Search Legislation

Theft Act (Northern Ireland) 1969

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As enacted)

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Theft Act (Northern Ireland) 1969, Section 23A. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

[F123ADishonestly retaining a wrongful credit.N.I.

(1)A person is guilty of an offence if—

(a)a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest;

(b)he knows or believes that the credit is wrongful; and

(c)he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled.

(2)References to a credit are to a credit of an amount of money.

[F2(2A)A credit to an account is wrongful to the extent that it derives from—

(a)theft;

(b)blackmail;

(c)fraud (contrary to section 1 of the Fraud Act 2006); or

(d)stolen goods.]

(3)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In determining whether a credit to an account is wrongful, it is immaterial (in particular) whether the account is overdrawn before or after the credit is made.

(6)A person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding ten years.

(7)Subsection (8) applies for purposes of provisions of this Act relating to stolen goods (including [F4subsection (2A)] ).

(8)References to stolen goods include money which is dishonestly withdrawn from an account to which a wrongful credit has been made, but only to the extent that the money derives from the credit.

[F5(9)Account” means an account kept with—

(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).

(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 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;

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)—

(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.]]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources