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The Bribery Act 2010 (Consequential Amendments) Order 2011

S.I. 2011/1441 · Made 7 June 2011 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 18 April 2016.

Criminal Law

Made 7th June 2011

Laid before Parliament 9th June 2011

Coming into force 1st July 2011

The Secretary of State makes the following Order in exercise of the powers conferred by section 17(4) of the Bribery Act 2010f1.

Annotations to the whole text

Footnotes

f1

2010 c. 23. Section 17(4) of the Bribery Act 2010 confers a power on the relevant national authority to make such supplementary, incidental or consequential provision for the purposes of the Act or in consequence of the Act; section 17(10) defines “relevant national authority”. The Secretary of State is the relevant national authority in relation to the provision made in this Order. The Order amends only secondary legislation, and is subject, therefore, by section 17(7) of the Act, to the negative procedure.

Contents

  1. 1Citation and commencement
  2. 2Consequential amendments
  3. Signature
  4. Schedule: Consequential Amendments
  5. 1Extradition Act 2003 (Parties to International Conventions) Order 2005
  6. 2Public Contracts Regulations 2006 Repealed
  7. 3Utilities Contracts Regulations 2006 Repealed
  8. 4National Assembly for Wales (Representation of the People) Order 2007
  9. 5Criminal Defence Service (Funding) Order 2007
  10. 6Electricity (Competitive Tenders for Offshore Transmission Licences) Regulations 2010
  11. Explanatory note

1Citation and commencementI1

This Order may be cited as the Bribery Act 2010 (Consequential Amendments) Order 2011 and comes into force on 1st July 2011.

2Consequential amendmentsI1

The amendments in the Schedule, which are consequential on the entry into force of the Bribery Act 2010, have effectf1.

Signature

Kenneth Clarke

Secretary of State for Justice

Ministry of Justice

7th June 2011

1Extradition Act 2003 (Parties to International Conventions) Order 2005I1

In Schedule 1 (territories, conventions and conduct) to the Extradition Act 2003 (Parties to International Conventions) Order 2005f1, in the two places in the table that they appear, for the words “1. Bribery” to “3. An offence under section 1 of the Prevention of Corruption Act 1906”, substitute “An offence under section 1 or 6 of the Bribery Act 2010”.

2Public Contracts Regulations 2006F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3Utilities Contracts Regulations 2006F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4National Assembly for Wales (Representation of the People) Order 2007I1

In article 117 (avoidance of election for employing corrupt agent) of the National Assembly for Wales (Representation of the People) Order 2007f1, in paragraph (2), omit sub-paragraph (b) and the preceding “or”.

5Criminal Defence Service (Funding) Order 2007I1

In Schedule 1 (advocates’ graduated fee scheme) to the Criminal Defence Service (Funding) Order 2007f1, in part 6 (table of offences) following the entry for “Embracery”, insert—

“

Offences of bribing another personBribery Act 2010 s. 12010 c. 23
Offences relating to being bribedBribery Act 2010 s. 22010 c. 23
Bribery of foreign public officialsBribery Act 2010 s. 62010 c. 23

”.

6Electricity (Competitive Tenders for Offshore Transmission Licences) Regulations 2010I1

In Schedule 8 (events of disqualification) to the Electricity (Competitive Tenders for Offshore Transmission Licences) Regulations 2010f1, in paragraph 1, for sub-paragraph (e) substitute “doing anything which would constitute the commission of an offence under section 1, 2 or 6 of the Bribery Act 2010.”.

Explanatory note

(This note is not part of the Order)

This Order makes amendments to subordinate legislation in consequence of the Bribery Act 2010 (“the Act”): it comes into force on 1st July 2011. The amendments reflect the abolition of the common law offences of bribery and embracery by section 17(1)(a) of the Act and the repeal, by Schedule 2 to the Act, of the Public Bodies Corrupt Practices Act 1889 (c. 69), the Prevention of Corruption Act 1906 (c. 34), and the Prevention of Corruption Act 1916 (c. 64).

Paragraph 1 of the Schedule to this Order (“the Schedule”) amends Schedule 1 to the Extradition Act 2003 (Parties to International Conventions) Order 2005 (S.I. 2005/46) by substituting references to offences abolished or repealed by the Act with offences under section 1 and 6 of the Act.

Paragraph 2 of the Schedule amends regulation 23(1) of the Public Contracts Regulations 2006 (S.I. 2006/5) by inserting references to offences under section 1 and 6 of the Act.

Paragraph 3 of the Schedule amends regulation 26(1) of the Utilities Contracts Regulations (S.I. 2006/6) by inserting references to offences under section 1 and 6 of the Act.

Paragraph 4 of the Schedule amends the National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236) by repealing sub-paragraph (b) of article 117(2) of that Order.

Paragraph 5 of the Schedule amends part 6 of Schedule 1 to the Criminal Defence Service (Funding) Order (S.I. 2007/1174) by inserting references to offences under section 1, 2 and 6 of the Act.

Paragraph 6 of the Schedule amends Schedule 8 to the Electricity (Competitive Tenders for Offshore Transmission Licences) Regulations (S.I. 2010/1903) by substituting the references to offences repealed by the Act with references to offences under section 1, 2 and 6 of the Act.