Page:Fraud Act 2006.pdf/10

Fraud Act 2006 (c. 35) Schedule 1—Minor and consequential amendments :(b) in subsection (5) omit “, and “cheat” means an offence under section 15 of this Act”.

Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))

9 Omit section 15B (section 15A: supplementary).

10 In section 19(3) (suppression etc. of documents—interpretation), omit ““deception” has the same meaning as in section 15, and”.

11 (1) In section 23(5) (meaning of “stolen goods”) for “in the circumstances described in section 15(1)” substitute “, subject to subsection (6), by fraud (within the meaning of the Fraud Act 2006)”.

(2) After section 23(5) insert—
 * “(6) Subsection (1) applies in relation to goods obtained by fraud as if—
 * (a) the reference to the commencement of this Act were a reference to the commencement of the Fraud Act 2006, and
 * (b) the reference to an offence under this Act were a reference to an offence under section 1 of that Act.”

12 (1) In section 23A (dishonestly retaining a wrongful credit), omit subsections (3) and (4) and after subsection (2) insert—
 * “(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.”

(2) In subsection (7), for “subsection (4)” substitute “subsection (2A)”.

(3) For subsection (9) substitute—
 * “(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)—