[F12ADirector's pre-investigation powers in relation to bribery and corruption: foreign officers etcU.K.
(1)The powers of the Director under section 2 are also exercisable for the purpose of enabling him to determine whether to start an investigation under section 1 in a case where it appears to him that conduct to which this section applies may have taken place.
(2)But—
(a)the power under subsection (2) of section 2 is so exercisable only if it appears to the Director that for the purpose of enabling him to make that determination it is expedient to require any person appearing to him to have relevant information to do as mentioned in that subsection, and
(b)the power under subsection (3) of that section is so exercisable only if it appears to the Director that for that purpose it is expedient to require any person to do as mentioned in that subsection.
(3)Accordingly, where the powers of the Director under section 2 are exercisable in accordance with subsections (1) and (2) above—
(a)the reference in subsection (2) of that section to the person under investigation or any other person whom the Director has reason to believe has relevant information is to be read as a reference to any such person as is mentioned in subsection (2)(a) above,
(b)the reference in subsection (3) of that section to the person under investigation or any other person is to be read as a reference to any such person as is mentioned in subsection (2)(b) above, and
(c)any reference in subsection (2), (3) or (4) of that section to the investigation is to be read as a reference to the making of any such determination as is mentioned in subsection (1) above.
(4)Any reference in section 2(16) to the carrying out of an investigation by the Serious Fraud Office into serious or complex fraud includes a reference to the making of any such determination as is mentioned in subsection (1) above.
[F2(5)This section applies to any conduct—
(a)which, as a result of section 3(6) of the Bribery Act 2010, constitutes an offence under section 1 or 2 of that Act under the law of England and Wales or Northern Ireland, or
(b)which constitutes an offence under section 6 of that Act under the law of England and Wales or Northern Ireland.]]
Textual Amendments
F1S. 2A inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 59(2), 153(7); S.I. 2008/1586, art. 2(1), Sch. 1 para. 33
F2S. 2A(5) substituted for s. 2A(5)(6) (1.7.2011) by Bribery Act 2010 (c. 23), s. 19(1), Sch. 1 para. 2 (with ss. 16, 19(5)); S.I. 2011/1418, art. 2