Fraud Bill [HL]

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Session 2005 - 06
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Fraud Bill [HL]

Fraud Bill [HL]
Schedule 1 — Minor and consequential amendments
7

Schedules
Schedule 1
Section 14(1)

Minor and consequential amendments
Abolition of various deception offences
1
Omit the following provisions—
5
(a)
in the Theft Act 1968 (c. 60)—
(i)
section 15 (obtaining property by deception);
(ii)
section 15A (obtaining a money transfer by deception);
(iii)
section 16 (obtaining pecuniary advantage by deception);
(iv)
section 20(2) (procuring the execution of a valuable security
10
by deception);
(b)
in the Theft Act 1978 (c. 31)—
(i)
section 1 (obtaining services by deception);
(ii)
section 2 (evasion of liability by deception);
(c)
in the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))—
15
(i)
section 15 (obtaining property by deception);
(ii)
section 15A (obtaining a money transfer by deception);
(iii)
section 16 (obtaining pecuniary advantage by deception);
(iv)
section 19(2) (procuring the execution of a valuable security
by deception);
20
(d)
in the Theft (Northern Ireland) Order 1978 (S.I. 1978/1407
(N.I. 23))—
(i)
Article 3 (obtaining services by deception);
(ii)
Article 4 (evasion of liability by deception).
Visiting Forces Act 1952 (c. 67)
25
2
In the Schedule (offences referred to in section 3 of the 1952 Act), in
paragraph 3 (meaning of “offence against property”), after sub-paragraph (l)
insert—
“(m)
the Fraud Act 2006.”
Theft Act 1968 (c. 60)
30
3
Omit section 15B (section 15A: supplementary).
4
In section 18(1) (liability of company officers for offences by company under
section 15, 16 or 17), omit “15, 16 or”.
5
In section 20(3) (suppression etc. of documents—interpretation), omit
““deception” has the same meaning as in section 15 of this Act, and”.
35

Fraud Bill [HL]
Schedule 1 — Minor and consequential amendments
8

6     (1)
In section 24(4) (meaning of “stolen goods”) for “in the circumstances
described in section 15(1) of this Act” substitute “, subject to subsection (5)
below, by fraud (within the meaning of the Fraud Act 2006)”.
      (2)
After section 24(4) insert—
“(5)
Subsection (1) above applies in relation to goods obtained by fraud
5
as if—
(a)
the reference to the commencement of this Act were a
reference to the commencement of the Fraud Act 2006, and
(b)
the reference to an offence under this Act were a reference to
an offence under section 1 of that Act.”
10
7     (1)
In section 24A (dishonestly retaining a wrongful credit), omit subsections (3)
and (4) and after subsection (2) insert—
“(2A)
A credit to an account is wrongful to the extent that it derives from—
(a)
theft;
(b)
blackmail;
15
(c)
fraud (contrary to section 1 of the Fraud Act 2006); or
(d)
stolen goods.”
      (2)
In subsection (7), for “subsection (4)” substitute “subsection (2A)”.
      (3)
For subsection (9) substitute—
“(9)
“Account” means an account kept with—
20
(a)
a bank;
(b)
a person carrying on a business which falls within subsection
(10) below; or
(c)
an issuer of electronic money (as defined for the purposes of
Part 2 of the Financial Services and Markets Act 2000).
25
(10)
A business falls within this subsection if—
(a)
in the course of the business money received by way of
deposit is lent to others; or
(b)
any other activity of the business is financed, wholly or to any
material extent, out of the capital of or the interest on money
30
received by way of deposit.
(11)
References in subsection (10) above to a deposit must be read with—
(a)
section 22 of the Financial Services and Markets Act 2000;
(b)
any relevant order under that section; and
(c)
Schedule 2 to that Act;
35

but any restriction on the meaning of deposit which arises from the
identity of the person making it is to be disregarded.
(12)
For the purposes of subsection (10) above—
(a)
all the activities which a person carries on by way of business
shall be regarded as a single business carried on by him; and
40
(b)
“money” includes money expressed in a currency other than
sterling.”
8
In section 25 (going equipped for burglary, theft or cheat)—
(a)
in subsections (1) and (3) for “burglary, theft or cheat” substitute
“burglary or theft”, and
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Fraud Bill [HL]
Schedule 1 — Minor and consequential amendments
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(b)
in subsection (5) omit “, and “cheat” means an offence under section
15 of this Act”.
Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))
9
Omit section 15B (section 15A: supplementary).
10
In section 19(3) (suppression etc. of documents—interpretation), omit
5
““deception” has the same meaning as in section 15, and”.
11    (1)
In section 23(5) (meaning of “stolen goods”) for “in the circumstances
described in section 15(1)” substitute “, subject to subsection (6), by fraud
(within the meaning of the Fraud Act 2006)”.
      (2)
After section 23(5) insert—
10
“(6)
Subsection (1) applies in relation to goods obtained by fraud as if—
(a)
the reference to the commencement of this Act were a
reference to the commencement of the Fraud Act 2006, and
(b)
the reference to an offence under this Act were a reference to
an offence under section 1 of that Act.”
15
12    (1)
In section 23A (dishonestly retaining a wrongful credit), omit subsections (3)
and (4) and after subsection (2) insert—
“(2A)
A credit to an account is wrongful to the extent that it derives from—
(a)
theft;
(b)
blackmail;
20
(c)
fraud (contrary to section 1 of the Fraud Act 2006); or
(d)
stolen goods.”
      (2)
In subsection (7), for “subsection (4)” substitute “subsection (2A)”.
      (3)
For subsection (9) substitute—
“(9)
“Account” means an account kept with—
25
(a)
a bank;
(b)
a person carrying on a business which falls within subsection
(10); or
(c)
an issuer of electronic money (as defined for the purposes of
Part 2 of the Financial Services and Markets Act 2000).
30
(10)
A business falls within this subsection if—
(a)
in the course of the business money received by way of
deposit is lent to others; or
(b)
any other activity of the business is financed, wholly or to any
material extent, out of the capital of or the interest on money
35
received by way of deposit.
(11)
References in subsection (10) to a deposit must be read with—
(a)
section 22 of the Financial Services and Markets Act 2000;
(b)
any relevant order under that section; and
(c)
Schedule 2 to that Act;
40

