Professional Documents
Culture Documents
Act of Forgery 1981
Act of Forgery 1981
Act 1981
CHAPTER 45
ARRANGEMENT OF SECTIONS
PART I
FORGERY AND KINDRED OFFENCES
Offences
Section
1. The offence of forgery.
2. The offence of copying a false instrument.
3. The offence of using a false instrument.
4. The offence of using a copy of a false instrument.
5. Offences relating to money orders, share certificates,
passports, etc.
Penalties etc.
6. Penalties for offences under Part I.
7. Powers of search, forfeiture, etc.
Interpretation of Part I
8. Meaning of " instrument ".
9. Meaning of " false " and " making ".
10. Meaning of " prejudice " and " induce ".
Miscellaneous
11. Amendments of Mental Health Acts.
12. Amendments of Road Traffic Acts and Public Passenger
Vehicles Act 1981.
13. Abolition of offence of forgery at common law.
PART II
COUNTERFEITING AND KINDRED OFFENCES
Offences
14. Offences of counterfeiting notes and coins.
15. Offences of passing etc. counterfeit notes and coins.
A
ii c. 45 Forgery and Counterfeiting Act 1981
Section
16. Offences involving the custody or control of counterfeit
notes and coins.
17. Offences involving the making or custody or control of
counterfeiting materials and implements.
18. The offence of reproducing British currency notes.
19. Offences of making etc. imitation British coins.
Prohibition of importation and exportation of counterfeits
20. Prohibition of importation of counterfeit notes and coins.
21. Prohibition of exportation of counterfeit notes and coins.
Penalties etc.
22. Penalties for offences under Part II.
23. Penalties for offences under Customs and Excise Manage-
ment Act 1979 relating to counterfeits.
24. Powers of search, forfeiture, etc.
25. Directors' etc. liability.
26. Amendment of Schedule 1 to the Criminal Justice (Scotland)
Act 1980.
of Part II
Interpretation
27. Meaning of " currency note " and " protected coin ".
28. Meaning of " counterfeit ".
PART III
MISCELLANEOUS AND GENERAL
Miscellaneous
29. Amendment of Post Office Act 1953.
Repeals
30. Enactments repealed.
Extent
31. Scotland.
32. Northern Ireland.
Commencement and short title
33. Commencement.
34. Citation.
SCHEDULE-Repeals.
Part . I-General repeals consequential on Part I.
Part II-General repeals consequential on Part II.
Part III-Northern Ireland legislation-repeals conse-
quential on Parts I and II.
c. 45 1
ELIZABETH II
PART I
FORGERY AND KINDRED OFFENCES
Olences
1. A person is guilty of forgery if he makes a false instru- The offence of
ment, with the intention that he or another shall use it to induce forgery.
somebody to accept it as genuine, and by reason of so accepting
it to do or not to do some act to his own or any other person's
prejudice.
2. It is an offence for a person to make a copy of an The offence of
instrument which is, and which he knows or believes to be, a copying a false
instrument.
false instrument, with the intention that he or another shall use
2 c. 45 Forgery and Counterfeiting Act 1981
The offence of 4. It
is an offence for a person to use a copy of an
using a copy instrument which is, and which he knows or believes to be, a
of a false false instrument, with the intention of inducing somebody to
instrument.
accept it as a copy of a genuine instrument, and by reason of
so accepting it to do or not to do some act to his own or any
other person's prejudice.
Penalties etc.
6.-(1) A person guilty of an offence under this Part of this Penalties for
Act shall be liable on summary conviction- offences under
Part I.
(a) to a fine not exceeding the statutory maximum ; or
(b) to imprisonment for a term not exceeding six months ;
or
(c) to both.
(2) A person guilty of an offence to which this subsection
applies shall be liable on conviction on indictment to imprison-
ment for a term not exceeding ten years.
(3) The offences to which subsection (2) above applies are
offences .under the following provisions of this Part of this Act-
(a) section 1 ;
(b) section 2 ;
(c) section 3 ;
(d) section 4;
(e) section 5(1) ; and
(f) section 5(3).
(4) A person guilty of an offence under section 5(2) or (4)
above shall be liable on conviction on indictment to imprison-
ment for a term not exceeding two years.
