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PUBLIC BODIES CORRUPT PRACTICES ACT 1889

PUBLIC BODIES CORRUPT PRACTICES ACT 1889 - 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.
[30th August 1889]
Preamble rep. by SLR 1908

PUBLIC BODIES CORRUPT PRACTICES ACT 1889 - SECT 1
Corruption in office a misdemeanor.

1.(1) Every person who shall by himself or by or in conjunction
with any other person, corruptly solicit or receive, or agree to
receive, for himself, or for any other person, any gift, loan, fee,
reward, or advantage whatever as an inducement to, or reward for,
or otherwise on account of any member, officer, or servant of a
public body as in this Act defined, doing or forbearing to do
anything in respect of any matter or transaction whatsoever, actual
or proposed, in which the said public body is concerned, shall be
guilty of a misdemeanor.

(2) Every person who shall by himself or by or in conjunction with
any other person corruptly give, 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 or otherwise on account of any member, officer, or
servant of any public body as in this Act defined, doing or
forbearing to do anything in respect of any matter or transaction
whatsoever, actual or proposed, in which such public body as
aforesaid is concerned, shall be guilty of a misdemeanor.

PUBLIC BODIES CORRUPT PRACTICES ACT 1889 - SECT 2
Penalty for offences.

2. Any person on conviction for offending as aforesaid shall, at
the discretion of the court before which he is convicted,

(a)be liable to be imprisoned for any period not exceeding two
years,... or to pay a fine not exceeding five hundred pounds, or
to both such imprisonment and such fine; and

(b)in addition be liable to be ordered to pay to such body, and
in such manner as the court directs, the amount or value of any
gift, loan, fee, or reward received by him or any part thereof;
and

(c)be liable to be adjudged incapable of being elected or appointed
to any public office for [five years] from the date of his
conviction, and to forfeit any such office held by him at the time
of his conviction; and

(d)in the event of a second conviction for a like offence he
shall, in addition to the foregoing penalties, be liable to be
adjudged to be for ever incapable of holding any public office, and
to be incapable for [five years] of being registered as an elector,
or voting at an election either of members to serve in Parliament
or of members of any public body, and the enactments for preventing
the voting and registration of persons declared by reason of corrupt
practices to be incapable of voting shall apply to a person
adjudged in pursuance of this section to be incapable of voting;
and

(e)if such person is an officer or servant in the employ of any
public body upon such conviction he shall, at the discretion of the
court, be liable to forfeit his right and claim to any compensation
or pension to which he would otherwise have been entitled.

PUBLIC BODIES CORRUPT PRACTICES ACT 1889 - SECT 3
Savings.

3.Subs.(1) rep. by SLR 1908

(2) A person shall not be exempt from punishment under this Act by
reason of the invalidity of the appointment or election of a person
to a public office.

PUBLIC BODIES CORRUPT PRACTICES ACT 1889 - SECT 4
Restriction on prosecution.

4.[(1) If any person is charged with any offence under this Act...,
further proceedings on such charge shall not be taken against him
without the consent of the Attorney General for Northern Ireland.]

Subs.(2) rep. by SLR (NI) 1954

S.5 rep. by 1968 c.10 (NI) s.11 sch.

PUBLIC BODIES CORRUPT PRACTICES ACT 1889 - SECT 7
Interpretation.

7. In this Act

The expression "public body" means... [any district council
established under the Local Government Act (Northern Ireland) 1972],
also any board, commissioners, select vestry, or other body which
has power to act under and for the purposes of any Act relating
to local government, or the public health, or to poor law or
otherwise to administer money raised by rates in pursuance of any
public general Act, but does not include any public body as above
defined existing elsewhere than in the United Kingdom:

The expression "public office" means any office or employment of a
person as a member, officer, or servant of such public body:

The expression "person" includes a body of persons, corporate or
unincorporate:

The expression "advantage" includes any office or dignity, and any
forbearance to demand any money or money's worth or valuable thing,
and includes any aid, vote, consent, or influence, or pretended aid,
vote, consent, or influence, and also includes any promise or
procurement of or agreement or endeavour to procure, or the holding
out of any expectation of any gift, loan, fee, reward, or
advantage, as before defined.

S.9 rep. by 1975 c.62 s.23(2) sch.3

PUBLIC BODIES CORRUPT PRACTICES ACT 1889 - SECT 10
Short title.

10. This Act may be cited as the Public Bodies Corrupt Practices
Act, 1889.