paid by the unlawful
10profit order (or, where that sum consists of or
includes two or more of those amounts, each
of those amounts),”.

Criminal Justice Act 2003 (c. 44)2003 (c. 44)

28 The Criminal Justice Act 2003 is amended as follows.

29 15In section 151 (community order or youth rehabilitation order for persistent
offender previously fined), in subsection (5) (fine not to include
compensation order, surcharge etc), after “section 161A” insert “, or an
unlawful profit order under section 4 of the Prevention of Social Housing
Fraud Act 2012”.

30 (1) 20Section 161A (court’s duty to order payment of surcharge) is amended as
follows.

(2) In subsection (3) (reduction of surcharge where compensation order
made)—

(a) in paragraph (a), after “compensation order” insert “or an unlawful
25profit order (or both)”, and

(b) in paragraph (b), after “appropriate compensation” insert “or both
the surcharge and an appropriate amount under the unlawful profit
order (or the surcharge, appropriate compensation and an
appropriate amount under the unlawful profit order)”.

(3) 30After subsection (4) insert—

“(5) In this section “unlawful profit order” means an unlawful profit
order under section 4 of the Prevention of Social Housing Fraud Act
2012.”

Armed Forces Act 2006 (c. 52)2006 (c. 52)

31 35In the section 270A of the Armed Forces Act 2006 inserted by paragraph
20(2) of Schedule 3 to the Armed Forces Act 2011 (exceptions to restrictions
on community punishments), in subsection (6) (orders which do not form
part of an offender’s sentence), at the end of paragraph (c) insert “;

(d) an unlawful profit order under section 4 of the Prevention of
40Social Housing Fraud Act 2012.”