Bribery Act 2010

Section 17(2)

SCHEDULE 1 Consequential amendments

Ministry of Defence Police Act 1987 (c. 4)

1 In section 2(3)(ba) of the Ministry of Defence Police Act 1987 (jurisdiction of members of Ministry of Defence Police Force) for “Prevention of Corruption Acts 1889 to 1916” substitute “Bribery Act 2010”.

Criminal Justice Act 1987 (c. 38)

2 In section 2A of the Criminal Justice Act 1987 (Director of SFO’s pre-investigation powers in relation to bribery and corruption: foreign officers etc.) for subsections (5) and (6) substitute—

“(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.”

International Criminal Court Act 2001 (c. 17)

3 The International Criminal Court Act 2001 is amended as follows.

4 In section 54(3) (offences in relation to the ICC: England and Wales)—

(a) in paragraph (b) for “or” substitute “, an offence under the Bribery Act 2010 or (as the case may be) an offence”, and

(b) in paragraph (c) after “common law” insert “or (as the case may be) under the Bribery Act 2010”.

5 In section 61(3)(b) (offences in relation to the ICC: Northern Ireland) after “common law” insert “or (as the case may be) under the Bribery Act 2010”.

International Criminal Court (Scotland) Act 2001 (asp 13)

6 In section 4(2) of the International Criminal Court (Scotland) Act 2001 (offences in relation to the ICC)—

(a) in paragraph (b) after “common law” insert “or (as the case may be) under the Bribery Act 2010”, and

(b) in paragraph (c) for “section 1 of the Prevention of Corruption Act 1906 (c.34) or at common law” substitute “the Bribery Act 2010”.

Serious Organised Crime and Police Act 2005 (c. 15)

7 The Serious Organised Crime and Police Act 2005 is amended as follows.

8 In section 61(1) (offences in respect of which investigatory powers apply) for paragraph (h) substitute—

“(h) any offence under the Bribery Act 2010.”

9 In section 76(3) (financial reporting orders: making) for paragraphs (d) to (f) substitute—

“(da) an offence under any of the following provisions of the Bribery Act 2010—

• section 1 (offences of bribing another person),

• section 2 (offences relating to being bribed),

• section 6 (bribery of foreign public officials),”.

10 In section 77(3) (financial reporting orders: making in Scotland) after paragraph (b) insert—

“(c) an offence under section 1, 2 or 6 of the Bribery Act 2010.”

Armed Forces Act 2006 (c. 52)

11 In Schedule 2 to the Armed Forces Act 2006 (which lists serious offences the possible commission of which, if suspected, must be referred to a service police force), in paragraph 12, at the end insert—

“(aw) an offence under section 1, 2 or 6 of the Bribery Act 2010.”

Serious Crime Act 2007 (c. 27)

12 The Serious Crime Act 2007 is amended as follows.

13 (1) Section 53 of that Act (certain extra-territorial offences to be prosecuted only by, or with the consent of, the Attorney General or the Advocate General for Northern Ireland) is amended as follows.

(2) The existing words in that section become the first subsection of the section.

(3) After that subsection insert—

“(2) Subsection (1) does not apply to an offence under this Part to which section 10 of the Bribery Act 2010 applies by virtue of section 54(1) and (2) below (encouraging or assisting bribery).”

14 (1) Schedule 1 to that Act (list of serious offences) is amended as follows.

(2) For paragraph 9 and the heading before it (corruption and bribery: England and Wales) substitute—

“Bribery

9 An offence under any of the following provisions of the Bribery Act 2010—

(a) section 1 (offences of bribing another person);

(b) section 2 (offences relating to being bribed);

(c) section 6 (bribery of foreign public officials).”

(3) For paragraph 25 and the heading before it (corruption and bribery: Northern Ireland) substitute—

“Bribery

25 An offence under any of the following provisions of the Bribery Act 2010—

(a) section 1 (offences of bribing another person);

(b) section 2 (offences relating to being bribed);

(c) section 6 (bribery of foreign public officials).”