Prevention of Corruption Act 1906 (repealed)

Prevention of Corruption Act 1906

1906 CHAPTER 34 6 Edw 7

An Act for the better Prevention of Corruption.

[4th August 1906]

Modifications etc. (not altering text)

C1 This Act is not necessarily in the form in which it has effect in Northern Ireland

C2 Act extended by Civil Aviation Act 1982 (c. 16, SIF 9), s. 19(1)

C3 Act extended (S.) by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 1, Sch. 1

C4 Act extended (E.W.S.) by Housing Associations Act 1985 (c. 69, SIF 61), s. 74, Sch. 6 para. 1(2) and Housing Act 1988 (c. 50, SIF 61), s. 46, Sch. 5 para. 1(2)

C5 Act extended (S.) by Enterprises and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 1, Sch. 1 para. 2

1 Punishment of corrupt transactions with agents. U.K.

(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 [F1 shall 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.

Textual Amendments

F1 Words and s. 1(1)(a)(b) substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 47(2)(3), 123(6), Sch. 8 para. 16

F2 Word repealed by S.I. 1974/595, Sch.

Modifications etc. (not altering text)

C6 S. 1(1) amended by Prevention of Corruption Act 1916 (c. 64), s. 1

C7 S. 1(2) amended by Prevention of Corruption Act 1916 (c. 64), s. 4(3)

C8 Reference 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 F3 . . ., F3 . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

[F7 (6) Any person aggrieved by a summary conviction under this Act may appeal to [F8 the Crown Court].]

Textual Amendments

F3 Words in s. 2(1) repealed (30.9.1997) by 1997 c. 60, s. 3(2)(3), Sch.

F4 S. 2(2) repealed by Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36), Sch. 3

F5 S. 2(4) repealed by Costs in Criminal Cases Act 1908 (c. 15), Sch.

F6 S. 2(5) repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. II

F7 S. 2(6) repealed (N.I.) by Statute Law Revision (Northern Ireland) Act 1980 (c. 59), Sch. Pt. II

F8 Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 2

3 Application to Scotland. U.K.

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. U.K.

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

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F9 S. 4(2) repealed by Statute Law Revision Act 1927 (c. 42)

Modifications etc. (not altering text)

C9 Unreliable marginal note