Author: Dennis Chapman
Published: April 20, 2011
Reading time: 1 minute
This article is 11 years old.
Read our disclaimer keyboard_arrow_down
This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.
The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.
The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.
Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.
If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.
All characters are fictitious and should not be taken as referring to any person living or dead.
Use of this website shall be considered acceptance of the terms of the disclaimer presented above.
On 31 March 2011 the Government published guidance on what procedures businesses must put into place to offer as a defence if accused of failure to prevent bribery.
The legislation will come into force on 1 July 2011.
Essentially bribery is defined as giving someone a financial or other advantage to encourage that person to perform their functions or activities improperly or to reward that person for having already done so.
Adequate procedures depend on the bribery risks you face and the nature, size and complexity of the business. As a business, considerations include:-
1. Proportionality – how large and widespread is your business?
2. Commitment of the business leaders.
3. Risk Assessment. Who do you do business with? Where might bribery be common place?
4. Due Diligence. Carrying out checks on who you are dealing with.
5. Communication. Explain to all people who may cause risk whether internal or external what you are attempting to avoid.
6. Monitoring and review.
It is still permitted to provide genuine hospitality (if reasonable and proportionate). Tickets to sporting events, lunches, paying for travel expenses is still acceptable