Bribery Bill [HL]

House of Commons

Session 2009 - 10
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Other Bills before Parliament

Bribery Bill [HL]

Bribery Bill [HL]
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Commencement and transitional provision etc.
(1)
Subject to subsection (2), this Act comes into force on such day as the Secretary
of State may by order made by statutory instrument appoint.
(2)
Sections 16, 17(4) to (10) and 18, this section (other than subsections (5) to (7))
and section 20 come into force on the day on which this Act is passed.
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(3)
An order under subsection (1) may—
(a)
appoint different days for different purposes,
(b)
make such transitional, transitory or saving provision as the Secretary
of State considers appropriate in connection with the coming into force
of any provision of this Act.
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(4)
The Secretary of State must consult the Scottish Ministers before making an
order under this section in connection with any provision of this Act which
would be within the legislative competence of the Scottish Parliament if it were
contained in an Act of that Parliament.
(5)
This Act does not affect any liability, investigation, legal proceeding or penalty
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for or in respect of—
(a)
a common law offence mentioned in subsection (1) of section 17 which
is committed wholly or partly before the coming into force of that
subsection in relation to such an offence, or
(b)
an offence under the Public Bodies Corrupt Practices Act 1889 or the
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Prevention of Corruption Act 1906 committed wholly or partly before
the coming into force of the repeal of the Act by Schedule 2 to this Act.
(6)
For the purposes of subsection (5) an offence is partly committed before a
particular time if any act or omission which forms part of the offence takes
place before that time.
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(7)
Subsections (5) and (6) are without prejudice to section 16 of the Interpretation
Act 1978 (general savings on repeal).
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Short title
This Act may be cited as the Bribery Act 2010.

Bribery Bill [HL]
Schedule 1 — Consequential amendments
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Schedules
Schedule 1
Section 17(2)

Consequential amendments
Ministry of Defence Police Act 1987 (c. 4)
1
In section 2(3)(ba) of the Ministry of Defence Police Act 1987 (jurisdiction of
5
members of Ministry of Defence Police Force) for “Prevention of Corruption
Acts 1889 to 1916” substitute “Bribery Act 2010”.
Criminal Justice Act 1987 (c. 38)
2
In section 2A of the Criminal Justice Act 1987 (Director of SFO’s pre-
investigation powers in relation to bribery and corruption: foreign officers
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etc.) for subsections (5) and (6) substitute—
“(5)
This section applies to any conduct—
(a)
which, as a result of section 3(6) of the Bribery Act 2010,
constitutes an offence under section 1 or 2 of that Act under
the law of England and Wales or Northern Ireland, or
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(b)
which constitutes an offence under section 6 of that Act under
the law of England and Wales or Northern Ireland.”
International Criminal Court Act 2001 (c. 17)
3
The International Criminal Court Act 2001 is amended as follows.
4
In section 54(3) (offences in relation to the ICC: England and Wales)—
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(a)
in paragraph (b) for “or” substitute “, an offence under the Bribery
Act 2010 or (as the case may be) an offence”, and
(b)
in paragraph (c) after “common law” insert “or (as the case may be)
under the Bribery Act 2010”.
5
In section 61(3)(b) (offences in relation to the ICC: Northern Ireland) after
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“common law” insert “or (as the case may be) under the Bribery Act 2010”.
International Criminal Court (Scotland) Act 2001 (asp 13)
6
In section 4(2) of the International Criminal Court (Scotland) Act 2001
(offences in relation to the ICC)—
(a)
in paragraph (b) after “common law” insert “or (as the case may be)
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under the Bribery Act 2010”, and
(b)
in paragraph (c) for “section 1 of the Prevention of Corruption Act
1906 (c.34) or at common law” substitute “the Bribery Act 2010”.

