The Bribery Act 2010 delayed until April 2011

The Bribery Act 2010 was due to come into force this year but will now not come into force until April 2011.

Under the Act, a company could face an unlimited fine if it is found that a person associated with the company bribes another person in order to obtain or retain either business or a business advantage for the company.

Defence and guidance

The only defence that is available to the company is to prove that is had �adequate procedures� in place designed to prevent bribery from being committed by people associated with the company.

It is anticipated that the government will produce guidance on the �adequate procedures� defence in January 2011. Such procedures are likely to include:

• Ensuring that the company has an anti � bribery policy which effectively deals with the avoidance of bribery within the organisation
• Training employees on preventing and recognising bribery
• Ensuring that any contracts with sub contractors providing a service to the company provide for a mechanism for termination in the event that bribery is suspected.

If you would like us to help you with any of the above when the guidance comes out in January please contact Simon Bates.