Legalize / United Kingdom / Prevention of Social Housing Fraud Act 2013 / History

Reform history

Prevention of Social Housing Fraud Act 2013

4 versions · 2013-01-31

2022-12-01

Prevention of Social Housing Fraud Act 2013

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2013-11-05

Prevention of Social Housing Fraud Act 2013

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2013-10-15

Prevention of Social Housing Fraud Act 2013

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Changes on 2013-10-15

@@ -10,11 +10,11 @@

- (i) the whole of the dwelling-house, or

- (ii) part of the dwelling-house without the landlord’s written consent,

- (b) the tenant ceases to occupy the dwelling-house as the tenant’s only or principal home, and

- (c) the tenant knows that the conduct described in paragraph [(a)](https://www.legislation.gov.uk/ukpga/2013/3/section/1/1/a/enacted) is a breach of a term of the tenancy.

- (ii) part of the dwelling-house without the landlord's written consent,

- (b) the tenant ceases to occupy the dwelling-house as the tenant's only or principal home, and

- (c) the tenant knows that the conduct described in paragraph (a) is a breach of a term of the tenancy.

- (2) A tenant of a dwelling-house let under a secure tenancy commits an offence if—

@@ -22,25 +22,25 @@

- (i) the whole of the dwelling-house, or

- (ii) part of the dwelling-house without the landlord’s written consent, and

- (b) the tenant ceases to occupy the dwelling-house as the tenant’s only or principal home.

- (3) The offence under subsection [(1)](https://www.legislation.gov.uk/ukpga/2013/3/section/1/1/enacted) is not committed where the tenant takes the action described in paragraphs [(a)](https://www.legislation.gov.uk/ukpga/2013/3/section/1/1/a/enacted) and [(b)](https://www.legislation.gov.uk/ukpga/2013/3/section/1/1/b/enacted) of that subsection because of violence or threats of violence by a person residing in, or in the locality of, the dwelling-house—

- (ii) part of the dwelling-house without the landlord's written consent, and

- (b) the tenant ceases to occupy the dwelling-house as the tenant's only or principal home.

- (3) The offence under subsection (1) is not committed where the tenant takes the action described in paragraphs (a) and (b) of that subsection because of violence or threats of violence by a person residing in, or in the locality of, the dwelling-house—

- (a) towards the tenant, or

- (b) towards a member of the family of the tenant who was residing with the tenant immediately before the tenant ceased to occupy the dwelling-house.

- (4) The offence under subsection [(1)](https://www.legislation.gov.uk/ukpga/2013/3/section/1/1/enacted) is not committed if a person (“P”) who occupies the dwelling-house as a result of the conduct described in subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2013/3/section/1/1/a/enacted) is—

- (4) The offence under subsection (1) is not committed if a person (“P”) who occupies the dwelling-house as a result of the conduct described in subsection (1)(a) is—

- (a) a person entitled to apply to the court for an order giving P a right to occupy the dwelling-house or to have the tenancy transferred to P, or

- (b) a person in respect of whom an application may be made to have the tenancy transferred to P or to another person to be held for P’s benefit.

- (5) A person convicted of an offence under subsection [(1)](https://www.legislation.gov.uk/ukpga/2013/3/section/1/1/enacted) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

- (6) A person convicted of an offence under subsection [(2)](https://www.legislation.gov.uk/ukpga/2013/3/section/1/2/enacted) is liable—

- (b) a person in respect of whom an application may be made to have the tenancy transferred to P or to another person to be held for P's benefit.

- (5) A person convicted of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

- (6) A person convicted of an offence under subsection (2) is liable—

- (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

@@ -54,15 +54,15 @@

- (a) in breach of an express or implied term of the tenancy, the tenant sub-lets or parts with possession of the whole or part of the dwelling-house,

- (b) the tenant ceases to occupy the dwelling-house as the tenant’s only or principal home, and

- (c) the tenant knows that the conduct described in paragraph [(a)](https://www.legislation.gov.uk/ukpga/2013/3/section/2/1/a/enacted) is a breach of a term of the tenancy.

