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(1)A relevant commercial organisation (“C”) is guilty of an offence under this section if a person (“A”) associated with C bribes another person intending—
(a)to obtain or retain business for C, or
(b)to obtain or retain an advantage in the conduct of business for C.
(2)But it is a defence for C to prove that C had in place adequate procedures designed to prevent persons associated with C from undertaking such conduct.
(3)For the purposes of this section, A bribes another person if, and only if, A—
(a)is, or would be, guilty of an offence under section 1 or 6 (whether or not A has been prosecuted for such an offence), or
(b)would be guilty of such an offence if section 12(2)(c) and (4) were omitted.
(4)See section 8 for the meaning of a person associated with C and see section 9 for a duty on the Secretary of State to publish guidance.
(5)In this section—
a partnership within the Partnership Act 1890, or
a limited partnership registered under the Limited Partnerships Act 1907,
or a firm or entity of a similar character formed under the law of a country or territory outside the United Kingdom,
“relevant commercial organisation” means—
a body which is incorporated under the law of any part of the United Kingdom and which carries on a business (whether there or elsewhere),
any other body corporate (wherever incorporated) which carries on a business, or part of a business, in any part of the United Kingdom,
a partnership which is formed under the law of any part of the United Kingdom and which carries on a business (whether there or elsewhere), or
any other partnership (wherever formed) which carries on a business, or part of a business, in any part of the United Kingdom,
and, for the purposes of this section, a trade or profession is a business.
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