Bribery Act 2010 Guidance

https://www.justice.gov.uk/downloads/legislation/bribery-act-2010-guidance.pdf

The Bribery Act 2010 modernises the law on bribery. It comes into force on 1 July 2011. This document offers a quick guide to the things you need to know to prepare your business for implementation.

The Government has also produced detailed guidance about the Act and the procedures that organisations can put in place to prevent bribery, as well as a set of illustrative case studies which you may find of further assistance (available here: www.justice.gov.uk/guidance/bribery.ht

The Bribery Act 2010 – Quick start guide

Key points

• This Act deals only with bribery – not other forms of white-collar crime
• Your organisation may be liable for failing to prevent a person from bribing on your behalf but only if that person performs services for you in business. It is very unlikely therefore that you will be liable for the actions of someone who simply supplies goods to you
• There is a full defence if you can show you had adequate procedures in place to prevent bribery. But you do not need to put bribery prevention procedures in place if there is no risk of bribery on your behalf
• Hospitality is not prohibited by the Act
• Facilitation payments are bribes under the Act just as they are under the old law

What is covered by the Act?

The Act is concerned with bribery. Very generally, this is defined as giving someone a financial or other advantage to encourage that person to perform their functions or activities improperly or to reward that person for having already done so.

So, this could cover seeking to influence a decision-maker by giving some kind of extra benefit to that decision maker rather than by what can legitimately be offered as part of a tender process look here for the quick guide …

https://www.justice.gov.uk/downloads/legislation/bribery-act-2010-quick-start-guide.pdf