8 Meaning of associated person
(1) For the purposes of section 7, a person (“A”) is associated with C if (disregarding any bribe under consideration) A is a person who performs services for or on behalf of C.
(2) The capacity in which A performs services for or on behalf of C does not matter.
(3) Accordingly A may (for example) be C’s employee, agent or subsidiary.
(4) Whether or not A is a person who performs services for or on behalf of C is to be determined by reference to all the relevant circumstances and not merely by reference to the nature of the relationship between A and C.
(5) But if A is an employee of C, it is to be presumed unless the contrary is shown that A is a person who performs services for or on behalf of C.
9 Guidance about commercial organisations preventing bribery
(1) The Secretary of State must publish guidance about procedures that relevant commercial organisations can put in place to prevent persons associated with them from bribing as mentioned in section 7(1).
(2) The Secretary of State may, from time to time, publish revisions to guidance under this section or revised guidance.
(3) The Secretary of State must consult the Scottish Ministers before publishing anything under this section.
(4) Publication under this section is to be in such manner as the Secretary of State considers appropriate.
(5) Expressions used in this section have the same meaning as in section 7.
Prosecution and penalties
10 Consent to prosecution
(1) No proceedings for an offence under this Act may be instituted in England and Wales except by or with the consent of—
- (a) the Director of Public Prosecutions,
- (b) the Director of the Serious Fraud Office, or
- (c) the Director of Revenue and Customs Prosecutions.
(2) No proceedings for an offence under this Act may be instituted in Northern Ireland except by or with the consent of—
- (a) the Director of Public Prosecutions for Northern Ireland, or
- (b) the Director of the Serious Fraud Office.
(3) No proceedings for an offence under this Act may be instituted in England and Wales or Northern Ireland by a person—
- (a) who is acting—
- (i) under the direction or instruction of the Director of Public Prosecutions, the Director of the Serious Fraud Office or the Director of Revenue and Customs Prosecutions, or
- (ii) on behalf of such a Director, or
