http://www.legislation.gov.uk/ukpga/2006/35/crossheading/fraudFraud Act 2006An Act to make provision for, and in connection with, criminal liability for fraud and obtaining services dishonestly.texttext/xmlenStatute Law Database2024-05-18Expert Participation2023-02-07 11A 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).2The sections are—asection 2 (fraud by false representation),bsection 3 (fraud by failing to disclose information), andcsection 4 (fraud by abuse of position).3A person who is guilty of fraud is liable—aon summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum (or to both);bon conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).4Subsection (3)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.21A person is in breach of this section if he—adishonestly makes a false representation, andbintends, by making the representation—ito make a gain for himself or another, oriito cause loss to another or to expose another to a risk of loss.2A representation is false if—ait is untrue or misleading, andbthe 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—athe person making the representation, orbany other person.4A representation may be express or implied.5For 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).3A person is in breach of this section if he—adishonestly fails to disclose to another person information which he is under a legal duty to disclose, andbintends, by failing to disclose the information—ito make a gain for himself or another, oriito cause loss to another or to expose another to a risk of loss.41A person is in breach of this section if he—aoccupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,bdishonestly abuses that position, andcintends, by means of the abuse of that position—ito make a gain for himself or another, oriito cause loss to another or to expose another to a risk of loss.2A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.51The references to gain and loss in sections 2 to 4 are to be read in accordance with this section.2“Gain” and “loss”—aextend only to gain or loss in money or other property;binclude any such gain or loss whether temporary or permanent;and “property” means any property whether real or personal (including things in action and other intangible property).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.61A 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.2A person guilty of an offence under this section is liable—aon summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum (or to both);bon conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or to both).3Subsection (2)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.71A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article—aknowing that it is designed or adapted for use in the course of or in connection with fraud, orbintending it to be used to commit, or assist in the commission of, fraud.2A person guilty of an offence under this section is liable—aon summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum (or to both);bon conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).3Subsection (2)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.81For the purposes of—asections 6 and 7, andbthe 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.2The provisions are—asection 1(7)(b) of the Police and Criminal Evidence Act 1984 (c. 60),bsection 2(8)(b) of the Armed Forces Act 2001 (c. 19), andcArticle 3(7)(b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));(meaning of “prohibited articles” for the purposes of stop and search powers).91A person is guilty of an offence if he is knowingly a party to the carrying on of a business to which this section applies.2This section applies to a business which is carried on—aby a person who is outside the reach of section 993 of the Companies Act 2006 (offence of fraudulent trading), andbwith intent to defraud creditors of any person or for any other fraudulent purpose.3The following are within the reach of that section—aa company (as defined in section 1(1) of the Companies Act 2006);ba person to whom that section applies (with or without adaptations or modifications) as if the person were a company;ca person exempted from the application of that section.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5“Fraudulent purpose” has the same meaning as in that section.6A person guilty of an offence under this section is liable—aon summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum (or to both);bon conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).7Subsection (6)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Words 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)Words 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)Words 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)S. 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)Words 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. 1Words 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. 1S. 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)Words 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)Words 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. 1Words 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