- (b) the tenant ceases to occupy the dwelling-house as the tenant's only or principal home, and

- (c) the tenant knows that the conduct described in paragraph (a) is a breach of a term of the tenancy.

- (2) A tenant of a dwelling-house let under an assured tenancy to which this section applies commits an offence if—

- (a) dishonestly and in breach of an express or implied term of the tenancy, the tenant sub-lets or parts with possession of the whole or part of the dwelling-house, and

- (b) the tenant ceases to occupy the dwelling-house as the tenant’s only or principal home.

- (b) the tenant ceases to occupy the dwelling-house as the tenant's only or principal home.

- (3) This section applies to an assured tenancy—

@@ -70,21 +70,21 @@

- (b) which is not a shared ownership lease.

- (4) The offence under subsection [(1)](https://www.legislation.gov.uk/ukpga/2013/3/section/2/1/enacted) is not committed where the tenant takes the action described in paragraphs [(a)](https://www.legislation.gov.uk/ukpga/2013/3/section/2/1/a/enacted) and [(b)](https://www.legislation.gov.uk/ukpga/2013/3/section/2/1/b/enacted) of that subsection because of violence or threats of violence by a person residing in, or in the locality of, the dwelling-house—

- (4) The offence under subsection (1) is not committed where the tenant takes the action described in paragraphs (a) and (b) of that subsection because of violence or threats of violence by a person residing in, or in the locality of, the dwelling-house—

- (a) towards the tenant, or

- (b) towards a member of the family of the tenant who was residing with the tenant immediately before the tenant ceased to occupy the dwelling-house.

- (5) The offence under subsection [(1)](https://www.legislation.gov.uk/ukpga/2013/3/section/2/1/enacted) is not committed if a person (“P”) who occupies the dwelling-house as a result of the conduct described in subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2013/3/section/2/1/a/enacted) is—

- (5) The offence under subsection (1) is not committed if a person (“P”) who occupies the dwelling-house as a result of the conduct described in subsection (1)(a) is—

- (a) a person entitled to apply to the court for an order giving P a right to occupy the dwelling-house or to have the tenancy transferred to P, or

- (b) a person in respect of whom an application may be made to have the tenancy transferred to P or to another person to be held for P’s benefit.

- (6) A person convicted of an offence under subsection [(1)](https://www.legislation.gov.uk/ukpga/2013/3/section/2/1/enacted) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

- (7) A person convicted of an offence under subsection [(2)](https://www.legislation.gov.uk/ukpga/2013/3/section/2/2/enacted) is liable—

- (b) a person in respect of whom an application may be made to have the tenancy transferred to P or to another person to be held for P's benefit.

- (6) A person convicted of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

- (7) A person convicted of an offence under subsection (2) is liable—

- (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

@@ -94,7 +94,7 @@

##### 3

- (1) Proceedings for an offence under section 1(1) or 2[(1)](https://www.legislation.gov.uk/ukpga/2013/3/section/2/1/enacted) may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor’s knowledge.

- (1) Proceedings for an offence under section 1(1) or 2(1) may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor's knowledge.

- (2) But no such proceedings may be brought more than three years—

@@ -102,17 +102,17 @@

- (b) in the case of continuous contravention, after the last date on which the offence was committed.

- (3) A certificate signed by the prosecutor and stating the date on which such evidence came to the prosecutor’s knowledge is conclusive evidence of that fact; and a certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved.

- (4) Subsections [(1)](https://www.legislation.gov.uk/ukpga/2013/3/section/3/1/enacted) to [(3)](https://www.legislation.gov.uk/ukpga/2013/3/section/3/3/enacted) also apply in relation to an associated offence which is a summary offence (to the extent that they would not otherwise apply to that offence).

- (3) A certificate signed by the prosecutor and stating the date on which such evidence came to the prosecutor's knowledge is conclusive evidence of that fact; and a certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved.

- (4) Subsections (1) to (3) also apply in relation to an associated offence which is a summary offence (to the extent that they would not otherwise apply to that offence).

