The Forgery and Counterfeiting Act 1981 (c 45) is an
Act of the
Parliament of the United Kingdom
The Parliament of the United Kingdom is the Parliamentary sovereignty in the United Kingdom, supreme Legislature, legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of We ...
which makes it illegal to make fake versions of many things, including legal documents, contracts, audio and visual recordings, and money of the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
and certain ''protected coins''.
It replaces the
Forgery Act 1913, the
Coinage Offences Act 1936 and parts of the
Forgery Act 1861. It implements recommendations made by the Law Commission in their report on forgery and counterfeit currency.
Part I – Forgery and kindred offences
These offences are the intentional creation and publication of documents which, if not fake, would have legal force. These sections of the law cover all manner of documents, for example
wills,
contracts
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to ...
, and
promissory notes.
Section 1 creates the offence of
forgery
Forgery is a white-collar crime that generally refers to the false making or material alteration of a legal instrument with the specific intent to defraud anyone (other than themself). Tampering with a certain legal instrument may be forbi ...
.
Section 2 creates the offence of
copying a false instrument
Copying is the duplication of information or an artifact based on an instance of that information or artifact, and not using the process that originally generated it. With analog forms of information, copying is only possible to a limited degree of ...
.
Section 3 creates the offence of
using a false instrument.
Section 4 creates the offence of
using a copy of a false instrument
Use may refer to:
* Use (law), an obligation on a person to whom property has been conveyed
* Use (liturgy), a special form of Roman Catholic ritual adopted for use in a particular diocese
* Use–mention distinction, the distinction between using ...
.
Section 13 abolished the
common law offence
Common law offences are crimes under English criminal law, the related criminal law of some Commonwealth countries, and under some U.S. State laws. They are offences under the common law, developed entirely by the law courts, having no specific ...
of forgery.
Part II – Counterfeiting and kindred offences
Section 27 defines the expressions "currency note" and "protected coin".
This section makes it illegal to forge or counterfeit money. In addition to the money of the United Kingdom it explicitly states that certain foreign coins are ''protected coins'' under this act, and counterfeiting them is just as great an offence as counterfeiting coins of the United Kingdom.
[
]
Protected coin
Section 27(1) provides that, in Part II of the Act, the expression "protected coin" means any coin which is customarily used as money in any country, or which is specified for the purposes of Part II in an order made by the Treasury
A treasury is either
*A government department related to finance and taxation, a finance ministry.
*A place or location where treasure, such as currency or precious items are kept. These can be state or royal property, church treasure or ...
.
The following coins have been specified for the purposes of Part II:
* Sovereign[The Forgery and Counterfeiting (Protected Coins) Order 1981 (S.I. 1981/505)]
article 2
an
Schedule
/ref>
* Half sovereign[
*]Krugerrand
The Krugerrand (; ) is a South African coin, first minted on 3 July 1967 to help market South African gold and produced by Rand Refinery and the South African Mint. The name is a compound of '' Paul Kruger'', the former President of the South ...
[
*Any coin denominated as a fraction of a Krugerrand.][
* Maria Theresia thaler bearing the date of 1780][
*Any euro coin produced in accordance with Council Regulation No. 975/98/EC (OJ No. L139, 11.5.98, p. 6) by or at the instance of a ]member state
A member state is a state that is a member of an international organization or of a federation or confederation.
Since the World Trade Organization (WTO) and the International Monetary Fund (IMF) include some members that are not sovereign sta ...
which has adopted the single currency in accordance with the Treaty establishing the European Community
The Treaty of Rome, or EEC Treaty (officially the Treaty establishing the European Economic Community), brought about the creation of the European Economic Community (EEC), the best known of the European Communities (EC). The treaty was sign ...
Orders made under this section
The power conferred on the Treasury by section 27(1) has been exercised by the following orders:
*Th
Forgery and Counterfeiting (Protected Coins) Order 1981
(S.I. 1981/505)
*Th
Forgery and Counterfeiting (Protected Coins) Order 1999
(S.I. 1999/2095)
Part III – Miscellaneous and general
Section 29
amended section 63 of the Post Office Act 1953. It was repealed on 26 March 2001[The Postal Services Act 2000 (Commencement No. 3 and Transitional and Saving Provisions) Order 2001 (S.I. 2001/878), article 2 and Schedule (as read with article 17)] by section 127(6) of, and Schedule 9 to, the Postal Services Act 2000.
See also
* Forgery Act
References
*Halsbury's Statutes
''Halsbury's Statutes of England and Wales'' (commonly referred to as ''Halsbury's Statutes'') provides updated texts of every Public General Act of the Parliament of the United Kingdom, Measure of the Welsh Assembly, or Church of England Mea ...
,
External links
*
The Forgery and Counterfeiting Act 1981
as amended from the National Archives.
The Forgery and Counterfeiting Act 1981
as originally enacted from the National Archives.
{{UK legislation
United Kingdom Acts of Parliament 1981
Forgery