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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

 

 

 
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