- (5) A local authority may prosecute an offence under section 1 or 2 in relation to a dwelling-house—

- (a) whether or not the dwelling-house is or was let under a tenancy under which the local authority is or was the landlord, and

- (b) whether or not the dwelling-house is located in the local authority’s area.

- (6) Subsection [(5)](https://www.legislation.gov.uk/ukpga/2013/3/section/3/5/enacted) also applies in relation to an associated offence (to the extent that it would not otherwise apply to that offence).

- (b) whether or not the dwelling-house is located in the local authority's area.

- (6) Subsection (5) also applies in relation to an associated offence (to the extent that it would not otherwise apply to that offence).

#### Unlawful profit orders: criminal proceedings

@@ -134,7 +134,7 @@

- (4) If the court decides not to make an unlawful profit order, it must give reasons for that decision on passing sentence on the offender.

- (5) The amount payable under an unlawful profit order must be such amount as the court considers appropriate, having regard to any evidence and to any representations that are made by or on behalf of the offender or the prosecutor, but subject to subsections [(6)](https://www.legislation.gov.uk/ukpga/2013/3/section/4/6/enacted) and [(7)](https://www.legislation.gov.uk/ukpga/2013/3/section/4/7/enacted).

- (6) The maximum amount payable under an unlawful profit order is calculated as follows—

@@ -144,13 +144,13 @@

- (7) Where an unlawful profit order has been made against the offender under section 5, an order under this section may only provide for the landlord to recover an amount equal to the aggregate of the following—

- (a) any amount by which the amount of the offender’s profit found under this section exceeds the amount payable under the order made under section 5, and

- (a) any amount by which the amount of the offender's profit found under this section exceeds the amount payable under the order made under section 5, and

- (b) a sum equal to any portion of the amount payable under the order made under section 5 that the landlord fails to recover,

and the landlord may not enforce the order under this section, so far as it relates to a sum mentioned in paragraph [(b)](https://www.legislation.gov.uk/ukpga/2013/3/section/4/7/b/enacted), without the leave of the court.

- (8) Subsection [(9)](https://www.legislation.gov.uk/ukpga/2013/3/section/4/9/enacted) applies where the court considers—

and the landlord may not enforce the order under this section, so far as it relates to a sum mentioned in paragraph (b), without the leave of the court.

- (8) Subsection (9) applies where the court considers—

- (a) that, as well as being appropriate to make an unlawful profit order, it would be appropriate to impose a fine, and

@@ -168,7 +168,7 @@

- (12) Sections 131 to 133 of the Powers of Criminal Courts (Sentencing) Act 2000 (supplementary provisions about compensation orders) apply to unlawful profit orders as if—

- (a) references to a compensation order were to an unlawful profit order (subject to paragraph [(d)](https://www.legislation.gov.uk/ukpga/2013/3/section/4/12/d/enacted)),

- (a) references to a compensation order were to an unlawful profit order (subject to paragraph (d)),

- (b) references to the compensation to be paid under a compensation order were to the amount to be paid under an unlawful profit order,

@@ -176,7 +176,7 @@

- (d) the reference in section 133(3)(c) to a confiscation order under Part 6 of the Criminal Justice Act 1988 or Part 2 of the Proceeds of Crime Act 2002 or an unlawful profit order (or both) were to such a confiscation order or a compensation order under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (or both).

- (13) In this section “the landlord” means the landlord under the tenancy in respect of which the offence was committed.

- (13) In this section “*the landlord*” means the landlord under the tenancy in respect of which the offence was committed.

#### Unlawful profit orders: civil proceedings

@@ -184,11 +184,11 @@

- (1) The court may, on the application of the landlord of a dwelling-house let under a secure or an assured tenancy, make an unlawful profit order if—

- (a) in the case of a secure tenancy, the conditions in subsection [(3)](https://www.legislation.gov.uk/ukpga/2013/3/section/5/3/enacted) are met, and

- (b) in the case of an assured tenancy, the conditions in subsection [(4)](https://www.legislation.gov.uk/ukpga/2013/3/section/5/4/enacted) are met.

