Corruption Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Corruption Bill

Corruption Bill
Part 2 — Limitation
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18
Repeals and revocations
The Schedule contains repeals and revocations.
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Commencement: Part 1
(1)
Sections 1 to 17 and the Schedule apply in relation to acts or omissions done or
made on or after the appointed day.
5
(2)
If an act or omission is alleged to have been done or made over a period of two
or more days, or at some time in a period of two or more days, it must be taken
for the purposes of this section to have been done or made on the last of those
days.
(3)
The appointed day is such day as the Secretary of State appoints by order made
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by statutory instrument.
Part 2
Limitation
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Postponement of limitation periods
(1)
Section 32 of the Limitation Act 1980 (c. 58) (postponement of limitation period
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in case of fraud etc.) is amended as follows.
(2)
In the sidenote after “fraud,” insert “corrupt conduct,”.
(3)
In subsection (1) after paragraph (a) insert—
“(aa)
the action is based on the corrupt conduct of the defendant; or”.
(4)
In subsection (1) after “discovered the fraud,” insert “corrupt conduct”.
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(5)
In subsection (3) after “fraud” insert “, corrupt conduct”.
(6)
In subsection (4)(a)—
(a)
after “case of fraud” insert,“, corrupt conduct”;
(b)
after “party to the fraud” insert “or corrupt conduct”;
(c)
after “believe that the fraud” insert “, corrupt conduct”.
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21
Actions in respect of trust property
In section 21 of the Limitation Act 1980 (time limit for actions in respect of trust
property) in paragraph (a) of subsection (1) for “fraud or any fraudulent breach
of trust” substitute “fraud, fraudulent breach of trust or corrupt conduct”.
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Meaning of corrupt conduct
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In section 38(1) of the Limitation Act 1980 (interpretation) after the definition
of “action” insert—
“ “corrupt conduct” means conduct which constitutes an offence
under Part 1 of the Corruption Act 2006 or the common law
offence of bribery;”.
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Corruption Bill
Part 3 — Miscellaneous and General
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23
Commencement: Part 2
(1)
Sections 20 to 22 apply to actions in relation to which the cause of action or
right of action accrues on or after the commencement day.
(2)
The commencement day is the last day of the period of two months starting
with the day on which the Act is passed.
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Part 3
Miscellaneous and General
Miscellaneous
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Extent
Parts 1 and 2 do not extend to Scotland.
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The Crown
(1)
Part 1 binds the Crown, subject to subsections (2) to (6).
(2)
No contravention by the Crown of a provision of Part 1 makes the Crown
criminally liable.
(3)
But the High Court may, on the application of a person appearing to the court
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to have an interest, declare unlawful an act or omission of the Crown which
constitutes a contravention of a provision of Part 1.
(4)
Despite subsection (2), the provisions of Part 1 apply to persons in the public
service of the Crown as they apply to other persons.
(5)
Subsections (1) to (4) do not affect Her Majesty in her private capacity.
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(6)
The reference in subsection (5) to Her Majesty in her private capacity includes
a reference to Her Majesty in right of her Duchy of Lancaster and to the Duke
of Cornwall.
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Citation
This Act may be cited as the Corruption Act 2006.
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10
Corruption Bill
Schedule — Repeals and Revocations

Schedule
Section 18

Repeals and Revocations

Short title and chapter
Extent of repeal

Public Bodies Corrupt Practices
The whole Act.

Act 1889 (c. 69)

5

Prevention of Corruption Act
In section 1(1) the words from “If any agent” to

1906 (c. 34)
“business; or” (in the second place where the

latter words occur).

In section 1(2) the words “expression

“consideration” includes valuable

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consideration of any kind; the”.

Section 1(4).

Prevention of Corruption Act
Section 2.

1916 (c. 64)
In section 4(2) the words “(including authorities

existing in a country or territory outside the

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United Kingdom)”.

In section 4(3) the words from “and the” to the

end.

Representation of the People
Section 52(7).

Act 1948 (c. 65)

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Licensing Act 1964 (c. 26)
In section 178, paragraph (c) and the word “or”

immediately preceding it.

Criminal Justice Act 1988 (c. 33)
Section 47(1).

Local Government and Housing
In Schedule 11, paragraph 3.

Act 1989 (c. 42)

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Anti-terrorism, Crime and
Part 12.

Security Act 2001 (c. 24)
Section 128(1)(b).