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Bribery Bill [HL]


Bribery Bill [HL]

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(9)   

In subsection (8) “sheriff court district” is to be read in accordance with section

307(1) of the Criminal Procedure (Scotland) Act 1995.

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Defence for certain bribery offences: legitimate purposes

(1)   

It is a defence for a person charged with a relevant bribery offence to prove that

the person’s conduct was necessary for—

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(a)   

the prevention, detection or investigation by, or on behalf of, a law

enforcement agency of serious crime,

(b)   

the proper exercise of any function of the Security Service, the Secret

Intelligence Service or GCHQ, or

(c)   

the proper exercise of any function of the armed forces when engaged

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on active service.

(2)   

In this section—

“active service” means service in—

(a)   

an action or operation against an enemy,

(b)   

an operation outside the British Islands for the protection of life

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or property, or

(c)   

the military occupation of a foreign country or territory,

“armed forces” means Her Majesty’s forces (within the meaning of the

Armed Forces Act 2006),

“detection”, in relation to serious crime, includes—

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(a)   

establishing by whom, for what purpose, by what means and

generally in what circumstances any such crime was

committed, and

(b)   

the apprehension of the person by whom any such crime was

committed,

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“enemy” has the same meaning as in the Act of 2006,

“GCHQ” has the meaning given by section 3(3) of the Intelligence Services

Act 1994,

“law enforcement agency” means a public authority acting in pursuance

of a duty of a public nature under the law of any part of the United

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Kingdom to prevent, detect or investigate crime,

“public authority” has the same meaning as in section 6 of the Human

Rights Act 1998,

“relevant bribery offence” means—

(a)   

an offence under section 1 which would not also be an offence

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under section 6,

(b)   

an offence under section 2,

(c)   

an offence of attempting or conspiring to commit, or of inciting

the commission of, an offence falling within paragraph (a) or

(b), or

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(d)   

an offence under Part 2 of the Serious Crime Act 2007

(encouraging or assisting crime) in relation to an offence falling

within paragraph (a) or (b),

“serious crime” has the same meaning as in the Regulation of

Investigatory Powers Act 2000 (see section 81(2) and (3)).

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Bribery Bill [HL]

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Offences under sections 1, 2 and 6 by bodies corporate etc.

(1)   

This section applies if an offence under section 1, 2 or 6 is committed by a body

corporate or a Scottish partnership.

(2)   

If the offence is proved to have been committed with the consent or connivance

of—

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(a)   

a senior officer of the body corporate or Scottish partnership, or

(b)   

a person purporting to act in such a capacity,

   

the senior officer or person (as well as the body corporate or partnership) is

guilty of the offence and liable to be proceeded against and punished

accordingly.

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(3)   

But subsection (2) does not apply, in the case of an offence which is committed

under section 1, 2 or 6 by virtue of section 11(2) to (4), to a senior officer or

person purporting to act in such a capacity unless the senior officer or person

has a close connection with the United Kingdom (within the meaning given by

section 11(4)).

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(4)   

In this section—

“director”, in relation to a body corporate whose affairs are managed by

its members, means a member of the body corporate,

“senior officer” means—

(a)   

in relation to a body corporate, a director, manager, secretary or

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other similar officer of the body corporate, and

(b)   

in relation to a Scottish partnership, a partner in the

partnership.

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Offences under section 7 by partnerships

(1)   

Proceedings for an offence under section 7 alleged to have been committed by

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a partnership must be brought in the name of the partnership (and not in that

of any of the partners).

(2)   

For the purposes of such proceedings—

(a)   

rules of court relating to the service of documents have effect as if the

partnership were a body corporate, and

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(b)   

the following provisions apply as they apply in relation to a body

corporate—

(i)   

section 33 of the Criminal Justice Act 1925 and Schedule 3 to the

Magistrates’ Courts Act 1980,

(ii)   

section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c.

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15 (N.I.)) and Schedule 4 to the Magistrates’ Courts (Northern

Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)),

(iii)   

section 70 of the Criminal Procedure (Scotland) Act 1995.

(3)   

A fine imposed on the partnership on its conviction for an offence under

section 7 is to be paid out of the partnership assets.

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(4)   

In this section “partnership” has the same meaning as in section 7.

 
 

Bribery Bill [HL]

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Supplementary and final provisions

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Application to Crown

This Act applies to individuals in the public service of the Crown as it applies

to other individuals.

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Consequential provision

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(1)   

The following common law offences are abolished—

(a)   

the offences under the law of England and Wales and Northern Ireland

of bribery and embracery,

(b)   

the offences under the law of Scotland of bribery and accepting a bribe.

(2)   

Schedule 1 (which contains consequential amendments) has effect.

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(3)   

Schedule 2 (which contains repeals and revocations) has effect.

(4)   

The relevant national authority may by order make such supplementary,

incidental or consequential provision as the relevant national authority

considers appropriate for the purposes of this Act or in consequence of this Act.

(5)   

The power to make an order under this section—

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(a)   

is exercisable by statutory instrument,

(b)   

includes power to make transitional, transitory or saving provision,

(c)   

may, in particular, be exercised by amending, repealing, revoking or

otherwise modifying any provision made by or under an enactment

(including any Act passed in the same Session as this Act).

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(6)   

Subject to subsection (7), a statutory instrument containing an order of the

Secretary of State under this section may not be made unless a draft of the

instrument has been laid before, and approved by a resolution of, each House

of Parliament.

(7)   

A statutory instrument containing an order of the Secretary of State under this

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section which does not amend or repeal a provision of a public general Act or

of devolved legislation is subject to annulment in pursuance of a resolution of

either House of Parliament.

(8)   

Subject to subsection (9), a statutory instrument containing an order of the

Scottish Ministers under this section may not be made unless a draft of the

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instrument has been laid before, and approved by a resolution of, the Scottish

Parliament.

(9)   

A statutory instrument containing an order of the Scottish Ministers under this

section which does not amend or repeal a provision of an Act of the Scottish

Parliament or of a public general Act is subject to annulment in pursuance of a

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resolution of the Scottish Parliament.

(10)   

In this section—

“devolved legislation” means an Act of the Scottish Parliament, a Measure

of the National Assembly for Wales or an Act of the Northern Ireland

Assembly,

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“enactment” includes an Act of the Scottish Parliament and Northern

Ireland legislation,

“relevant national authority” means—

 
 

Bribery Bill [HL]

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(a)   

in the case of provision which would be within the legislative

competence of the Scottish Parliament if it were contained in an

Act of that Parliament, the Scottish Ministers, and

(b)   

in any other case, the Secretary of State.

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Extent

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(1)   

Subject as follows, this Act extends to England and Wales, Scotland and

Northern Ireland.

(2)   

Subject to subsections (3) to (5), any amendment, repeal or revocation made by

Schedule 1 or 2 has the same extent as the provision amended, repealed or

revoked.

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(3)   

The amendment of, and repeals in, the Armed Forces Act 2006 do not extend

to the Channel Islands.

(4)   

The amendments of the International Criminal Court Act 2001 extend to

England and Wales and Northern Ireland only.

(5)   

Subsection (2) does not apply to the repeal in the Civil Aviation Act 1982.

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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 15, 16(4) to (10) and 17, this section (other than subsections (5) to (7))

and section 19 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 16 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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Revised 20 November 2009