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(1)For the purposes of this Act a function or activity is a relevant function or activity if—
(a)it falls within subsection (2), and
(b)meets one or more of conditions A to C.
(2)The following functions and activities fall within this subsection—
(a)any function of a public nature,
(b)any activity connected with a business,
(c)any activity performed in the course of a person's employment,
(d)any activity performed by or on behalf of a body of persons (whether corporate or unincorporate).
(3)Condition A is that a person performing the function or activity is expected to perform it in good faith.
(4)Condition B is that a person performing the function or activity is expected to perform it impartially.
(5)Condition C is that a person performing the function or activity is in a position of trust by virtue of performing it.
(6)A function or activity is a relevant function or activity even if it—
(a)has no connection with the United Kingdom, and
(b)is performed in a country or territory outside the United Kingdom.
(7)In this section “business” includes trade or profession.
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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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