(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.
2 Offences 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.
3 Function 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.