A2
4 c. 45 Forgery and Counterfeiting Act 1981
Meaning of 1O.-(1) Subject to subsections (2) and (4) below, for the
" prejudice " purposes of this Part of this Act an act or omission intended
and "induce " to be induced is to a person's prejudice if, and only if, it is one
which, if it occurs-
(a) will result-
(i) in his temporary or permanent loss of property ;
or
(ii) in his being deprived of an opportunity to earn
remuneration or greater remuneration ; or
(iii) in his being deprived of an opportunity to gain
a financial advantage otherwise than by way of re-
muneration ; or
(b) will result in somebody being given an opportunity-
(i) to earn remuneration or greater remuneration
from him ; or
(ii) to gain a financial advantage from him other-
wise than by way of remuneration ; or
(c) will be the result of his having accepted a false instru-
ment as genuine, or a copy of a false instrument as a
copy of a genuine one, in connection with his perform-
ance of any duty.
(2) An act which a person has an enforceable duty to do and
an omission to do an act which a person is not entitled to do
shall be disregarded for the purposes of this Part of this Act.
(3) In this Part of this Act references to inducing somebody
to accept a false instrument as genuine, or a copy of a false
instrument as a copy of a genuine one, include references to
inducing a machine to respond to the instrument or copy as if it
were a genuine instrument or, as the case may be, a copy of a
genuine one.
(4) Where subsection (3) above applies, the act or omission
intended to be induced by the machine responding to the instru-
ment or copy shall be treated as an act or omission to a person's
prejudice.
(5) In this section " loss " includes not getting what one might
get as well as parting with what one has.
Miscellaneous
Amendments 11.-(1) The following subsections shall be substituted for
of Mental
Health Acts.
1959 c. 72.
certain documents) : -
section 125(1) of the Mental Health Act 1959 (forgery etc. of
12. In section 233(2) of the Road Traffic Act 1960, section Amendments
of Road
169(3) of the Road Traffic Act 1972 and section 65(3) of the Traffic Acts
Public Passenger Vehicles Act 1981, for the words " " forges " and Public
means forges within the meaning of the Forgery Act, 1913." Passenger
there shall be substituted the words " " forges " means makes a vehicles Act
false document or other thing in order that it may be used as
1981.
1960 c. 16.
genuine." 1967 c. 76.
1981 c. 14.
8 c. 45 Forgery and Counterfeiting Act 1981
Penalties etc.
Penalties for 22.-(1) A person guilty of an offence to which this subsection
offences under applies shall be liable-
PART II
(a) on summary conviction-
(i) to a fine not exceeding the statutory maximum ;
or
(ii) to imprisonment for a term not exceeding six
months ; or
(iii) to both ; and
(b) on conviction on indictment-
(i) to a fine ; or
Forgery and Counterfeiting Act 1981 c. 45 11
section (4) : -
(b) the following subsection shall be inserted after sub-
THE FORGERY AND Two officials autho- That the coin or note identified
rised to do so by the in the certificate by reference to
COUNTERFEITING ACT 1981
Secretary of State, a label or otherwise is a counter-
sections 14 to 16 (certain
offences relating to being officials of the feit of a currency note or pro-
counterfeiting). authority or body tected coin ; where " currency
which may lawfully note " has the meaning assigned
issue the currency to it by section 27(1)(a) of that
notes or protected Act, and " protected coin "
coins referred to in means any coin which is custo-
column 3 hereof. marily used as money in the
United Kingdom, any of the
Channel Islands, the Isle of Man
or the Republic of Ireland.".
Forgery and Counterfeiting Act 1981 c. 45 15
28.-(1) For the purposes of this Part of this Act a thing is Meaning
" counter-of
a counterfeit of a currency note or of a protected coin-
feit
(a) if it is not a currency note or a protected coin but re-
sembles a currency note or protected coin (whether
on one side only or on both) to such an extent that it is
reasonably capable of passing for a currency note or
protected coin of that description ; or
(b) if it is a currency note or protected coin which has been
so altered that it is reasonably capable of passing for a
currency note or protected coin of some other descrip-
tion.
