Explanatory Notes

Fraud Act 2006

2006 CHAPTER 35

8 November 2006

Summary

7.The Act provides for a general offence of fraud with three ways of committing it, which are by false representation, by failing to disclose information and by abuse of position. It creates new offences of obtaining services dishonestly and of possessing, making and supplying articles for use in frauds. It also contains a new offence of fraudulent trading applicable to non-corporate traders. This offence parallels the offences in section 458 of the Companies Act 1985 (c. 6) and Article 451 of the Companies (Northern Ireland) Order 1986 (SI 1986/1032 (N.I. 6)), which apply to companies and certain other corporate bodies. The Act repeals the deception offences in sections 15, 15A, 16, and 20(2) of the Theft Act 1968 (c. 60), sections 15, 15A, 16 and 19(2) of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)), sections 1 and 2 of the Theft Act 1978 (c. 31) and Articles 3 and 4 of the Theft (Northern Ireland) Order 1978 (SI 1978/1407 (N.I. 23)).