but any restriction on the meaning of deposit which arises from the
identity of the person making it is to be disregarded.
(12)
For the purposes of subsection (10)—

Fraud Bill [HL]
Schedule 1 — Minor and consequential amendments
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(a)
all the activities which a person carries on by way of business
shall be regarded as a single business carried on by him; and
(b)
“money” includes money expressed in a currency other than
sterling.”
13
In section 24 (going equipped for burglary, theft or cheat)—
5
(a)
in subsections (1) and (3), for “burglary, theft or cheat” substitute
“burglary or theft”, and
(b)
in subsection (5), omit “, and “cheat” means an offence under section
15”.
Theft Act 1978 (c. 31)
10
14
In section 4 (punishments), omit subsection (2)(a).
15
In section 5 (supplementary), omit subsection (1).
Theft (Northern Ireland) Order 1978 (S.I. 1978/1407 (N.I. 23))
16
In Article 6 (punishments), omit paragraph (2)(a).
17
In Article 7 (supplementary), omit paragraph (1).
15
Limitation Act 1980 (c. 58)
18
In section 4 (special time limit in case of theft), for subsection (5)(b)
substitute—
“(b)
obtaining any chattel (in England and Wales or elsewhere)
by—
20
(i)
blackmail (within the meaning of section 21 of the
Theft Act 1968), or
(ii)
fraud (within the meaning of the Fraud Act 2006);”.
Finance Act 1982 (c. 39)
19
In section 11(1) (powers of Commissioners with respect to agricultural
25
levies), for “or the Theft (Northern Ireland) Order 1978,” substitute “, the
Theft (Northern Ireland) Order 1978 or the Fraud Act 2006”.
Nuclear Material (Offences) Act 1983 (c. 18)
20
In section 1 (extended scope of certain offences), in subsection (1)(d), omit
“15 or” (in both places).
30
Police and Criminal Evidence Act 1984 (c. 60)
21
In section 1 (power of constable to stop and search persons, vehicles etc.), in
subsection (8), for paragraph (d) substitute—
“(d)
fraud (contrary to section 1 of the Fraud Act 2006).”
Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))
35
22
In Article 18 (special time limit in case of theft), for paragraph (5)(b)
substitute—
“(b)
obtaining any chattel (in Northern Ireland or elsewhere) by—

Fraud Bill [HL]
Schedule 1 — Minor and consequential amendments
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(i)
blackmail (within the meaning of section 20 of the
Theft Act (Northern Ireland) 1969), or
(ii)
fraud (within the meaning of the Fraud Act 2006);”.
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
23
In Article 3 (power of constable to stop and search persons, vehicles etc.), in
5
paragraph (8), for sub-paragraph (d) substitute—
“(d)
fraud (contrary to section 1 of the Fraud Act 2006).”
Criminal Justice Act 1993 (c. 36)
24    (1)
In section 1(2) (Group A offences), omit the entries in paragraph (a) relating
to sections 15, 15A, 16 and 20(2) of the Theft Act 1968.
10
      (2)
Omit section 1(2)(b).
      (3)
Before section 1(2)(c) insert—
“(bb)
an offence under any of the following provisions of the Fraud
Act 2006—
(i)
section 1 (fraud);
15
(ii)
section 6 (possession etc. of articles for use in frauds);
(iii)
section 7 (making or supplying articles for use in
frauds);
(iv)
section 9 (participating in fraudulent business carried
on by sole trader etc.);
20
(v)
section 11 (obtaining services dishonestly).”
25    (1)
Amend section 2 (jurisdiction in respect of Group A offences) as follows.
      (2)
In subsection (1), after “means” insert “(subject to subsection (1A))”.
      (3)
After subsection (1) insert—
“(1A)
In relation to an offence under section 1 of the Fraud Act 2006 (fraud),
25
“relevant event” includes—
(a)
if the fraud involved an intention to make a gain and the gain
occurred, that occurrence;
(b)
if the fraud involved an intention to cause a loss or to expose
another to a risk of loss and the loss occurred, that
30
occurrence.”
Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15))
26
In Article 14 (compensation orders), in paragraphs (3) and (4)(a) for “or
Article 172 of the Road Traffic (Northern Ireland) Order 1981” substitute “,
Article 172 of the Road Traffic (Northern Ireland) Order 1981 or the Fraud
35
Act 2006”.
Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))
27    (1)
In Article 38(2) (Group A offences), omit the entries in sub-paragraph (a)
relating to sections 15, 15A, 16 and 19(2) of the Theft Act (Northern Ireland)
1969.
40
      (2)
Omit Article 38(2)(b).