(2) For the purposes of this Part of this Act-
(a) a thing consisting of one side only of a currency note,
with or without the addition of other material, is a
counterfeit of such a note ;
(b) a thing consisting-
(i) of parts of two or more currency notes ; or
16 c. 45 Forgery and Counterfeiting Act 1981
PART III
MISCELLANEOUS AND GENERAL
Miscellaneous
Amendment 29. In section 63 of the Post Office Act 1953 (prohibition
of Post Office of fictitious stamps) for the words in subsection (3) from " not "
Act 1953. onwards there shall be substituted the words " not exceeding
1953 c. 36. £200 ".
Repeals
Enactments 30. The enactments specified in the Schedule to this Act are
repealed. repealed to the extent mentioned in column 3 of that Schedule.
Extent
Scotland. 31. The following provisions of this Act do not extend to
Scotland, namely-
(a) Part I ; and
(b) Part I of the Schedule.
Northern 32. It is hereby declared that this Act extends to Northern
Ireland. Ireland.
Citation. 34. This Act may be cited as the Forgery and Counterfeiting
Act 1981.
Forgery and Counterfeiting Act 1981 c. 45 17
REPEALS
PART I
32 Geo. 3. Servants' Characters Act In section 1, the word " either ",
c. 56. 1792. the words "or in writing"
and the words "forged or
counterfeited ".
In section 4, the words " forged
or counterfeit " and the words
from " or shall " to " the
same ".
6 & 7 Vict. London Hackney Carri- In section 14, the words from
c. 86. ages Act 1843. " or who " to "forged
recommendations ".
Section 20.
24 & 25 Vict. Forgery Act 1861. The whole Act, so far as
c. 98. unrepealed, except sections
34, 36, 37 and 55.
34 & 35 Vict. Pedlars Act 1871. In section 12, paragraphs (2),
c. 96. (4) and (5).
45 & 46 Vict. Municipal Corporations Section 235.
c. 50. Act 1882.
48 & 49 Vict. Submarine Telegraph Act Section 8(4).
c. 49. 1885.
57 & 58 Vict. Merchant Shipping Act Section 66.
c. 60. 1894. In section 104, paragraph (a)
and, in paragraph (c), the
words " forged, altered ".
In section 282, paragraph (b)
and the word " or " immedi-
ately preceding it.
In section 564, paragraphs (a)
and (b).
Section 695(4).
Section 722(1).
6 Edw. 7. c. 5. Seamen's and Soldiers' In section 1(1), the words from
False Characters Act " forges " to " discharge, or ".
1906. In section 2, the words from
" any forged " to " employ-
ment, or ".
3 &4 Geo. 5. Forgery Act 1913. The whole Act.
c. 27.
10 & l l Geo. 5. Official Secrets Act 1920. In section 1(l)(c), the words
c. 75. " forges, alters, or ", the
words "or uses" and the
word " such It.
18 c. 45 Forgery and Counterfeiting Act 1981
15 & 16 Geo. 5. Criminal Justice Act 1925. In section 11(3), the words from
c. 86. against " to the second
or"
Section 35.
In section 36, in subsection (1),
the words "The forgery of
any passport or ", and sub-
section (2).
Section 38.
21 & 22 Geo. 5. Improvement of Live In section 8, in subsection
c. 43. Stock (Licensing of (1)(i), the words " forges or ",
Bulls) Act 1931. and subsection (2).
24 & 25 Geo. 5. Whaling Industry (Regu- In section 9, in subsection
c. 49. lation) Act 1934. (1)(a), the words " forges or "
and the words from "or
forges " to " Act ", and sub-
section (2).
9 & 10 Geo. 6. Hill Farming Act 1946. In section 19(2)(a), the words
c. 73. from the beginning to " or ",
in the first place where it
occurs.
14 Geo. 6. Diseases of Animals Act Section 78(2)(iv).
c. 36. 1950.
1 & 2 Eliz. 2. Births and Deaths Regis- In section 37, the words
c. 20. tration Act 1953. "forges or" and the words
" or forged ".
1 & 2 Eliz. 2. Post Office Act 1953. In section 23(1), the words " of
c. 36. the Forgery Act, 1913 and ",
the word "other" and the
words " forgery or ", and
subsection (2).
