Fraud Act 2006
2006 CHAPTER 35
CONTENTS
Go to Preamble
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Fraud
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1. Fraud
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2. Fraud by false representation
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3. Fraud by failing to disclose information
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4. Fraud by abuse of position
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5. "Gain" and "loss"
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6. Possession etc. of articles for use in frauds
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7. Making or supplying articles for use in frauds
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8. "Article"
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9. Participating in fraudulent business carried on by sole trader etc.
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10. Participating in fraudulent business carried on by company etc.: penalty
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Obtaining services dishonestly
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11. Obtaining services dishonestly
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Supplementary
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12. Liability of company officers for offences by company
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13. Evidence
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14. Minor and consequential amendments etc.
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15. Commencement and extent
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16. Short title
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Schedule 1
Minor and consequential amendments
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Schedule 2
Transitional provisions and savings
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Schedule 3
Repeals and revocations
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An Act to make provision for, and in connection with, criminal liability for fraud and obtaining services dishonestly. 9
[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
(1) A person is guilty of fraud if he is in breach of any of the sections listed in subsection (2) (which provide for different ways of committing the offence).
(2) The sections are–
(a) section 2 (fraud by false representation),
(b) section 3 (fraud by failing to disclose information), and
(c) section 4 (fraud by abuse of position).
(3) A person who is guilty of fraud is liable–
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);
(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).
(4) Subsection (3)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.
2 Fraud by false representation
(1) A person is in breach of this section if he–
(a) dishonestly makes a false representation, and
(b) intends, by making the representation–
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.
(2) A representation is false if–
(a) it is untrue or misleading, and
(b) the person making it knows that it is, or might be, untrue or misleading.
(3) "Representation" means any representation as to fact or law, including a representation as to the state of mind of–
(a) the person making the representation, or
(b) any other person.
(4) A representation may be express or implied.
(5) For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).
3 Fraud by failing to disclose information
A person is…