Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Disclosure of information definition

What does Disclosure of information mean? In pensions practice, disclosure of information describes the duty on scheme trustees or managers to give specified information about an occupational or personal pension scheme to members and other entitled parties (including prospective members, beneficiaries, employers and recognised trade unions) at set times and on request. The phrase is used descriptively and also appears in the titles of the governing regulations. In England & Wales and Scotland, the regime is set out in the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 (as amended) made under the Pensions Acts, with corresponding regulations in Northern Ireland. In Ireland,...

Fraud Act 2006 ss 3–4: Failure to Disclose and Abuse of Position—Elements, Duties, Dishonesty, Corporate Liability (ECCTA 2023), Jurisdiction and Sentencing (England and Wales)

Published by a LexisNexis Corporate Crime expert

Practice notes

This Practice Note sets out the offences of fraud by failing to disclose and fraud by abuse of position under sections 3 and 4 of the Fraud Act 2006 (FrA 2006). Each is a means by which the general fraud offence in FrA 2006, s 1 can be committed. These offences are most often brought against professionals, fiduciaries, or those in positions of trust, or with a fiduciary relationship to the victim.

Fraud by failure to disclose information

An offence of fraud by failing to disclose is made out where a defendant:

dishonestly withholds information from another when under a legal duty to reveal it, and
intends to secure a gain for themselves or someone else, or
intends to cause another a loss, or to expose them to the risk of loss

Conduct falling within this description constitutes the general fraud offence under FrA 2006, s 1. The emphasis is on the defendant’s conduct and intention; it does not matter whether anyone was actually deceived, nor whether there was any real loss or gain. There is a measure of overlap...

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Web page updated on 21/05/2026

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