Page:Bribery Act 2010 (UKPGA 2010-23 qp).pdf/12

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10
Bribery Act 2010 (c. 23)

(b) in relation to the Secret Intelligence Service, the Chief of the Secret Intelligence Service, and
(c) in relation to GCHQ, the Director of GCHQ,
“intelligence service” means the Security Service, the Secret Intelligence Service or GCHQ,
“relevant bribery offence” means—
(a) an offence under section 1 which would not also be an offence under section 6,
(b) an offence under section 2,
(c) an offence committed by aiding, abetting, counselling or procuring the commission of an offence falling within paragraph (a) or (b),
(d) an offence of attempting or conspiring to commit, or of inciting the commission of, an offence falling within paragraph (a) or (b), or
(e) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to an offence falling within paragraph (a) or (b).

14 Offences under sections 1, 2 and 6 by bodies corporate etc.

(1) This section applies if an offence under section 1, 2 or 6 is committed by a body corporate or a Scottish partnership.

(2) If the offence is proved to have been committed with the consent or connivance of—

(a) a senior officer of the body corporate or Scottish partnership, or
(b) a person purporting to act in such a capacity,

the senior officer or person (as well as the body corporate or partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.

(3) But subsection (2) does not apply, in the case of an offence which is committed under section 1, 2 or 6 by virtue of section 12(2) to (4), to a senior officer or person purporting to act in such a capacity unless the senior officer or person has a close connection with the United Kingdom (within the meaning given by section 12(4)).

(4) In this section—

“director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate,
“senior officer” means—
(a) in relation to a body corporate, a director, manager, secretary or other similar officer of the body corporate, and
(b) in relation to a Scottish partnership, a partner in the partnership.

15 Offences under section 7 by partnerships

(1) Proceedings for an offence under section 7 alleged to have been committed by a partnership must be brought in the name of the partnership (and not in that of any of the partners).

(2) For the purposes of such proceedings—