- (2) An “unlawful profit order” is an order requiring the tenant against whom it is made to pay the landlord an amount representing the profit made by the tenant from the conduct described in subsection [(3)(a)](https://www.legislation.gov.uk/ukpga/2013/3/section/5/3/a/enacted) or [(4)(c)](https://www.legislation.gov.uk/ukpga/2013/3/section/5/4/c/enacted).

- (a) in the case of a secure tenancy, the conditions in subsection (3) are met, and

- (b) in the case of an assured tenancy, the conditions in subsection (4) are met.

- (3) The conditions in the case of a secure tenancy are that a tenant under the tenancy—

@@ -196,11 +196,11 @@

- (i) the whole of the dwelling-house, or

- (ii) part of the dwelling-house without the landlord’s written consent,

- (b) has ceased to occupy the dwelling-house as the tenant’s only or principal home, and

- (c) has received money as a result of the conduct described in paragraph [(a)](https://www.legislation.gov.uk/ukpga/2013/3/section/5/3/a/enacted).

- (ii) part of the dwelling-house without the landlord's written consent,

- (b) has ceased to occupy the dwelling-house as the tenant's only or principal home, and

- (c) has received money as a result of the conduct described in paragraph (a).

- (4) The conditions in the case of an assured tenancy are that—

@@ -210,29 +210,29 @@

- (c) in breach of an express or implied term of the tenancy, a tenant under the tenancy has sub-let or parted with possession of the whole or part of the dwelling-house,

- (d) the tenant has ceased to occupy the dwelling-house as the tenant’s only or principal home, and

- (e) the tenant has received money as a result of the conduct described in paragraph [(c)](https://www.legislation.gov.uk/ukpga/2013/3/section/5/4/c/enacted).

- (5) The amount payable under an unlawful profit order must be such amount as the court considers appropriate, having regard to any evidence and to any representations that are made by or on behalf of the landlord or the tenant, but subject to subsections [(6)](https://www.legislation.gov.uk/ukpga/2013/3/section/5/6/enacted) and [(7)](https://www.legislation.gov.uk/ukpga/2013/3/section/5/7/enacted).

- (d) the tenant has ceased to occupy the dwelling-house as the tenant's only or principal home, and

- (e) the tenant has received money as a result of the conduct described in paragraph (c).

- (6) The maximum amount payable under an unlawful profit order is calculated as follows—

- *Step 1* Determine the total amount the tenant received as a result of the conduct described in subsection [(3)(a)](https://www.legislation.gov.uk/ukpga/2013/3/section/5/3/a/enacted) or [(4)(c)](https://www.legislation.gov.uk/ukpga/2013/3/section/5/4/c/enacted) (or the best estimate of that amount).

- *Step 2* Deduct from the amount determined under step 1 the total amount, if any, paid by the tenant as rent to the landlord (including service charges) over the period during which the conduct described in subsection [(3)(a)](https://www.legislation.gov.uk/ukpga/2013/3/section/5/3/a/enacted) or [(4)(c)](https://www.legislation.gov.uk/ukpga/2013/3/section/5/4/c/enacted) took place.

- *Step 1* Determine the total amount the tenant received as a result of the conduct described in subsection (3)(a) or (4)(c) (or the best estimate of that amount).

- (7) Where an unlawful profit order has been made against the tenant under section 4, an order under this section may only provide for the landlord to recover an amount equal to the aggregate of the following—

- (a) any amount by which the amount of the tenant’s profit found under this section exceeds the amount payable under the order made under section 4, and

- (a) any amount by which the amount of the tenant's profit found under this section exceeds the amount payable under the order made under section 4, and

- (b) a sum equal to any portion of the amount payable under the order made under section 4 that the landlord fails to recover,

- (8) For the purposes of this section “the court” means the High Court or the county court.

- (9) Section 110(3) of the Housing Act 1985 (by which the claimant in proceedings relating to a secure tenancy may not recover the claimant’s costs if the proceedings are taken in the High Court) does not apply to proceedings under this section.

and the landlord may not enforce the order under this section, so far as it relates to a sum mentioned in paragraph (b), without the leave of the court.

