Fraud Act 2006
2006 c. 35An Act to make provision for, and in connection with, criminal liability for fraud and obtaining services dishonestly.
Enacted[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:—
Fraud¶
1 Fraud¶
2 Fraud by false representation¶
3 Fraud by failing to disclose information¶
A person is in breach of this section if he—4 Fraud by abuse of position¶
5 “Gain” and “loss”¶
6 Possession etc. of articles for use in frauds¶
7 Making or supplying articles for use in frauds¶
8 “Article”¶
9 Participating in fraudulent business carried on by sole trader etc.¶
F810 Participating in fraudulent business carried on by company etc.: penalty¶
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Obtaining services dishonestly¶
11 Obtaining services dishonestly¶
Supplementary¶
12 Liability of company officers for offences by company¶
13 Evidence¶
14 Minor and consequential amendments etc.¶
P115 Commencement and extent¶
16 Short title¶
This Act may be cited as the Fraud Act 2006.SCHEDULES
SCHEDULE 1 ¶
Minor and consequential amendments
Section 14(1)
Abolition of various deception offences¶
Visiting Forces Act 1952 (c. 67)¶
Theft Act 1968 (c. 60)¶
Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))¶
Theft Act 1978 (c. 31)¶
Theft (Northern Ireland) Order 1978 (S.I. 1978/1407 (N.I. 23))¶
Limitation Act 1980 (c. 58)¶
.
Finance Act 1982 (c. 39)¶
Nuclear Material (Offences) Act 1983 (c. 18)¶
Police and Criminal Evidence Act 1984 (c. 60)¶
Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))¶
.
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))¶
Criminal Justice Act 1993 (c. 36)¶
Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15))¶
Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))¶
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)¶
Terrorism Act 2000 (c. 11)¶
Criminal Justice and Court Services Act 2000 (c. 43)¶
Armed Forces Act 2001 (c. 19)¶
Licensing Act 2003 (c. 17)¶
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)¶
.
Serious Organised Crime and Police Act 2005 (c. 15)¶
.
.
Gambling Act 2005 (c. 19)¶
SCHEDULE 2 ¶
Transitional provisions and savings
Section 14(2)
Maximum term of imprisonment for offences under this Act¶
Increase in penalty for fraudulent trading¶
Abolition of deception offences¶
Scope of offences relating to stolen goods under the Theft Act 1968 (c. 60)¶
Dishonestly retaining a wrongful credit under the Theft Act 1968¶
Scope of offences relating to stolen goods under the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))¶
Dishonestly retaining a wrongful credit under the Theft Act (Northern Ireland) 1969¶
Limitation periods under the Limitation Act 1980 (c. 58)¶
Limitation periods under the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))¶
Scheduled offences under the Terrorism Act 2000 (c. 11)¶
Powers of arrest under Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)¶
SCHEDULE 3 ¶
Repeals and revocations
Section 14(3)
| 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”. 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 under section 15 of this Act”. |
| Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) | Sections 15, 15A, 15B and 16. Section 19(2). In section 19(3), “ “deception” has the same meaning as in section 15, and”. 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). Section 5(1). |
| Theft (Northern Ireland) Order 1978 (S.I. 1978/1407 (N.I. 23)) | Articles 3 and 4. Article 6(2)(a). Article 7(1). |
| Nuclear Material (Offences) Act 1983 (c. 18) | In section 1(1)(d), “15 or” (in both places). |
| 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). |
| Theft (Amendment) Act 1996 (c. 62) | Sections 1, 3(2) and 4. |
| Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) | In Article 38(2), the entries in sub-paragraph (a) relating to sections 15, 15A, 16 and 19(2) of the Theft Act (Northern Ireland) 1969. Article 38(2)(b). |
| Theft (Amendment) (Northern Ireland) Order 1997 (S.I. 1997/277 (N.I. 3)) | Articles 3, 5(2) and 6. |
| Terrorism Act 2000 (c. 11) | In Schedule 9, paragraph 10(e). 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 Services Act 2000 (c. 43) | In Schedule 6, in paragraph 1, the entry relating to section 15 of the Theft Act 1968. |
| Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) | In section 14(2), paragraph (g)(ii) and (iii), in paragraph (h), “15, 16” and paragraphs (i) and (j). |
Footnotes
- P1S. 15 power fully exercised: 15.1.2007 appointed for specified provisions by {S.I. 2006/3200}, art. 2
- F1Words in s. 9(2)(a) substituted (1.10.2007 with application as mentioned in Sch. 4 para. 111(6) of the amending S.I.) by virtue of The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), arts. 1(3)(a), 10(1), Sch. 4 para. 111(2) (with art. 12)
- F2Words in s. 9(3) substituted (1.10.2007 with application as mentioned in Sch. 4 para. 111(6) of the amending S.I.) by The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), arts. 1(3)(a), 10(1), Sch. 4 para. 111(3)(a) (with art. 12)
- F3Words in s. 9(5) substituted (1.10.2007 with application as mentioned in Sch. 4 para. 111(6) of the amending S.I.) by The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), arts. 1(3)(a), 10(1), Sch. 4 para. 111(5) (with art. 12)
- F4S. 9(4) repealed (1.10.2007 with application as mentioned in Sch. 4 para. 111(6) of the amending S.I.) by The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), arts. 1(3)(a), 10(1)(3), Sch. 4 para. 111(4), Sch. 5 (with art. 12)
- F5Words in s. 6(2)(a) (and, by implication, the same words in s. 6(3)) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
- F6Words in s. 9(6)(a) (and, by implication, the same words in s. 9(7)) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
- F7Words in s. 11(3)(a) (and, by implication, the same words in s. 11(4)) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
- C1Sch. 1 para. 29 modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2
- F8S. 10 repealed (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 2 (with art. 10)
- F9Sch. 1 para. 29 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with s. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
- F10Words in Sch. 2 para. 1 substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
- F11Words in s. 9(3)(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 257 (with art. 10)
- F12Words in Sch. 2 para. 1 substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
- F13Words in s. 7(2)(a) (and, by implication, the same words in s. 7(3)) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
- F14Words in s. 1(3)(a) (and, by implication, the same words in s. 1(4)) substituted (7.2.2023 at 12.00 p.m.) by virtue of The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1