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Make provision about offences relating to bribery; and for connected |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Offences of bribing another person |
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(1) | A person (“P”) is guilty of an offence if either of the following cases applies. |
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(a) | P offers, promises or gives a financial or other advantage to another |
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(b) | P intends the advantage— |
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(i) | to induce a person to perform improperly a relevant function or |
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(ii) | to reward a person for the improper performance of such a |
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(a) | P offers, promises or gives a financial or other advantage to another |
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(b) | P knows or believes that the acceptance of the advantage would itself |
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constitute the improper performance of a relevant function or activity. |
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(4) | In case 1 it does not matter whether the person to whom the advantage is |
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offered, promised or given is the same person as the person who is to perform, |
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or has performed, the function or activity concerned. |
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(5) | In cases 1 and 2 it does not matter whether the advantage is offered, promised |
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or given by P directly or through a third party. |
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2 | Offences relating to being bribed |
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(1) | A person (“R”) is guilty of an offence if any of the following cases applies. |
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(2) | Case 3 is where R requests, agrees to receive or accepts a financial or other |
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advantage intending that, in consequence, a relevant function or activity |
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should be performed improperly (whether by R or another person). |
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(a) | R requests, agrees to receive or accepts a financial or other advantage, |
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(b) | the request, agreement or acceptance itself constitutes the improper |
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performance by R of a relevant function or activity. |
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(4) | Case 5 is where R requests, agrees to receive or accepts a financial or other |
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advantage as a reward for the improper performance (whether by R or another |
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person) of a relevant function or activity. |
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(5) | Case 6 is where, in anticipation of or in consequence of R requesting, agreeing |
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to receive or accepting a financial or other advantage, a relevant function or |
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activity is performed improperly— |
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(b) | by another person at R’s request or with R’s assent or acquiescence. |
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(6) | In cases 3 to 6 it does not matter— |
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(a) | whether R requests, agrees to receive or accepts (or is to request, agree |
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to receive or accept) the advantage directly or through a third party, |
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(b) | whether the advantage is (or is to be) for the benefit of R or another |
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(7) | In cases 4 to 6 it does not matter whether R knows or believes that the |
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performance of the function or activity is improper. |
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(8) | In case 6, where a person other than R is performing the function or activity, it |
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also does not matter whether that person knows or believes that the |
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performance of the function or activity is improper. |
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3 | Function or activity to which bribe relates |
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(1) | For the purposes of this Act a function or activity is a relevant function or |
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(a) | it falls within subsection (2), and |
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(b) | meets one or more of conditions A to C. |
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(2) | The following functions and activities fall within this subsection— |
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(a) | any function of a public nature, |
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(b) | any activity connected with a business, |
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(c) | any activity performed in the course of a person’s employment, |
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(d) | any activity performed by or on behalf of a body of persons (whether |
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corporate or unincorporate). |
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(3) | Condition A is that a person performing the function or activity is expected to |
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perform it in good faith. |
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(4) | Condition B is that a person performing the function or activity is expected to |
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(5) | Condition C is that a person performing the function or activity is in a position |
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of trust by virtue of performing it. |
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(6) | A function or activity is a relevant function or activity even if it— |
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(a) | has no connection with the United Kingdom, and |
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(b) | is performed in a country or territory outside the United Kingdom. |
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(7) | In this section “business” includes trade or profession. |
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4 | Improper performance to which bribe relates |
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(1) | For the purposes of this Act a relevant function or activity— |
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(a) | is performed improperly if it is performed in breach of a relevant |
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(b) | is to be treated as being performed improperly if there is a failure to |
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perform the function or activity and that failure is itself a breach of a |
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(2) | In subsection (1) “relevant expectation”— |
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(a) | in relation to a function or activity which meets condition A or B, means |
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the expectation mentioned in the condition concerned, and |
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(b) | in relation to a function or activity which meets condition C, means any |
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expectation as to the manner in which, or the reasons for which, the |
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function or activity will be performed that arises from the position of |
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trust mentioned in that condition. |
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(3) | Anything that a person does (or omits to do) arising from or in connection with |
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that person’s past performance of a relevant function or activity is to be treated |
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for the purposes of this Act as being done (or omitted) by that person in the |
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performance of that function or activity. |
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(1) | For the purposes of sections 3 and 4, the test of what is expected is a test of what |
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a reasonable person in the United Kingdom would expect in relation to the |
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performance of the type of function or activity concerned. |