- (8) For the purposes of this section “*the court*” means the High Court or the county court.

- (9) Section 110(3) of the Housing Act 1985 (by which the claimant in proceedings relating to a secure tenancy may not recover the claimant's costs if the proceedings are taken in the High Court) does not apply to proceedings under this section.

#### Loss of assured tenancy status

@@ -241,17 +241,17 @@

After section 15 of the Housing Act 1988 insert—

> (15A)

> (1) Subsection [(2)](#p00047) applies if, in breach of an express or implied term of the tenancy, a tenant of a dwelling-house let under an assured tenancy to which this section applies—

> (1) Subsection (2) applies if, in breach of an express or implied term of the tenancy, a tenant of a dwelling-house let under an assured tenancy to which this section applies—

> (a) parts with possession of the dwelling-house, or

> (b) sub-lets the whole of the dwelling-house (or sub-lets first part of it and then the remainder).

> (2) The tenancy ceases to be an assured tenancy and cannot subsequently become an assured tenancy.

> (3) This section applies to an assured tenancy—

> (a) under which the landlord is a private registered provider of social housing or a registered social landlord, and

> (b) which is not a shared ownership lease.

> (4) In this section “registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996.

> (5) In this section “shared ownership lease” means a lease of a dwelling-house—

> (4) In this section “*registered social landlord*” has the same meaning as in Part 1 of the Housing Act 1996.

> (5) In this section “*shared ownership lease*” means a lease of a dwelling-house—

> (a) granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or

> (b) under which the lessee (or the lessee’s personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.

> (b) under which the lessee (or the lessee's personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.

#### Regulations about powers to require information

@@ -273,7 +273,7 @@

with such modifications as the appropriate authority thinks fit.

- (4) For the purposes of subsection [(3)](https://www.legislation.gov.uk/ukpga/2013/3/section/7/3/enacted), each of the following enactments is a “relevant enactment”—

- (4) For the purposes of subsection (3), each of the following enactments is a “relevant enactment”—

- (a) section 109B of the Social Security Administration Act 1992 (powers to require information);

@@ -281,11 +281,11 @@

- (c) section 121DA(2) and (3) of that Act (interpretation of Part 6 of that Act).

- (5) After the repeal of section 110A of the Social Security Administration Act 1992 by Part 1 of Schedule 14 to the Welfare Reform Act 2012, the reference to that section in subsection [(4)](https://www.legislation.gov.uk/ukpga/2013/3/section/7/4/enacted) is to that section as it had effect immediately before it was repealed.

- (5) After the repeal of section 110A of the Social Security Administration Act 1992 by Part 1 of Schedule 14 to the Welfare Reform Act 2012, the reference to that section in subsection (4) is to that section as it had effect immediately before it was repealed.

- (6) A person exercising powers conferred by regulations under this section must have regard to guidance issued or approved by the appropriate authority.

- (7) In this section “housing fraud investigation purposes” means purposes relating to the prevention, detection or securing of evidence for a conviction of—

- (7) In this section “*housing fraud investigation purposes*” means purposes relating to the prevention, detection or securing of evidence for a conviction of—

- (a) an offence under this Act;

@@ -303,9 +303,9 @@

- (iii) a claim to exercise the right to acquire under section 180 of the Housing and Regeneration Act 2008, or

- (f) an associated offence in relation to an offence mentioned in any of paragraphs [(a)](https://www.legislation.gov.uk/ukpga/2013/3/section/7/7/a/enacted) to [(e)](https://www.legislation.gov.uk/ukpga/2013/3/section/7/7/e/enacted).

- (8) In this section “prescribed” means prescribed by regulations under this section.

- (f) an associated offence in relation to an offence mentioned in any of paragraphs (a) to (e).

- (8) In this section “*prescribed*” means prescribed by regulations under this section.

