Civil Engineering Reference
In-Depth Information
22.2.4 Geographical scope
The Bribery Act seeks to extend the reach of the anti-bribery legislation beyond the
bordersoftheUnitedKingdom.ForalloftheofencesundertheBriberyActarelevant
function or activity need not have a connection with the United Kingdom, and it may
also be performed in a country or territory outside the United Kingdom.
22.2.5 Improper performance
A function or activity is deemed under s.4(1) of the Bribery Act to be improperly
performed where: (1) it is performed in breach of a relevant expectation; and (2) there
is a failure to perform the function or activity and that failure is itself a breach of a
relevant expectation .
For the purposes of s.4 (1), a relevant expectation is one where a function is meant
to be carried out in good faith or impartially, it should have been carried out in that
manner.
Where a function or activity is carried out by a person who is in a position of trust
by virtue of performing the activity, a relevant expectation is 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.
22.2.6 Reasonable person test
he Bribery Act defines the words and phrases 'function', 'activity' and 'improper per-
formance'. Whether the elements of the defined offences have occurred will be judged
by the standard of what a 'reasonable person' in the UK would expect (s.5(1)). There-
fore any behaviour occurring outside of the UK will be judged by the standards of a
reasonable person from the UK, not a person of the place where the bribing offence
occurred. Furthermore, the Bribery Act provides that 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. This places a high standard on international
business actings, as a person from the UK will be required to exercise a standard of
behaviour that may preclude other behaviours that might otherwise be accepted in
foreign countries.
22.2.7 Bribery of foreign public officials
S.6 of the Bribery Act addresses instances of bribery of foreign officials, finally bring-
ing the UK into compliance with the OECD Combating Bribery of Foreign Officials
Convention, that it had ratified in 1998.
