Fraud Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Fraud Bill [HL]

Fraud Bill [HL]
Schedule 2 — Transitional provisions and savings
14

Gambling Act 2005 (c. 19)
38
After paragraph 3 of Schedule 7 (relevant offences) insert—
“3A
An offence under the Fraud Act 2006.”
Schedule 2
Section 14(2)

Transitional provisions and savings
5
Maximum term of imprisonment for offences under this Act
1
In relation to an offence committed before the commencement of section
154(1) of the Criminal Justice Act 2003 (c. 44), the references to 12 months in
sections 1(3)(a), 6(2)(a), 7(2)(a), 9(6)(a) and 11(3)(a) are to be read as
references to 6 months.
10
Increase in penalty for fraudulent trading
2
Section 10 does not affect the penalty for any offence committed before that
section comes into force.
Abolition of deception offences
3     (1)
Paragraph 1 of Schedule 1 does not affect any liability, investigation, legal
15
proceeding or penalty for or in respect of any offence partly committed
before the commencement of that paragraph.
      (2)
An offence is partly committed before the commencement of paragraph 1 of
Schedule 1 if—
(a)
a relevant event occurs before its commencement, and
20
(b)
another relevant event occurs on or after its commencement.
      (3)
“Relevant event”, in relation to an offence, means any act, omission or other
event (including any result of one or more acts or omissions) proof of which
is required for conviction of the offence.
Scope of offences relating to stolen goods under the Theft Act 1968 (c. 60)
25
4
Nothing in paragraph 6 of Schedule 1 affects the operation of section 24 of
the Theft Act 1968 in relation to goods obtained in the circumstances
described in section 15(1) of that Act where the obtaining is the result of a
deception made before the commencement of that paragraph.
Dishonestly retaining a wrongful credit under the Theft Act 1968
30
5
Nothing in paragraph 7 of Schedule 1 affects the operation of section 24A(7)
and (8) of the Theft Act 1968 in relation to credits falling within section
24A(3) or (4) of that Act and made before the commencement of that
paragraph.

Fraud Bill [HL]
Schedule 2 — Transitional provisions and savings
15

Scope of offences relating to stolen goods under the Theft Act (Northern Ireland) 1969
(c. 16 (N.I.))
6
Nothing in paragraph 11 of Schedule 1 affects the operation of section 23 of
the Theft Act (Northern Ireland) 1969 in relation to goods obtained in the
circumstances described in section 15(1) of that Act where the obtaining is
5
the result of a deception made before the commencement of that paragraph.
Dishonestly retaining a wrongful credit under the Theft Act (Northern Ireland) 1969
7
Nothing in paragraph 12 of Schedule 1 affects the operation of section 23A(7)
and (8) of the Theft Act (Northern Ireland) 1969 in relation to credits falling
within section 23A(3) or (4) of that Act and made before the commencement
10
of that paragraph.
Limitation periods under the Limitation Act 1980 (c. 58)
8
Nothing in paragraph 18 of Schedule 1 affects the operation of section 4 of
the Limitation Act 1980 in relation to chattels obtained in the circumstances
described in section 15(1) of the Theft Act 1968 where the obtaining is a result
15
of a deception made before the commencement of that paragraph.
Limitation periods under the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339
(N.I. 11))
9
Nothing in paragraph 22 of Schedule 1 affects the operation of Article 18 of
the Limitation (Northern Ireland) Order 1989 in relation to chattels obtained
20
in the circumstances described in section 15(1) of the Theft Act (Northern
Ireland) 1969 where the obtaining is a result of a deception made before the
commencement of that paragraph.
Scheduled offences under the Terrorism Act 2000 (c. 11)
10
Nothing in paragraph 30 of Schedule 1 affects the operation of Part 7 of the
25
Terrorism Act 2000 in relation to an offence under section 15(1) of the Theft
Act (Northern Ireland) 1969 where the obtaining is a result of a deception
made before the commencement of that paragraph.
Powers of arrest under Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
(c. 19)
30
11    (1)
Nothing in paragraph 35 of Schedule 1 affects the power of arrest conferred
by section 14 of the Asylum and Immigration (Treatment of Claimants, etc.)
Act 2004 in relation to an offence partly committed before the
commencement of that paragraph.
      (2)
An offence is partly committed before the commencement of paragraph 35
35
of Schedule 1 if—
(a)
a relevant event occurs before its commencement, and
(b)
another relevant event occurs on or after its commencement.
      (3)
“Relevant event”, in relation to an offence, means any act, omission or other
event (including any result of one or more acts or omissions) proof of which
40
is required for conviction of the offence.

Fraud Bill [HL]
Schedule 3 — Repeals and revocations
16

Schedule 3
Section 14(3)

Repeals and revocations

Title and number
Extent of repeal or revocation

Theft Act 1968 (c. 60)
Sections 15, 15A, 15B and 16.

In section 18(1), “15, 16 or”.

5

Section 20(2).

In section 20(3), ““deception” has the same

meaning as in section 15 of this Act, and”.

Section 24A(3) and (4).

In section 25(5), “, and “cheat” means an offence

10

under section 15 of this Act”.

Theft Act (Northern Ireland)
Sections 15, 15A, 15B and 16.

1969 (c. 16 (N.I.))
Section 19(2).

In section 19(3), ““deception” has the same

meaning as in section 15, and”.

15

Section 23A(3) and (4).

In section 24(5), “, and “cheat” means an offence

under section 15”.

Theft Act 1978 (c. 31)
Sections 1 and 2.

Section 4(2)(a).

20

Section 5(1).

Theft (Northern Ireland) Order
Articles 3 and 4.

1978 (S.I. 1978/1407 (N.I. 23))
Article 6(2)(a).

Article 7(1).

Nuclear Material (Offences) Act
In section 1(1)(d), “15 or” (in both places).

25

1983 (c. 18)

Criminal Justice Act 1993 (c. 36)
In section 1(2), the entries in paragraph (a)

relating to sections 15, 15A, 16 and 20(2) of

the Theft Act 1968.

Section 1(2)(b).

30

Theft (Amendment) Act 1996
Sections 1, 3(2) and 4.

(c. 62)

Criminal Justice (Northern
In Article 38(2), the entries in sub-paragraph (a)

Ireland) Order 1996
relating to sections 15, 15A, 16 and 19(2) of

(S.I. 1996/3160 (N.I. 24))
the Theft Act (Northern Ireland) 1969.

35

Article 38(2)(b).

Theft (Amendment) (Northern
Articles 3, 5(2) and 6.

Ireland) Order 1997

(S.I. 1997/277 (N.I. 3))

Terrorism Act 2000 (c. 11)
In Schedule 9, paragraph 10(e).

40

In Schedule 12, in paragraph 12(1), “(within the

meaning of section 15(4) of the Theft Act

(Northern Ireland) 1969)”.

Criminal Justice and Court
In Schedule 6, in paragraph 1, the entry relating

Services Act 2000 (c. 43)
to section 15 of the Theft Act 1968.

45

Asylum and Immigration
In section 14(2), paragraph (g)(ii) and (iii), in

(Treatment of Claimants, etc.)
paragraph (h), “15, 16” and paragraphs (i)

Act 2004 (c. 19)
and (j).

Fraud Bill [HL]
Schedule 3 — Repeals and revocations
17