#### Regulations about related offence

@@ -343,7 +343,7 @@

##### 9

- (1) In sections 7 and 8 “the appropriate authority” means—

- (1) In sections 7 and 8 “*the appropriate authority*” means—

- (a) the Secretary of State, in relation to England, and

@@ -373,9 +373,9 @@

- (1) In this Act—

- (a) “secure tenancy” has the meaning given by section 79 of the Housing Act 1985, and

- (b) “assured tenancy” has the same meaning as in Part 1 of the Housing Act 1988.

- (a) “*secure tenancy*” has the meaning given by section 79 of the Housing Act 1985, and

- (b) “*assured tenancy*” has the same meaning as in Part 1 of the Housing Act 1988.

- (2) In the application of this Act in relation to a secure tenancy, the following expressions have the same meaning as in the Housing Act 1985—

@@ -397,13 +397,13 @@

- “tenant” (see section 45(1) and (3) of that Act).

- (4) References in this Act to a member of the tenant’s family (in relation to a secure or an assured tenancy) are to be construed in accordance with section 113 of the Housing Act 1985.

- (5) In this Act “shared ownership lease” means a lease of a dwelling-house—

- (4) References in this Act to a member of the tenant's family (in relation to a secure or an assured tenancy) are to be construed in accordance with section 113 of the Housing Act 1985.

- (5) In this Act “*shared ownership lease*” means a lease of a dwelling-house—

- (a) granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or

- (b) under which the lessee (or the lessee’s personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.

- (b) under which the lessee (or the lessee's personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.

- (6) References in this Act to the landlord under a secure or an assured tenancy include—

@@ -417,11 +417,11 @@

- (b) in a case where the tenancy has ceased to be a secure or an assured tenancy, a person who was the tenant under the tenancy when it was a secure or an assured tenancy.

- (8) In this Act “local authority” means a county council, a county borough council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly.

- (9) In this Act “registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996.

- (10) In this Act “associated offence”, in relation to an offence, means—

- (8) In this Act “*local authority*” means a county council, a county borough council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly.

- (9) In this Act “*registered social landlord*” has the same meaning as in Part 1 of the Housing Act 1996.

- (10) In this Act “*associated offence*”, in relation to an offence, means—

- (a) an offence of aiding, abetting, counselling or procuring the commission of that offence,

@@ -433,7 +433,7 @@

##### 12

- (1) This Act extends to England and Wales only, subject to subsection [(2)](https://www.legislation.gov.uk/ukpga/2013/3/section/12/2/enacted).

- (1) This Act extends to England and Wales only, subject to subsection (2).

- (2) An amendment of an Act made by this Act has the same extent as the provision to which it relates.

@@ -443,9 +443,9 @@

- (b) in relation to Wales, on such day as the Welsh Ministers may by order appoint.

- (4) An order under subsection [(3)](https://www.legislation.gov.uk/ukpga/2013/3/section/12/3/enacted) is to be made by statutory instrument.

- (5) An order under subsection [(3)](https://www.legislation.gov.uk/ukpga/2013/3/section/12/3/enacted) may—

- (4) An order under subsection (3) is to be made by statutory instrument.

- (5) An order under subsection (3) may—

- (a) appoint different days for different purposes, and

@@ -463,7 +463,7 @@

##### 2

In section 41(8) (power of Crown Court to specify longer period of imprisonment for default under compensation order), after “paragraph 10” insert “or 13A”.

In section 41(8) (power of Crown Court to specify longer period of imprisonment for default under compensation order), after “paragraph 10” insert “ or 13A ”.

##### 3

@@ -487,22 +487,22 @@

- (2) In subsection (1)—

- (a) after “compensation order” insert “or unlawful profit order”, and

- (b) in paragraph (a), for “or compensation” substitute “, compensation or unlawful profit”.

- (3) In subsection (3)(b), after “compensation order” insert “or unlawful profit order”.

- (a) after “compensation order” insert “ or unlawful profit order ”, and

- (b) in paragraph (a), for “or compensation” substitute “ , compensation or unlawful profit ”.

- (3) In subsection (3)(b), after “compensation order” insert “ or unlawful profit order ”.

