The Cabinet Office has launched a public consultation on legislation to update and clarify the Island’s laws against fraud.
The draft Fraud Bill is intended to provide the Island with modern, sophisticated and flexible provisions against fraud.
Current law covering fraud is contained within the Theft Act 1981, which is based on UK legislation from 1968.
The draft Fraud Bill is largely based on the UK’s Fraud Act 2006. The Bill establishes the general offence of fraud with three ways of committing it:
• fraud by false representation;
• fraud by failing to disclose information; and
• fraud by abuse of position.
The Bill also creates new offences of obtaining services dishonestly and of possessing, making and supplying articles for use in frauds.
In addition, the Bill contains a new offence of participating in fraudulent business. This offence, broadly speaking, is a combination of section 9 of the UK’s Fraud Act 2006 (participating in fraudulent business carried on by sole trader etc.) and section 993 of the UK’s Companies Act 2006 (offence of fraudulent trading).
Finally, the Bill includes provision about charges of, and penalties for, conspiracy to defraud.
The consultation document is available on the Isle of Man Government website at:
https://www.gov.im/ConsultationDetail.gov?id=589
Comments can be submitted by email to fraudbill@gov.im or in writing to:
Anne Shimmin
Fraud Bill Consultation
Cabinet Office
Government Office
Bucks Road
Douglas
ISLE OF MAN
IM1 3PN
The deadline for responses is Friday 7 October 2016.
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