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Bribery Act 2010

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This is the original version (as it was originally enacted).

2Offences relating to being bribed

This sectionnoteType=Explanatory Notes has no associated

(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.

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