- (4) In subsection (4), after the definition of “prescribed” insert

> ;

> - unlawful profit order” means an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

> unlawful profit order” means an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

#### Family Law Act 1996 (c. 27)

##### 6

In section 30(4)(b) of the Family Law Act 1996 (occupation by spouse or civil partner with home rights to be treated as occupation by other spouse or civil partner), for “and Chapter I of Part V of the Housing Act 1996” substitute “, Chapter 1 of Part 5 of the Housing Act 1996 and the Prevention of Social Housing Fraud Act 2013”.

In section 30(4)(b) of the Family Law Act 1996 (occupation by spouse or civil partner with home rights to be treated as occupation by other spouse or civil partner), for “and Chapter I of Part V of the Housing Act 1996” substitute “ , Chapter 1 of Part 5 of the Housing Act 1996 and the Prevention of Social Housing Fraud Act 2013 ”.

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

@@ -512,11 +512,11 @@

##### 8

In section 12(7) (power to order absolute or conditional discharge not to affect power to make various orders), after “orders)” insert “or from making in respect of the offence an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.”

In section 12(7) (power to order absolute or conditional discharge not to affect power to make various orders), after “orders)” insert “ or from making in respect of the offence an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013. ”

##### 9

In section 133(3)(c) (review of compensation order where person subject to confiscation order made in same proceedings), after “Proceeds of Crime Act 2002” insert “or an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013 (or both).”

In section 133(3)(c) (review of compensation order where person subject to confiscation order made in same proceedings), after “Proceeds of Crime Act 2002” insert “ or an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013 (or both). ”

##### 10

@@ -542,13 +542,13 @@

##### 13

In section 7(3) (calculation of recoverable amount), after “section 6(6)” insert “or 6(6A)”.

In section 7(3) (calculation of recoverable amount), after “section 6(6)” insert “ or 6(6A) ”.

##### 14

- (1) Section 13 (effect of confiscation order on court’s other powers) is amended as follows.

- (2) In subsection (3) (confiscation order to be taken into account before making certain orders), in paragraph (a) (orders other than compensation orders), after “(compensation orders)” insert “or an order under section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders)”.

- (1) Section 13 (effect of confiscation order on court's other powers) is amended as follows.

- (2) In subsection (3) (confiscation order to be taken into account before making certain orders), in paragraph (a) (orders other than compensation orders), after “(compensation orders)” insert “ or an order under section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders) ”.

- (3) In subsection (5) (confiscation order and compensation order in same proceedings)—

@@ -560,9 +560,9 @@

> (iii) a confiscation order, a compensation order and an unlawful profit order,

> against the same person in the same proceedings,”, and

- (b) in paragraph (b), after “both the orders” insert “or all the orders”.

- (4) In subsection (6) (payment of compensation out of sums recovered under confiscation order), after “compensation” insert “or amount payable under the unlawful profit order (or both)”.

- (b) in paragraph (b), after “both the orders” insert “ or all the orders ”.

- (4) In subsection (6) (payment of compensation out of sums recovered under confiscation order), after “compensation” insert “ or amount payable under the unlawful profit order (or both) ”.

##### 15

@@ -602,7 +602,7 @@

> ;

> (e) any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders).

- (3) In subsection (8) (disapplication of section 13(5) and (6) where compensation order made), after “Sentencing Act” insert “or an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013”.

- (3) In subsection (8) (disapplication of section 13(5) and (6) where compensation order made), after “Sentencing Act” insert “ or an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013 ”.

##### 18

@@ -613,7 +613,7 @@

> ;

- (3) In subsection (12) (disapplication of section 13(5) and (6) where compensation order made), after “Sentencing Act” insert “or an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013”.

- (3) In subsection (12) (disapplication of section 13(5) and (6) where compensation order made), after “Sentencing Act” insert “ or an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013 ”.

##### 19

@@ -624,19 +624,19 @@

> ;

> (d) any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders).

- (3) In subsection (10) (court not to take account of compensation order if direction made under section 13(6)), after “(9)(c)” insert “or (d)”.

