Legal considerations 2 Flashcards
What are the four offences created under The Bribery Act (2010)?
1) Bribing a person to induce or reward them to perform a relevant function improperly (active bribery).
2) Requesting, accepting or receiving a bribe as a reward for performing a relevant function improperly (passive bribery).
3) Using a bribe to influence a foreign official to gain a business advantage.
4) Failing to prevent bribery on behalf of a commercial organisation.
What are “Facilitation payments”?
Additional payments to induce officials to perform routine functions they are otherwise obliged to perform.
What is the penalty for committing a bribery offence under The Bribery Act (2010)?
Imprisonment for up to 10 years with unlimited fine.
A business can be guilty of a bribery offence even if they are not aware of (or condoned) an offence committed by an employee or associate. What legal defence does the company have?
That it had in place adequate procedures designed to prevent persons associated (with the company) from undertaking such conduct.
What is the definition of Fraud?
An intentional act involving the use of deception to obtain an unjust or illegal advantage - essentially ‘theft by deception’.
What are the three distinct offences under The Fraud Act (2006)?
1) Fraud by false representation (Section 2) - any representation as to fact or law… express or implied, which they know to be untrue or misleading.
2) Fraud by failing to disclose information (Section 3) - fails to disclose information to a third party when under a legal duty to disclose such information.
3) Fraud by abuse of position (Section 4) - occupies a position where they are expected to safeguard the financial interest of another person, and abuses that position.
According to the Theft Act (1968), when is someone guilty of theft?
If he/she dishonestly appropriates property belonging to another with the intention of permanently depriving them of it.
Which piece of legislation ensures that personal information is handled properly?
The Data Protection Act (1998)
Which body maintains a public register of data controllers?
The Information Commissioner’s Office (ICO)
Which piece of legislation safeguards workers rights not to be discriminated against in relation to their gender or orientation, race, age, disabilities, or religion and beliefs?
The Equality Act (2010)
What are the three types of discrimination that an equal opportunities policy will attempt to prevent?
1) Direct discrimination - an employer treats an employee less favourably than another due to their gender, race e.t.c.
2) Indirect discrimination - A working condition or rule disadvantages one group of people more than another.
3) Victimisation - An employer treating an employee less favourably because they have made, or tried to make, a complaint about discrimination.
