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Prevention of Corruption Act 1906

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Prevention of Corruption Act 1906

1906 CHAPTER 34 6 Edw 7

An Act for the better Prevention of Corruption.

[4th August 1906]

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Modifications etc. (not altering text)

C1This Act is not necessarily in the form in which it has effect in Northern Ireland

1 Punishment of corrupt transactions with agents.E+W+S+N.I.

(1)If any agent corruptly accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gift or consideration as an inducement or reward for doing or forbearing to do, or for having after the passing of this Act done or forborne to do, any act in relation to his principal’s affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal’s affairs or business; or

If any person corruptly gives or agrees to give or offers any gift or consideration to any agent as an inducement or reward for doing or forbearing to do, or for having after the passing of this Act done or forborne to do, any act in relation to his principal’s affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal’s affairs or business; or

If any person knowingly gives to any agent, or if any agent knowingly uses with intent to deceive his principal, any receipt, account, or other document in respect of which the principal is interested, and which contains any statement which is false or erroneous or defective in any material particular, and which to his knowledge is intended to mislead the principal:

he shall be guilty of a misdemeanour, and [F1shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both; and

(b)on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine, or to both.]

(2)For the purposes of this Act the expression “consideration” includes valuable consideration of any kind; the expression “agent” includes any person employed by or acting for another; and the expression “principal” includes an employer.

(3)A person serving under the Crown or under any corporation or any . . . F2, borough, county, or district council, or any board of guardians, is an agent within the meaning of this Act.

[F3(4)For the purposes of this Act it is immaterial if—

(a)the principal’s affairs or business have no connection with the United Kingdom and are conducted in a country or territory outside the United Kingdom;

(b)the agent’s functions have no connection with the United Kingdom and are carried out in a country or territory outside the United Kingdom.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2Word repealed by S.I. 1974/595, Sch.

F3S. 1(4) inserted (E.W.N.I.) (14.2.2002) by 2001 c. 24, s. 108(2); S.I. 2002/228, art. 2

Modifications etc. (not altering text)

C6S. 1 extended (E.W.N.I.) (14.2.2002) by 2001 c. 24, s. 109(3)(c); S.I. 2002/228, art. 2

C9Reference to board of guardians to be construed as reference to council of a county or a London borough or the Common Council of the City of London: Local Government Act 1929 (c. 17), Sch. 10 para. 1, London Government Act 1963 (c. 33), s. 4(2)(b)

2 Prosecution of offences.E+W+N.I.

(1)A prosecution for an offence under this Act shall not be instituted without the consent, in England of the Attorney-General F4. . ., F4. . .

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(3)Every information for any offence under this Act shall be upon oath.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

[F8(6)Any person aggrieved by a summary conviction under this Act may appeal to [F9the Crown Court].]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4Words in s. 2(1) repealed (30.9.1997) by 1997 c. 60, s. 3(2)(3), Sch.

3 Application to Scotland.E+W+S+N.I.

This Act shall extend to Scotland, subject to the following modifications:—

(1)Section two shall not extend to Scotland:

(2)In Scotland all offences which are punishable under this Act on summary conviction shall be prosecuted before the sheriff in manner provided by the Summary Jurisdiction (Scotland) Acts.

4†Short title and commencement.E+W+S+N.I.
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Modifications etc. (not altering text)

C10Unreliable marginal note

(1)This Act may be cited as the Prevention of Corruption Act 1906.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C10Unreliable marginal note

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