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(2) | In deciding what such a person would expect in relation to the performance of |
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a function or activity where the performance is not subject to the law of any |
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part of the United Kingdom, any local custom or practice is to be disregarded |
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unless it is permitted or required by the written law applicable to the country |
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(3) | In subsection (2) “written law” means law contained in— |
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(a) | any written constitution, or provision made by or under legislation, |
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applicable to the country or territory concerned, or |
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(b) | any judicial decision which is so applicable and is evidenced in |
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published written sources. |
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Bribery of foreign public officials |
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6 | Bribery of foreign public officials |
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(1) | A person (“P”) who bribes a foreign public official (“F”) is guilty of an offence |
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if P’s intention is to influence F in F’s capacity as a foreign public official. |
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(2) | P must also intend to obtain or retain— |
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(b) | an advantage in the conduct of business. |
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(3) | P bribes F if, and only if— |
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(a) | directly or through a third party, P offers, promises or gives any |
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financial or other advantage— |
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(ii) | to another person at F’s request or with F’s assent or |
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(b) | F is neither permitted nor required by the written law applicable to F to |
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be influenced in F’s capacity as a foreign public official by the offer, |
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(4) | References in this section to influencing F in F’s capacity as a foreign public |
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official mean influencing F in the performance of F’s functions as such an |
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official, which includes— |
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(a) | any omission to exercise those functions, and |
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(b) | any use of F’s position as such an official, even if not within F’s |
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(5) | “Foreign public official” means an individual who— |
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(a) | holds a legislative, administrative or judicial position of any kind, |
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whether appointed or elected, of a country or territory outside the |
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United Kingdom (or any subdivision of such a country or territory), |
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(b) | exercises a public function— |
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(i) | for or on behalf of a country or territory outside the United |
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Kingdom (or any subdivision of such a country or territory), or |
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(ii) | for any public agency or public enterprise of that country or |
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territory (or subdivision), or |
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(c) | is an official or agent of a public international organisation. |
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(6) | “Public international organisation” means an organisation whose members are |
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(a) | countries or territories, |
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(b) | governments of countries or territories, |
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(c) | other public international organisations, |
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(d) | a mixture of any of the above. |
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(7) | For the purposes of subsection (3)(b), the written law applicable to F is— |
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(a) | where the performance of the functions of F which P intends to |
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influence would be subject to the law of any part of the United |
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Kingdom, the law of that part of the United Kingdom, |
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(b) | where paragraph (a) does not apply and F is an official or agent of a |
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public international organisation, the applicable written rules of that |
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(c) | where paragraphs (a) and (b) do not apply, the law of the country or |
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territory in relation to which F is a foreign public official so far as that |
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(i) | any written constitution, or provision made by or under |
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legislation, applicable to the country or territory concerned, or |
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(ii) | any judicial decision which is so applicable and is evidenced in |
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published written sources. |
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(8) | For the purposes of this section, a trade or profession is a business. |
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Failure of commercial organisations to prevent bribery |
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7 | Failure of commercial organisations to prevent bribery |
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(1) | A relevant commercial organisation (“C”) is guilty of an offence under this |
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section if a person (“A”) associated with C bribes another person intending— |
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(a) | to obtain or retain business for C, or |
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(b) | to obtain or retain an advantage in the conduct of business for C. |
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(2) | But it is a defence for C to prove that C had in place adequate procedures |
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designed to prevent persons associated with C from undertaking such |
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(3) | For the purposes of this section, A bribes another person if, and only if, A— |
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(a) | is, or would be, guilty of an offence under section 1 or 6 (whether or not |
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A has been prosecuted for such an offence), or |
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(b) | would be guilty of such an offence if section 11(2)(c) and (4) were |
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(4) | See section 8 for the meaning of a person associated with C. |
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(a) | a partnership within the Partnership Act 1890, or |
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(b) | a limited partnership registered under the Limited Partnerships |
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or a firm or entity of a similar character formed under the law of a |
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country or territory outside the United Kingdom, |
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“relevant commercial organisation” means— |
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(a) | a body which is incorporated under the law of any part of the |
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United Kingdom and which carries on a business (whether |
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(b) | any other body corporate (wherever incorporated) which |
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carries on a business, or part of a business, in any part of the |
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(c) | a partnership which is formed under the law of any part of the |
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United Kingdom and which carries on a business (whether |
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(d) | any other partnership (wherever formed) which carries on a |