Fraud Bill [HL]
Schedule 1 — Minor and consequential amendments
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      (3)
Before Article 38(2)(c) insert—
“(bb)
an offence under any of the following provisions of the Fraud
Act 2006—
(i)
section 1 (fraud);
(ii)
section 6 (possession etc. of articles for use in frauds);
5
(iii)
section 7 (making or supplying articles for use in
frauds);
(iv)
section 9 (participating in fraudulent business carried
on by sole trader etc.);
(v)
section 11 (obtaining services dishonestly).”
10
28    (1)
Amend Article 39 (jurisdiction in respect of Group A offences) as follows.
      (2)
In paragraph (1), after “means” insert “(subject to paragraph (1A))”.
      (3)
After paragraph (1) insert—
“(1A)
In relation to an offence under section 1 of the Fraud Act 2006 (fraud),
“relevant event” includes—
15
(a)
if the fraud involved an intention to make a gain and the gain
occurred, that occurrence;
(b)
if the fraud involved an intention to cause a loss or to expose
another to a risk of loss and the loss occurred, that
occurrence.”
20
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
29
In section 130 (compensation orders), in subsections (5) and (6)(a), after
“Theft Act 1968” insert “or Fraud Act 2006”.
Terrorism Act 2000 (c. 11)
30    (1)
In Schedule 9 (scheduled offences), in paragraph 10, at the end of sub-
25
paragraph (d) insert “and” and omit paragraph (e).
      (2)
After paragraph 22A of that Schedule insert—
“Fraud Act 2006
23
Offences under section 1 of the Fraud Act 2006 (fraud) subject to
note 2 below.”
30
      (3)
In note 2 to Part 1 of Schedule 9, for “paragraph 10(a), (c) or (e)” substitute
“paragraph 10(a) or (c) or 23”.
31    (1)
In Schedule 12 (compensation), in paragraph 12(1), omit “(within the
meaning of section 15(4) of the Theft Act (Northern Ireland) 1969)”.
      (2)
After paragraph 12(1) of that Schedule insert—
35
   “(1A)
“Deception” means any deception (whether deliberate or reckless)
by words or conduct as to fact or as to law, including a deception
as to the present intentions of the person using the deception or
any other person.”

Fraud Bill [HL]
Schedule 1 — Minor and consequential amendments
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Criminal Justice and Court Services Act 2000 (c. 43)
32    (1)
In Schedule 6 (trigger offences), in paragraph 1, omit the entry relating to
section 15 of the Theft Act 1968.
      (2)
After paragraph 2 of Schedule 6 insert—
“3
Offences under the following provisions of the Fraud Act 2006 are
5
trigger offences—
section 1 (fraud)
section 6 (possession etc. of articles for use in frauds)
section 7 (making or supplying articles for use in frauds).”
Armed Forces Act 2001 (c. 19)
10
33
In section 2(9) (definition of prohibited articles for purposes of powers to
stop and search), for paragraph (d) substitute—
“(d)
fraud (contrary to section 1 of the Fraud Act 2006).”
Licensing Act 2003 (c. 17)
34
In Schedule 4 (personal licence: relevant offences), after paragraph 20
15
insert—
“21
An offence under the Fraud Act 2006.”
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)
35    (1)
In section 14(2) (offences giving rise to immigration officer’s power of
arrest), omit paragraph (g)(ii) and (iii), in paragraph (h), “15, 16” and
20
paragraphs (i) and (j).
      (2)
After section 14(2)(h) insert—
“(ha)
an offence under either of the following provisions of the
Fraud Act 2006—
(i)
section 1 (fraud);
25
(ii)
section 11 (obtaining services dishonestly),”.
Serious Organised Crime and Police Act 2005 (c. 15)
36
In section 76 (financial reporting orders: making), in subsection (3), for
paragraphs (a) and (b) substitute—
“(aa)
an offence under either of the following provisions of the
30
Fraud Act 2006—
(i)
section 1 (fraud),
(ii)
section 11 (obtaining services dishonestly),”.
37
In section 78 (financial reporting orders: making in Northern Ireland), in
subsection (3), for paragraphs (a) and (b) substitute—
35
“(aa)
an offence under either of the following provisions of the
Fraud Act 2006—
(i)
section 1 (fraud),
(ii)
section 11 (obtaining services dishonestly),”.