Page:Fraud Act 2006.pdf/13

Schedule 1—Minor and consequential amendments

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(3) Before Article 38(2)(c) insert—

“(bb) an offence under any of the following provisions of the Fraud Act 2006—

(i) section 1 (fraud);

(ii) section 6 (possession etc. of articles for use in frauds);

(iii) section 7 (making or supplying articles for use in frauds);

(iv) section 9 (participating in fraudulent business carried on by sole trader etc.);

(v) section 11 (obtaining services dishonestly).”

28 (1) Amend Article 39 (jurisdiction in respect of Group A offences) as follows.

(2) In paragraph (1), after “means” insert “(subject to paragraph (1A))”.

(3) After paragraph (1) insert—

“(1A) In relation to an offence under section 1 of the Fraud Act 2006 (fraud), “relevant event” includes—

(a) if the fraud involved an intention to make a gain and the gain occurred, that occurrence;

(b) if the fraud involved an intention to cause a loss or to expose another to a risk of loss and the loss occurred, that occurrence.”

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

29 In section 130 (compensation orders), in subsections (5) and (6)(a), after “Theft Act 1968” insert “or Fraud Act 2006”.

Terrorism Act 2000 (c. 11)

30 (1) In Schedule 9 (scheduled offences), in paragraph 10, at the end of subparagraph (d) insert “and” and omit paragraph (e).

(2) After paragraph 22A of that Schedule insert—

“Fraud Act 2006

23	Offences under section 1 of the Fraud Act 2006 (fraud) subject to note 2 below.”

(3) In note 2 to Part 1 of Schedule 9, for “paragraph 10(a), (c) or (e)” substitute “paragraph 10(a) or (c) or 23”.

31 (1) In Schedule 12 (compensation), in paragraph 12(1), omit “(within the meaning of section 15(4) of the Theft Act (Northern Ireland) 1969)”.

(2) After paragraph 12(1) of that Schedule insert—

“(1A) “Deception” means any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or any other person.”