Bribery Act 2010

General bribery offences

1Offences of bribing another person

(1)A person (“P”) is guilty of an offence if either of the following cases applies.

(2)Case 1 is where—

(a)P offers, promises or gives a financial or other advantage to another person, and

(b)P intends the advantage—

(i)to induce a person to perform improperly a relevant function or activity, or

(ii)to reward a person for the improper performance of such a function or activity.

(3)Case 2 is where—

(a)P offers, promises or gives a financial or other advantage to another person, and

(b)P knows or believes that the acceptance of the advantage would itself constitute the improper performance of a relevant function or activity.

(4)In case 1 it does not matter whether the person to whom the advantage is offered, promised or given is the same person as the person who is to perform, or has performed, the function or activity concerned.

(5)In cases 1 and 2 it does not matter whether the advantage is offered, promised or given by P directly or through a third party.

2Offences relating to being bribed

(1)A person (“R”) is guilty of an offence if any of the following cases applies.

(2)Case 3 is where R requests, agrees to receive or accepts a financial or other advantage intending that, in consequence, a relevant function or activity should be performed improperly (whether by R or another person).

(3)Case 4 is where—

(a)R requests, agrees to receive or accepts a financial or other advantage, and

(b)the request, agreement or acceptance itself constitutes the improper performance by R of a relevant function or activity.

(4)Case 5 is where R requests, agrees to receive or accepts a financial or other advantage as a reward for the improper performance (whether by R or another person) of a relevant function or activity.

(5)Case 6 is where, in anticipation of or in consequence of R requesting, agreeing to receive or accepting a financial or other advantage, a relevant function or activity is performed improperly—

(a)by R, or

(b)by another person at R’s request or with R’s assent or acquiescence.

(6)In cases 3 to 6 it does not matter—

(a)whether R requests, agrees to receive or accepts (or is to request, agree to receive or accept) the advantage directly or through a third party,

(b)whether the advantage is (or is to be) for the benefit of R or another person.

(7)In cases 4 to 6 it does not matter whether R knows or believes that the performance of the function or activity is improper.

(8)In case 6, where a person other than R is performing the function or activity, it also does not matter whether that person knows or believes that the performance of the function or activity is improper.

3Function or activity to which bribe relates

(1)For the purposes of this Act a function or activity is a relevant function or activity if—

(a)it falls within subsection (2), and

(b)meets one or more of conditions A to C.

(2)The following functions and activities fall within this subsection—

(a)any function of a public nature,

(b)any activity connected with a business,

(c)any activity performed in the course of a person’s employment,

(d)any activity performed by or on behalf of a body of persons (whether corporate or unincorporate).

(3)Condition A is that a person performing the function or activity is expected to perform it in good faith.

(4)Condition B is that a person performing the function or activity is expected to perform it impartially.

(5)Condition C is that a person performing the function or activity is in a position of trust by virtue of performing it.

(6)A function or activity is a relevant function or activity even if it—

(a)has no connection with the United Kingdom, and

(b)is performed in a country or territory outside the United Kingdom.

(7)In this section “business” includes trade or profession.

4Improper performance to which bribe relates

(1)For the purposes of this Act a relevant function or activity—

(a)is performed improperly if it is performed in breach of a relevant expectation, and

(b)is to be treated as being performed improperly if there is a failure to perform the function or activity and that failure is itself a breach of a relevant expectation.

(2)In subsection (1) “relevant expectation”—

(a)in relation to a function or activity which meets condition A or B, means the expectation mentioned in the condition concerned, and

(b)in relation to a function or activity which meets condition C, means any expectation as to the manner in which, or the reasons for which, the function or activity will be performed that arises from the position of trust mentioned in that condition.

(3)Anything that a person does (or omits to do) arising from or in connection with that person’s past performance of a relevant function or activity is to be treated for the purposes of this Act as being done (or omitted) by that person in the performance of that function or activity.

5Expectation test

(1)For the purposes of sections 3 and 4, the test of what is expected is a test of what a reasonable person in the United Kingdom would expect in relation to the performance of the type of function or activity concerned.

(2)In deciding what such a person would expect in relation to the performance of a function or activity where the performance is not subject to the law of any part of the United Kingdom, any local custom or practice is to be disregarded unless it is permitted or required by the written law applicable to the country or territory concerned.

(3)In subsection (2) “written law” means law contained in—

(a)any written constitution, or provision made by or under legislation, applicable to the country or territory concerned, or

(b)any judicial decision which is so applicable and is evidenced in published written sources.