2 & 3 Eliz. 2. Pharmacy Act 1954. In section 20(2), the words
c. 61. " forges, or" in paragraph
(a) and all the words from
"In the application" on-
wards.
6 &
7 Eliz. 2. Horse Breeding Act 1958. Section 11.
c. 43.
6 & 7 Eliz. 2. Public Records Act 1958. In Schedule 3, the entry relating
c. 51. to the Forgery Act 1913.
7 & 8 Eliz. 2. Mental Health Act 1959. Section 125(4).
c. 72. In Part I of Schedule 7, the
entry relating to the Forgery
Act 1913.
10 & 11 Eliz. 2. Civil Aviation (Euro- Section 6(5).
c. 8. control) Act 1962.
10 & 11 Eliz. 2. Criminal Justice Adminis- In Schedule 3, paragraph 7.
c. 15. tration Act 1962.
1964 c. 26. Licensing Act 1964. Section 36(3).
Section 159.
1967 c. 58. Criminal Law Act 1967. In Schedule 2, paragraph 11.
1967 c. 76. Road Traffic Regulation In section 86(1), the words
Act 1967. " forges or alters, or " in
paragraph (a), and all the
words from " In the applica-
tion " onwards.
Forgery and Counterfeiting Act 1981 c. 45 19
PART II
GENERAL REPEALS CONSEQUENTIAL ON PART II
Chapter Short title Extent of repeal
PART III
NORTHERN IRELAND LEGISLATION-REPEALS CONSEQUENTIAL
ON PARTS AND I II
Chapter
or Number Short title Extent of repeal
12 & 13 Geo. 5. Live Stock Breeding Act In section 8, the words " forges
c. 12 (N.I.). (Northern Ireland) 1922. or " and " alters or ".
1945 c. 15 Criminal Justice Act Section 27(1) and (2).
(N.I.). (Northern Ireland) 1945.
1950 c. 3 Exchequer and Financial In Schedule 3, the entry relating
(N.I.). Provisions Act (North- to the Forgery Act 1913.
ern Ireland) 1950.
1953 c. 14 Criminal Justice Act Section 19.
(N.I.). (Northern Ireland) 1953.
1957 c. 27 Marketing of Eggs Act In section 20(2)(b), the words
(N.I.). (Northern Ireland) 1957. " forges or " and " alters or ".
1958 c. 9 Summary Jurisdiction and In section 27, in subsection (1),
(Ni.). Criminal Justice Act the words " forges a passport
(Northern Ireland) 1958. or " and subsection (2).
1958 c. 13 Diseases of Animals Act Section 45(2)(d).
(N.I.). (Northern Ireland) 1958.
1961 c. 15 Mental Health Act (Nor- Section 98(4).
(N.I.). thern Ireland) 1961.
1964 c. 21 Magistrates' Courts Act In Schedule 3, entries 10 and
(N.I.). (Northern Ireland) 1964. 12.
1967 c .29 Increase of Fines Act In section 1(8)(c), the words
(N.I.). (Northern Ireland) 1967. " forgery of a passport and ".
In Part I of the Schedule, the
entry relating to section 19
of the Criminal Justice Act
(Northern Ireland) 1953 and,
in the entry relating to section
20(2) of the Marketing of
Eggs Act (Northern Ireland)
1957, the words " or forgery,
etc. of licence or other
document ".
1967 c. 37 Transport Act (Northern In section 34(a), the words
(N.I.). Ireland) 1967. " forges within the meaning
of the Forgery Act 1913, or ".
S.I. 1976/1041 Births and Deaths Regis- In Article 45, in paragraph (1),
(N.I. 14). tration (Northern Ire- in sub-paragraph (a), the
land) Order 1976. words "forges or" and, in
sub-paragraph (b), the words
" or forged " and Article
45(2).
S.I. 1976/1213 Pharmacy (Northern Ire- In Article
14, in paragraph (5),
(N.I. 22). land) Order 1976. the words " forges, or " and
paragraph (6).
S.I. 1978/1039 Health and Safety at In Article 31, in paragraph
(N.I.9). Work (Northern Ireland) (1)(a), the words " forges or "
Order 1978. and paragraph (7).