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Section 5: “Gain” and “loss”

Fraud Act 2006 (2006 c. 35)

(1) The references to gain and loss in sections 2 to 4 are to be read in accordance with this section.

(2) “Gain” and “loss”—

(a) extend only to gain or loss in money or other property;

(b) include any such gain or loss whether temporary or permanent;

and “property” means any property whether real or personal (including things in action and other intangible property).

(3) “Gain” includes a gain by keeping what one has, as well as a gain by getting what one does not have.

(4) “Loss” includes a loss by not getting what one might get, as well as a loss by parting with what one has.

Reproduced from legislation.gov.uk as captured on 2026-08-27. Statute is amended over time — check the source below for the version in force. This is a reference, not legal advice.
View s.5 on legislation.gov.uk

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Source: legislation.gov.uk, Crown copyright, Open Government Licence v3.0.