Bribery Act 2010
8.1 Elected Members and Officers appointed to outside bodies need also to be aware of their potential liability under the Bribery Act 2010. This Act created a number of new criminal offences, of which the most relevant in the context of this guidance are:
- bribing another person
- receiving a bribe
- failure by a commercial organisation to prevent bribery
The Act defines bribery as offering, promising or giving someone a financial or other advantage either –
to encourage that person to perform their functions or activities improperly or to reward that person for having already done so; or in the knowledge or belief that the acceptance of the advantage would itself constitute the improper performance of the recipient’s functions or activities.
8.2 Personal liability. Where any of the offences referred to in paragraph 8.1 are committed by a company, a senior officer of that company is liable to be prosecuted for the same offence if it is proved to have been committed with their consent or connivance. No indemnity or insurance is available to Elected Members or Officers found guilty in this situation
8.3 As regards the offence of a commercial organisation failing to prevent bribery, Elected Members and Officers should note the following (taken from Ministry of Justice guidance): so long as the organisation is incorporated (by whatever means), or is a partnership, it does not matter if it pursues primarily charitable or educational aims or purely public functions. It will be caught if it engages in commercial activities, irrespective of the purpose for which profits are made.
8.4 Elected Members and Officers should also refer to the Council’s anti-fraud policies for further details.