(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.
4 Improper 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.
5 Expectation 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.
