Explanatory Notes

Bribery Act 2010

2010 CHAPTER 23

8 April 2010

Commentary on Sections

Schedule 1

Serious Crime Act 2007

85.Section 53 of that Act requires the Attorney General’s consent prior to commencing proceedings where there is an international element to an offence of encouraging or assisting crime under the 2007 Act. This amendment ensures that the requirement for the Attorney General’s consent will not apply in the case of encouraging or assisting bribery by excluding from section 53 any offence to which section 10 (consent to prosecution) of this Act applies.

86.The Serious Crime Act also creates a power to make a “serious crime prevention order” in relation to offences listed in Schedule 1 of the Act. Part 1 of that Schedule, relating to offences in England and Wales, includes offences under the Prevention of Corruption Acts. Those offences are replaced with offences under sections 1, 2 and 6 of this Act. A corresponding amendment is made in Part 2 of the same Schedule in relation to Northern Ireland.