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business, or part of a business, in any part of the United |
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| and, for the purposes of this section, a trade or profession is a business. |
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8 | Section 7: supplementary provision |
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(1) | For the purposes of section 7, a person (“A”) is associated with C if |
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(disregarding any bribe under consideration) A is a person who performs |
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services for or on behalf of C. |
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(2) | The capacity in which A performs services for or on behalf of C does not |
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(3) | Accordingly A may (for example) be C’s employee, agent or subsidiary. |
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(4) | Whether or not A is a person who performs services for or on behalf of C is to |
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be determined by reference to all the relevant circumstances and not merely by |
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reference to the nature of the relationship between A and C. |
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(5) | But if A is an employee of C, it is to be presumed unless the contrary is shown |
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that A is a person who performs services for or on behalf of C. |
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Prosecution and penalties |
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(1) | No proceedings for an offence under this Act may be instituted in England and |
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Wales except by or with the consent of— |
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(a) | the Director of Public Prosecutions, |
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(b) | the Director of the Serious Fraud Office, or |
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(c) | the Director of Revenue and Customs Prosecutions. |
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(2) | No proceedings for an offence under this Act may be instituted in Northern |
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Ireland except by or with the consent of— |
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(a) | the Director of Public Prosecutions for Northern Ireland, or |
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(b) | the Director of the Serious Fraud Office. |
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(3) | The function of the Director of the Serious Fraud Office under subsection (1) or |
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(2) of giving consent may be exercised by a member of the Director’s staff who |
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is authorised by the Director. |
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(4) | An authorisation under subsection (3)— |
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(a) | may relate to a specified person or to persons of a specified description, |
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(b) | may relate to specified circumstances. |
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(5) | Subsections (3) and (4) do not affect other powers of a Director to authorise a |
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person to exercise functions under subsection (1) or (2). |
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(1) | An individual guilty of an offence under section 1, 2 or 6 is liable— |
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(a) | on summary conviction, to imprisonment for a term not exceeding 12 |
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months, or to a fine not exceeding the statutory maximum, or to both, |
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(b) | on conviction on indictment, to imprisonment for a term not exceeding |
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10 years, or to a fine, or to both. |
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(2) | Any other person guilty of an offence under section 1, 2 or 6 is liable— |
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(a) | on summary conviction, to a fine not exceeding the statutory |
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(b) | on conviction on indictment, to a fine. |
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(3) | A person guilty of an offence under section 7 is liable on conviction on |
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(4) | The reference in subsection (1)(a) to 12 months is to be read— |
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(a) | in its application to England and Wales in relation to an offence |
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committed before the commencement of section 154(1) of the Criminal |
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(b) | in its application to Northern Ireland, |
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| as a reference to 6 months. |
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Other provisions about offences |
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11 | Offences under this Act: territorial application |
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(1) | An offence is committed under section 1, 2 or 6 in England and Wales, Scotland |
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or Northern Ireland if any act or omission which forms part of the offence takes |
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place in that part of the United Kingdom. |
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(2) | Subsection (3) applies if— |
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(a) | no act or omission which forms part of an offence under section 1, 2 or |
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6 takes place in the United Kingdom, |
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(b) | a person’s acts or omissions done or made outside the United Kingdom |
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would form part of such an offence if done or made in the United |
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(c) | that person has a close connection with the United Kingdom. |
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(a) | the acts or omissions form part of the offence referred to in subsection |
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(b) | proceedings for the offence may be taken at any place in the United |
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(4) | For the purposes of subsection (2)(c) a person has a close connection with the |
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United Kingdom if, and only if, the person was one of the following at the time |
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the acts or omissions concerned were done or made— |
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(b) | a British overseas territories citizen, |
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(c) | a British National (Overseas), |
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(d) | a British Overseas citizen, |
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(e) | a person who under the British Nationality Act 1981 was a British |
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(f) | a British protected person within the meaning of that Act, |
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(g) | an individual ordinarily resident in the United Kingdom, |
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(h) | a body incorporated under the law of any part of the United Kingdom, |
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(i) | a Scottish partnership. |
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(5) | An offence is committed under section 7 irrespective of whether the acts or |
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omissions which form part of the offence take place in the United Kingdom or |
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(6) | Where no act or omission which forms part of an offence under section 7 takes |
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place in the United Kingdom, proceedings for the offence may be taken at any |
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place in the United Kingdom. |
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(7) | Subsection (8) applies if, by virtue of this section, proceedings for an offence are |
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to be taken in Scotland against a person. |
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(8) | Such proceedings may be taken— |
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(a) | in any sheriff court district in which the person is apprehended or in |
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(b) | in such sheriff court district as the Lord Advocate may determine. |
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