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(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.]
Textual Amendments
F1Words 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
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)
C1S. 1 extended (E.W.N.I.) (14.2.2002) by 2001 c. 24, s. 109(3)(c); S.I. 2002/228, art. 2
C2S. 1(1) amended by Prevention of Corruption Act 1916 (c. 64), s. 1
C3S. 1(2) amended by Prevention of Corruption Act 1916 (c. 64), s. 4(3)
C4Reference 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)
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