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Bribery Act 2010 (UK)
Under the Act Offences are defined by way of ‘cases’ as follows:
Offences of bribing another person:
Case 1:
A person ‘offers, promises or gives a financial or other advantage
to another person’, and the person ‘intends the advantage to
induce a person to perform improperly a relevant function or
activity, or to reward a person for the improper performance of
such a function or activity’
In this case it does not matter whether the person to whom the
advantage is offered, promised or given is the same person as
the person who is to perform, or has performed, the function or
activity concerned.
Case 2:
A person ‘offers, promises or gives a financial or other
advantage to another person, and the person knows or
believes that the acceptance of the advantage would itself
constitute the improper performance of a relevant function or
activity’
In both Cases 1 and 2 above it does not matter whether the
advantage is offered, promised or given by the person directly or
through a third party.
Offences relating to being bribed:
Case 3:
A person ‘requests, agrees to receive or accepts a financial or
other advantage intending that, in consequence, a relevant
function or activity should be performed improperly’ (whether
by that person or another person)
Case 4:
A person ‘requests, agrees to receive or accepts a financial or
other advantage, and the request, agreement or acceptance itself
constitutes the improper performance by that person of a relevant
function or activity’
Case 5:
A person ‘requests, agrees to receive or accepts a financial or
other advantage as a reward for the improper performance
(whether by that person or another person) of a relevant function
or activity’
Case 6:
In circumstances where, ‘in anticipation of or in consequence of a
person requesting, agreeing to receive or accepting a financial
or other advantage, a relevant function or activity is performed
improperly by that person, or by another person at the first
person’s request or with the first person’s assent or acquiescence’.
In Cases 3 to 6 above it does not matter whether the person
‘requests, agrees to receive or accepts (or is to request, agree to
receive or accept) the advantage directly or through a third party
nor whether the advantage is (or is to be) for the benefit of that
person or another person’.
In Cases 4 to 6 ‘it does not matter whether the person knows
or believes that the performance of the function or activity is
improper’.
The UK Bribery Act 2010 commenced operation on 1 July 2011. Its application extends to companies/
organisations in the UK with operations around the world and to those companies/organisations that
have operations in the UK although their home jurisdiction may be in another country. This Act has
implications for sports associations and clubs and leisure operators if they have operations in the UK
irrespective of where their head office is located. Touchline is providing a brief explanation of the Act
below but any organisation who may be affected should seek its own legal advice on its application.
In Case 6, where a person other than the first person ‘is performing
the function or activity, it also does not matter whether that person
knows or believes that the performance of the function or activity
is improper’
The Act provides a ‘strict liability’ corporate offence for companies/
organisations of failing to prevent bribery. It provides for corporate
and personal criminal offences with substantive penalties.
Under section 7 of the Act, a company/organisation is guilty of
an offence if an ‘associated person’ bribes another to obtain
or retain business, or an advantage in the conduct of business
for the company/organisation. An offence is committed even
if committed by any foreign subsidiary, employee, contractor or
agent of the company/organisation anywhere in the world. The Act
makes it clear that it is irrelevant if the company/organisation did
not participate in or know about the bribe. Lack of knowledge of
an act of bribery committed by any foreign subsidiary, employee,
contractor or agent of the company/organisation anywhere
in the world, is not a defence for companies/organisations. It
is not a defence for senior officers/Board members/Boards
of Directors that they did not know of the act of bribery.
However, it is a defence under the Act for a company/
organisation if they ‘had in place adequate procedures designed
to prevent persons associated’ with the company/organisation
from engaging in such conduct and can prove that they existed
and that they were operational.
Companies/organisations with operations in UK and around the
world must become familiar with the provisions of the Act, educate
their employees on its requirements and ensure that they have in
place systems and procedures for the prevention of bribery.
Disclaimer: This article is intended to provide general information only.
It is not intended to constitute legal advice and it does not provide legal
advice.
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