Public Bodies Corrupt Practices Act 1889
Encyclopedia
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The Act will be entirely repealed by the Bribery Act 2010
when it comes into force.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the United Kingdom of Great Britain and Ireland
United Kingdom of Great Britain and Ireland
The United Kingdom of Great Britain and Ireland was the formal name of the United Kingdom during the period when what is now the Republic of Ireland formed a part of it....
(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
Metropolitan police
Metropolitan Police is a generic title for the municipal police force for a major metropolitan area, and it may be part of the official title of the force...
confirmed that, following complaints by the Scottish National Party
Scottish National Party
The Scottish National Party is a social-democratic political party in Scotland which campaigns for Scottish independence from the United Kingdom....
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
United Kingdom general election, 2005
The United Kingdom general election of 2005 was held on Thursday, 5 May 2005 to elect 646 members to the British House of Commons. The Labour Party under Tony Blair won its third consecutive victory, but with a majority of 66, reduced from 160....
and four of these men were subsequently nominated for Life Peerages. (see main article Cash for Peerages
Cash for Peerages
Cash for Honours is the name given by some in the media to a political scandal in the United Kingdom in 2006 and 2007 concerning the connection between political donations and the award of life peerages...
)
Offences under the Act require the consent of the Attorney General
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
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 will be entirely repealed by the Bribery Act 2010
Bribery Act 2010
The Bribery Act 2010 is an Act of the Parliament of the United Kingdom that covers the criminal law relating to bribery. Introduced to Parliament in the Queen's Speech in 2009 after several decades of reports and draft bills, the Act received the Royal Assent on 8 April 2010 following cross-party...
when it comes into force.