Bribery Bill [HL]
Schedule 1 — Consequential amendments
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Serious Organised Crime and Police Act 2005 (c. 15)
7
The Serious Organised Crime and Police Act 2005 is amended as follows.
8
In section 61(1) (offences in respect of which investigatory powers apply) for
paragraph (h) substitute—
“(h)
any offence under the Bribery Act 2010.”
5
9
In section 76(3) (financial reporting orders: making) for paragraphs (d) to (f)
substitute—
“(da)
an offence under any of the following provisions of the
Bribery Act 2010—
section 1 (offences of bribing another person),
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section 2 (offences relating to being bribed),
section 6 (bribery of foreign public officials),”.
10
In section 77(3) (financial reporting orders: making in Scotland) after
paragraph (b) insert—
“(c)
an offence under section 1, 2 or 6 of the Bribery Act 2010.”
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Armed Forces Act 2006 (c. 52)
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In Schedule 2 to the Armed Forces Act 2006 (which lists serious offences the
possible commission of which, if suspected, must be referred to a service
police force), in paragraph 12, at the end insert—
“(aw)
an offence under section 1, 2 or 6 of the Bribery Act
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2010.”
Serious Crime Act 2007 (c. 27)
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The Serious Crime Act 2007 is amended as follows.
13    (1)
Section 53 of that Act (certain extra-territorial offences to be prosecuted only
by, or with the consent of, the Attorney General or the Advocate General for
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Northern Ireland) is amended as follows.
      (2)
The existing words in that section become the first subsection of the section.
      (3)
After that subsection insert—
“(2)
Subsection (1) does not apply to an offence under this Part to which
section 10 of the Bribery Act 2010 applies by virtue of section 54(1)
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and (2) below (encouraging or assisting bribery).”
14    (1)
Schedule 1 to that Act (list of serious offences) is amended as follows.
      (2)
For paragraph 9 and the heading before it (corruption and bribery: England
and Wales) substitute—
“Bribery
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9
An offence under any of the following provisions of the Bribery
Act 2010—
(a)
section 1 (offences of bribing another person);
(b)
section 2 (offences relating to being bribed);
(c)
section 6 (bribery of foreign public officials).”
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Bribery Bill [HL]
Schedule 2 — Repeals and revocations
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      (3)
For paragraph 25 and the heading before it (corruption and bribery:
Northern Ireland) substitute—
“Bribery
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An offence under any of the following provisions of the Bribery
Act 2010—
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(a)
section 1 (offences of bribing another person);
(b)
section 2 (offences relating to being bribed);
(c)
section 6 (bribery of foreign public officials).”
Schedule 2
Section 17(3)

Repeals and revocations
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Short title and chapter
Extent of repeal or revocation

Public Bodies Corrupt Practices
The whole Act.

Act 1889 (c. 69)

Prevention of Corruption Act
The whole Act.

1906 (c. 34)

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Prevention of Corruption Act
The whole Act.

1916 (c. 64)

Criminal Justice Act (Northern
Section 22.

Ireland) 1945 (c. 15 (N.I.))

Electoral Law Act (Northern
Section 112(3).

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Ireland) 1962 (c. 14 (N.I.))

Increase of Fines Act (Northern
Section 1(8)(a) and (b).

Ireland) 1967 (c. 29 (N.I.))

Criminal Justice (Miscellaneous
In Schedule 2, the entry in the table relating to

Provisions) Act (Northern
the Prevention of Corruption Act 1906.

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Ireland) 1968 (c. 28 (N.I.))

Local Government Act
In Schedule 8, paragraphs 1 and 3.

(Northern Ireland) 1972 (c. 9

(N.I.))

Civil Aviation Act 1982 (c. 16)
Section 19(1).

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Representation of the People
In section 165(1), paragraph (b) and the word

Act 1983 (c. 2)
“or” immediately before it.

Housing Associations Act 1985
In Schedule 6, paragraph 1(2).

(c. 69)

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

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Criminal Justice (Evidence etc.)
Article 14.

(Northern Ireland) Order

1988 (S.I. 1988/1847 (N.I.17))

Enterprise and New Towns
In Schedule 1, paragraph 2.

(Scotland) Act 1990 (c. 35)

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Scotland Act 1998 (c. 46)
Section 43.

Bribery Bill [HL]
Schedule 2 — Repeals and revocations
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Short title and chapter
Extent of repeal or revocation

Anti-terrorism, Crime and
Sections 108 to 110.

Security Act 2001 (c. 24)

Criminal Justice (Scotland) Act
Sections 68 and 69.

2003 (asp 7)

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Government of Wales Act 2006
Section 44.

(c. 32)

Armed Forces Act 2006 (c. 52)
In Schedule 2, paragraph 12(l) and (m).

Local Government and Public
Section 217(1)(a).

Involvement in Health Act
Section 244(4).

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2007 (c. 28)
In Schedule 14, paragraph 1.

Housing and Regeneration Act
In Schedule 1, paragraph 16.

2008 (c. 17)