ABBEY MEDICAL GROUP
4
Fraud
by
abuse
of
position
(1)
A
person
is
in
breach
of
this
section if he—
(a)
occupies
a
position
in
which
he
is
expected
to
safeguard,
or
not
to
act
against,
the
financial interests of another person,
(b)
dishonestly
abuses
that
position, and
(c)
intends,
by
means
of
the
abuse
of
that
position—
(i)
to
make
a
gain
for
himself
or
another, or
(ii)
to
cause
loss
to
another
or
to
expose
another
to
a risk of loss.
(2)
A
person
may
be
regarded
as
having
abused
his
position
even
though
his
conduct
consisted of an omission rather than an act
2
Fraud by false representation
(1)
A person is in breach of this section if he—
(a)
dishonestlymakesa
false
representation, and
(b)
intends, by making the representation—
(i)
to make a gain for himself or another, or
(ii)
to cause loss to another or to expose another to a risk of loss.
(2)
A representation is false if—
(a)
it
is
untrue
or
misleading, and
(b)
the
person
making
it
knows
that
it
is,
or
might
be,
untrue or misleading
.
(3)
“
”
means
any
representation
as
to
fact
or
law,
including
a
representation
as
to the state of mind of
—
(a)
the
person
making
the
representation, or
(b)
any other person.
(4)
A
representation
may
be
express
or implied.
(5)
For
the
purposes
of
this
section
a
representation
may
be
regarded
as
made
if
it
(or
anything
implying
it)
is
submitted
in
any
form
to
any
system
or
device
designed
to
receive, convey or respond to communications (with or without human intervention)
the person making the representation or