- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)A person (“R”) is guilty of an offence if any of the following cases applies.
(2)Case 3 is where R 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 R or another person).
(3)Case 4 is where—
(a)R requests, agrees to receive or accepts a financial or other advantage, and
(b)the request, agreement or acceptance itself constitutes the improper performance by R of a relevant function or activity.
(4)Case 5 is where R requests, agrees to receive or accepts a financial or other advantage as a reward for the improper performance (whether by R or another person) of a relevant function or activity.
(5)Case 6 is where, in anticipation of or in consequence of R requesting, agreeing to receive or accepting a financial or other advantage, a relevant function or activity is performed improperly—
(a)by R, or
(b)by another person at R’s request or with R’s assent or acquiescence.
(6)In cases 3 to 6 it does not matter—
(a)whether R requests, agrees to receive or accepts (or is to request, agree to receive or accept) the advantage directly or through a third party,
(b)whether the advantage is (or is to be) for the benefit of R or another person.
(7)In cases 4 to 6 it does not matter whether R knows or believes that the performance of the function or activity is improper.
(8)In case 6, where a person other than R 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.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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