Forgery and Counterfeiting Act 1981

The Forgery and Counterfeiting Act 1981 (c. 45) is an act of the Parliament of the United Kingdom 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 and certain protected coins. It replaces the Forgery Act 1913 (3 & 4 Geo. 5. c. 27), the Coinage Offences Act 1936 (26 Geo. 5 & 1 Edw. 8. c. 16) and parts of the Forgery Act 1861 (24 & 25 Vict. c. 98). It implementsHansard (House of Commons), 19 June 1981, col 1292, Norman Miscampbell. recommendations made by the Law Commission in their report on forgery and counterfeit currency.The Law Commission. Criminal Law: Report on Forgery and Counterfeit Currency. (Law Com 55). 17 July 1973.

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, and promissory notes.

Section 1 creates the offence of forgery.

Section 2 creates the offence of copying a false instrument.

Section 3 creates the offence of using a false instrument.

Section 4 creates the offence of using a copy of a false instrument.

Section 13 abolished the common law offence 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.

The following coins have been specified for the purposes of Part II: SovereignThe Forgery and Counterfeiting (Protected Coins) Order 1981 (S.I. 1981/505), article 2 and Schedule Half sovereign Krugerrand 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 which has adopted the single currency in accordance with the Treaty establishing the European CommunityThe Forgery and Counterfeiting (Protected Coins) Order 1999 (S.I. 1999/2095), article 2(1) (as read with article 2(2))

Orders made under this section

The power conferred on the Treasury by section 27(1) has been exercised by the following orders: The Forgery and Counterfeiting (Protected Coins) Order 1981 (S.I. 1981/505) The 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 2001The 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.

Repealed enactments Section 30 of the act repealed 55 enactments and instruments, listed in parts I, II and III of the schedule to the act.

+ Part I — General repeals consequential on Part ICitationShort titleExtent of repeal32 Geo. 3. c. 56Servants' Characters Act 1792In section 1, the word "either", 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. c. 86London Hackney Carriage Act 1843In section 14, the words from "or who" to "forged recommendations". Section 20.24 & 25 Vict. c. 98Forgery Act 1861The whole act, so far as unrepealed, except sections 34, 36, 37 and 55.34 & 35 Vict. c. 96Pedlars Act 1871In section 12, paragraphs (2), (4) and (5).45 & 46 Vict. c. 50Municipal Corporations Act 1882Section 235.48 & 49 Vict. c. 49Submarine Telegraph Act 1885Section 8(4).57 & 58 Vict. c. 60Merchant Shipping Act 1894Section 66. In section 104, paragraph (a) and, in paragraph (c), the words "forged, altered". In section 282, paragraph (b) and the word "or" immediately preceding it. In section 564, paragraphs (a) and (b). Section 695(4). Section 722(1).6 Edw. 7. c. 5Seamen's and Soldiers' False Characters Act 1906In section 1(1), the words from "forges" to "discharge, or". In section 2, the words from "any forged" to "employment, or".3 & 4 Geo. 5. c. 27Forgery Act 1913The whole act.10 & 11 Geo. 5. c. 75Official Secrets Act 1920In section 1(1)(c), the words "forges, alters, or", the words "or uses" and the word "such".15 & 16 Geo. 5. c. 86Criminal Justice Act 1925In section 11(3), the words from "against" to the second "or". Section 35. In section 36, in subsection (1), the words "The forgery of any passport or", and subsection (2). Section 38.21 & 22 Geo. 5. c. 43Improvement of Live Stock (Licensing of Bulls) Act 1931In section 8, in subsection (1)(i), the words "forges or", and subsection (2).24 & 25 Geo. 5. c. 49Whaling Industry (Regulation) Act 1934In section 9, in subsection (1)(a), the words "forges or" and the words from "or forges" to "Act", and subsection (2).9 & 10 Geo. 6. c. 73Hill Farming Act 1946In section 19(2)(a), the words from the beginning to "or" in the first place where it occurs.14 Geo. 6. c. 36Diseases of Animals Act 1950Section 78(2)(iv).1 & 2 Eliz. 2. c. 20Births and Deaths Registration Act 1953In section 37, the words "forges or" and the words "or forged".1 & 2 Eliz. 2. c. 36Post Office Act 1953In section 23(1), the words "of the Forgery Act, 1913 and", the word "other" and the words "forgery or", and subsection (2).2 & 3 Eliz. 2. c. 61Pharmacy Act 1954In section 20(2), the words "forges, or" in paragraph (a) and all the words from "In the application" onwards.6 & 7 Eliz. 2. c. 43Horse Breeding Act 1958Section 11.6 & 7 Eliz. 2. c. 51Public Records Act 1958In Schedule 3, the entry relating to the Forgery Act 1913.7 & 8 Eliz. 2. c. 72Mental Health Act 1959Section 125(4). In Part I of Schedule 7, the entry relating to the Forgery Act 1913.10 & 11 Eliz. 2. c. 8Civil Aviation (Euro-control) Act 1962Section 6(5).10 & 11 Eliz. 2. c. 15Criminal Justice Administration Act 1962In Schedule 3, paragraph 7.1964 c. 26Licensing Act 1964Section 36(3). Section 159.1967 c. 58Criminal Law Act 1967In Schedule 2, paragraph 11.1967 c. 76Road Traffic Regulation Act 1967In section 86(1), the words "forges or alters, or" in paragraph (a), and all the words from "In the application" onwards.1967 c. xxGreater London Council (General Powers) Act 1967Section 5(4).1971 c. 40Fire Precautions Act 1971In section 22, in subsection (1)(a), the words "forges a fire certificate or" and subsection (3).1974 c. 37Health and Safety at Work etc. Act 1974In section 33, in subsection (1), the words "forge or" in paragraph (m), and subsection (6).1974 c. 47Solicitors Act 1974In Schedule 3, paragraph 1.1976 c. 58International Carriage of Perishable Foodstuffs Act 1976In section 9, in subsection (1)(a), the words "forges, or alters, or" and subsection (2).1977 c. 45Criminal Law Act 1977In Schedule 2, paragraphs 13 and 21. In Schedule 3, paragraphs 15, 21 and 31.

