Fraud Act 2006
| Jurisdiction | UK Non-devolved |
| Citation | 2006 c. 35 |
| Year | 2006 |
(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) .section 2 (fraud by false representation) ,section 3 (fraud by failing to disclose information) , andsection 4 (fraud by abuse of position) .on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both) ;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.dishonestly makes a false representation, andto make a gain for himself or another, orto cause loss to another or to expose another to a risk of loss.it is untrue or misleading, andthe person making it knows that it is, or might be, untrue or misleading.the person making the representation, orany 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) .(a) dishonestly fails to disclose to another person information which he is under a legal duty to disclose, andto make a gain for himself or another, orto cause loss to another or to expose another to a risk of loss.occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,dishonestly abuses that position, andto make a gain for himself or another, orto cause loss to another or to expose another to a risk of loss.(2) A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.(1) The references to gain and loss in sections 2 to 4 are to be read in accordance with this section.extend only to gain or loss in money or other property;include any such gain or loss whether temporary or permanent;(3) “Gain” includes a gain by keeping what one has, as well as a gain by getting what one does not have.(4) “Loss” includes a loss by not getting what one might get, as well as a loss by parting with what one has.(1) A person is guilty of an offence if he has in his possession or under his control any article for use in the course of or in connection with any fraud.on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both) ;on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or to both) .(3) Subsection (2) (a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.knowing that it is designed or adapted for use in the course of or in connection with fraud, orintending it to be used to commit, or assist in the commission of, fraud.on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both) ;on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both) .(3) Subsection (2) (a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.sections 6 and 7, andthe provisions listed in subsection (2) , so far as they relate to articles for use in the course of or in connection with fraud,“article” includes any program or data held in electronic form.section 1(7) (b) of the Police and Criminal Evidence Act 1984 (c. 60) ,section 2(8) (b) of the Armed Forces Act 2001 (c. 19) , andArticle 3(7) (b) of the Police and Criminal Evidence (Northern
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