Failure of commercial organisations to prevent bribery

7Failure of commercial organisations to prevent bribery

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—

  • “partnership” means—

    1. a

      a partnership within the Partnership Act 1890, or

    2. b

      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—

    1. a

      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),

    2. b

      any other body corporate (wherever incorporated) which carries on a business, or part of a business, in any part of the United Kingdom,

    3. c

      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

    4. d

      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.