+ Part II — General repeals consequential on Part IICitationShort titleExtent of repeal41 Geo. 3. c. 57Bank Notes Forgery Act 1801The whole act.45 Geo. 3. c. 89Bank Notes (Forgery) Act 1805The whole act.1 Geo. 4. c. 92Bank Notes Forgery (Scotland) Act 1820The whole act.39 & 40 Vict. c. 36Customs Consolidation Act 1876In section 42, in the Table, the words from "Coin, viz., false money" to "or fineness.".52 & 53 Vict. c. 42Revenue Act 1889Section 2.55 & 56 Vict. c. 55Burgh Police (Scotland) Act 1892Section 380(15).25 & 26 Geo. 5. c. 25Counterfeit Currency (Convention) Act 1935In section 1(1), the words "the Forgery Act, 1913, and". Section 2. Section 6(2).26 Geo. 5 & 1 Edw. 8. c. 16Coinage Offences Act 1936The whole act.1971 c. 24Coinage Act 1971In section 12(1), the words "the Coinage Offences Act 1936 and in" and the words from "and accordingly" onwards. In Schedule 2, the words "The Coinage Offences Act 1936".

+ Part III — Northern Ireland legislation — repeals consequential on Parts I and IICitationShort titleExtent of repeal12 & 13 Geo. 5. c. 12 (N.I.)Live Stock Breeding Act (Northern Ireland) 1922In section 8, the words "forges or" and "alters or".1945 c. 15 (N.I.)Criminal Justice Act (Northern Ireland) 1945Section 27(1) and (2).1950 c. 3 (N.I.)Exchequer and Financial Provisions Act (Northern Ireland) 1950In Schedule 3, the entry relating to the Forgery Act 1913.1953 c. 14 (N.I.)Criminal Justice Act (Northern Ireland) 1953Section 19.1957 c. 27 (N.I.)Marketing of Eggs Act (Northern Ireland) 1957In section 20(2)(b), the words "forges or" and "alters or".1958 c. 9 (N.I.)Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1958In section 27, in subsection (1), the words "forges a passport or" and subsection (2).1958 c. 13 (N.I.)Diseases of Animals Act (Northern Ireland) 1958Section 45(2)(d).1961 c. 15 (N.I.)Mental Health Act (Northern Ireland) 1961Section 98(4).1964 c. 21 (N.I.)Magistrates' Courts Act (Northern Ireland) 1964In Schedule 3, entries 10 and 12.1967 c. 29 (N.I.)Increase of Fines Act (Northern Ireland) 1967In section 1(8)(c), the words "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 (N.I.)Transport Act (Northern Ireland) 1967In section 34(a), the words "forges within the meaning of the Forgery Act 1913, or".SI 1976/1041 (N.I. 14)Births and Deaths Registration (Northern Ireland) Order 1976In Article 45, in paragraph (1), in sub-paragraph (a), the words "forges or" and, in sub-paragraph (b), the words "or forged" and Article 45(2).SI 1976/1213 (N.I. 22)Pharmacy (Northern Ireland) Order 1976In Article 14, in paragraph (5), the words "forges, or" and paragraph (6).SI 1978/1039 (N.I. 9)Health and Safety at Work (Northern Ireland) Order 1978In paragraph 31, in paragraph (1)(a), the words "forges or" and paragraph (7).

Forgery and Counterfeiting Act 1981

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