Public Bodies Corrupt Practices Act 1889

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The Public Bodies Corrupt Practice Act 1889[1]
Long title An Act for the more effectual Prevention and Punishment of Bribery and Corruption of and by Members, Officers, or Servants of Corporations, Councils, Boards, Commissions, or other Public Bodies.
Citation 52 & 53 Vict. c.69
Territorial extent England and Wales, Scotland, Northern Ireland, Republic of Ireland
Dates
Royal assent 30 August 1889
Status: Amended
Text of the Public Bodies Corrupt Practices Act 1889 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk

The Public Bodies Corrupt Practices Act 1889 (52 & 53 Vict. c.69) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland (as it was then). It is one of the Prevention of Corruption Acts 1889 to 1916.

The Act makes the active or passive bribery of a member, officer or servant of a public body a criminal offence.

Specifically, the Act prohibits a person covered by the Act, whether by himself, or in conjunction with any other person, from corruptly soliciting or receiving, or agreeing to receive, for himself, or any other person, any gift, loan, fee, reward or advantage whatever as an inducement to, or reward for, doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed, in which the public body is concerned. A person may also not corruptly promise, or offer, any gift, loan, fee, reward, or advantage whatsoever, to any person, whether for the benefit of that person, or of another person, as an inducement to or reward for doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed; in which the public body is concerned.

In March 2006, the Metropolitan Police confirmed that, following complaints by the Scottish National Party and others, they were investigating possible breaches of the Act. A total of £14 million in loans was given by wealthy individuals to Labour during the 2005 general election campaign and four of these men were subsequently nominated for Life Peerages. (see main article Cash for Peerages)

Offences under the Act require the consent of the Attorney General to proceed with a prosecution. In relation to offences created by the Act, the burden of proof is on the defendant to show (on the balance of probabilities) that the money, gift, or other consideration was not received corruptly.

The Act was entirely repealed by the coming into force of the Bribery Act 2010.

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Notes[edit]

  1. ^ This short title was conferred by section 10.

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