The Theft (Amendment) (Northern Ireland) Order 1997

Obtaining a money transfer by deception

3.—(1) After section 15 of the [1969 c. 16 (N.I.).] Theft Act (Northern Ireland) 1969 there shall be inserted the following sections—

“Obtaining a money transfer by deception.

15A.— (1) A person is guilty of an offence if by any deception he dishonestly obtains a money transfer for himself or another.

(2) A money transfer occurs when—

(a) a debit is made to one account;

(b) a credit is made to another; and

(c) the credit results from the debit or the debit results from the credit.

(3) References to a credit and to a debit are to a credit of an amount of money and to a debit of an amount of money.

(4) It is immaterial (in particular)—

(a) whether the amount credited is the same as the amount debited;

(b) whether the money transfer is effected on presentment of a cheque or by another method;

(c) whether any delay occurs in the process by which the money transfer is effected;

(d) whether any intermediate credits or debits are made in the course of the money transfer;

(e) whether either of the accounts is overdrawn before or after the money transfer is effected.

(5) A person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding ten years.

Section 15A: supplementary.

15B.— (1) The following provisions have effect for the interpretation of section 15A.

(2) “Deception” has the same meaning as in section 15.

(3) “Account” means an account kept with—

(a) a bank; or

(b) a person carrying on a business which falls within subsection (4).

(4) 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;

and “deposit” here has the same meaning as in section 35 of the [1987 c. 22.] Banking Act 1987 (fraudulent inducement to make a deposit).

(5) For the purposes of subsection (4)—

(a) all the activities which a person carries on by way of business shall be regarded as a single business carried on by him; and

(b) “money” includes money expressed in a currency other than sterling or in the European currency unit (as defined in Council Regulation No. 3320/94/EC or any Community instrument replacing it).”.

(2) Nothing in this Article has effect in relation to anything done before the day on which this Order comes into operation.