- (3) In subsection (10) (court not to take account of compensation order if direction made under section 13(6)), after “(9)(c)” insert “ or (d) ”.

##### 20

In section 32(7) (Court of Appeal’s power on appeal: duty to have regard to compensation order), after “orders)” insert “or section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders)”.

In section 32(7) (Court of Appeal's power on appeal: duty to have regard to compensation order), after “orders)” insert “ or section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders) ”.

##### 21

In section 33(9) (Crown Court’s powers following appeal to Supreme Court: duty to have regard to compensation order), after “orders)” insert “or section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders)”.

In section 33(9) (Crown Court's powers following appeal to Supreme Court: duty to have regard to compensation order), after “orders)” insert “ or section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders) ”.

##### 22

In section 55(5) (application of sums received under confiscation order to pay compensation), after “compensation” insert “or all or part of an amount payable under an unlawful profit order”.

In section 55(5) (application of sums received under confiscation order to pay compensation), after “compensation” insert “ or all or part of an amount payable under an unlawful profit order ”.

##### 23

@@ -658,17 +658,17 @@

In paragraph 2(2) (interpretation), after the definition of “a sum required to be paid by a compensation order” insert

> ; and

> - a sum required to be paid by an unlawful profit order” means any sum required to be paid by an order made under section 4 of the Prevention of Social Housing Fraud Act 2013.

> a sum required to be paid by an unlawful profit order” means any sum required to be paid by an order made under section 4 of the Prevention of Social Housing Fraud Act 2013.

##### 26

In paragraph 7A (attachment of earnings order or application for benefit deduction where person liable to pay compensation), in sub-paragraph (1), after “a compensation order” insert “or an unlawful profit order”.

##### 27

In paragraph 13(1)(aa) (requirement for collection order to state amount of fine or amount payable under collection order)—

- (a) for “or a sum required to be paid by a compensation order” substitute “, a sum required to be paid by a compensation order or a sum required to be paid by an unlawful profit order”, and

- (a) for “or a sum required to be paid by a compensation order” substitute “ , a sum required to be paid by a compensation order or a sum required to be paid by an unlawful profit order ”, and

- (b) for sub-paragraph (i) substitute—

@@ -684,27 +684,27 @@

##### 29

In section 151 (community order or youth rehabilitation order for persistent offender previously fined), in subsection (5) (fine not to include compensation order, surcharge etc), after “section 161A” insert “, or an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013”.

In section 151 (community order or youth rehabilitation order for persistent offender previously fined), in subsection (5) (fine not to include compensation order, surcharge etc), after “section 161A” insert “ , or an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013 ”.

##### 30

- (1) Section 161A (court’s duty to order payment of surcharge) is amended as follows.

- (1) Section 161A (court's duty to order payment of surcharge) is amended as follows.

- (2) In subsection (3) (reduction of surcharge where compensation order made)—

- (a) in paragraph (a), after “compensation order” insert “or an unlawful profit order (or both)”, and

- (b) in paragraph (b), after “appropriate compensation” insert “or both the surcharge and an appropriate amount under the unlawful profit order (or the surcharge, appropriate compensation and an appropriate amount under the unlawful profit order)”.

- (a) in paragraph (a), after “compensation order” insert “ or an unlawful profit order (or both) ”, and

- (b) in paragraph (b), after “appropriate compensation” insert “ or both the surcharge and an appropriate amount under the unlawful profit order (or the surcharge, appropriate compensation and an appropriate amount under the unlawful profit order) ”.

- (3) After subsection (4) insert—

> (5) In this section “unlawful profit order” means an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

> (5) In this section “*unlawful profit order*” means an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

#### Armed Forces Act 2006 (c. 52)

##### 31

In the section 270A of the Armed Forces Act 2006 inserted by paragraph 20(2) of Schedule 3 to the Armed Forces Act 2011 (exceptions to restrictions on community punishments), in subsection (6) (orders which do not form part of an offender’s sentence), at the end of paragraph (c) insert

> ;

> (d) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

2013-01-31

Prevention of Social Housing Fraud Act 2013

original version Text at this date