Prevention of Corruption (Amendment) Act 2001 (Repealed)


Number 27 of 2001


PREVENTION OF CORRUPTION (AMENDMENT) ACT 2001 (Repealed)

REVISED

Updated to 30 July 2018


This Revised Act is an administrative consolidation of the Prevention of Corruption (Amendment) Act 2001. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Companies (Statutory Audits) Act 2018 (22/2018), enacted 25 July 2018, and all statutory instruments up to and including Criminal Justice (Corruption Offences) Act 2018 (Commencement) Order 2018 (S.I. No. 298 of 2018), made 26 July 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 27 of 2001


PREVENTION OF CORRUPTION (AMENDMENT) ACT 2001 (Repealed)

REVISED

Updated to 30 July 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Prevention of Corruption Acts 1889 to 2010 : this Act is one of a group of Acts included in this collective citation ( Prevention of Corruption (Amendment) Act 2010, s. 7(2)). The Acts in the collective citation are repealed. The Acts in the group are:

Public Bodies Corrupt Practices Act 1889 (52 & 53 Vict., c. 69) (repealed)

Prevention of Corruption Act 1906 (6 Edw. 7., c. 34) (repealed)

Prevention of Corruption Act 1916 (6 & 7 Geo. 5., c. 64) (repealed)

Ethics in Public Office Act 1995 (22/1995), s. 38 (repealed)

Prevention of Corruption (Amendment) Act 2001 (27/2001) (repealed)

Proceeds of Crime (Amendment) Act 2005 (1/2005), Part 5 (s. 23) (repealed)

Prevention of Corruption (Amendment) Act 2010 (33/2010) (repealed)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1984, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Criminal Justice (Corruption Offences) Act 2018 (9/2018)

Workplace Relations Act 2015 (16/2015)

Protected Disclosures Act 2014 (14/2014)

Prevention of Corruption (Amendment) Act 2010 (33/2010)

National Asset Management Agency Act 2009 (34/2009)

Criminal Justice Act 2006 (26/2006)

Proceeds of Crime (Amendment) Act 2005 (1/2005)

All Acts up to and including Companies (Statutory Audits) Act 2018 (22/2018), enacted 25 July 2018, were considered in the preparation of this revision.

Statutory instruments, orders and regulations which affect or previously affected this revision

Prevention of Corruption (Amendment) Act 2001 (Commencement) (No. 2) Order 2002 (S.I. No. 477 of 2002)

Prevention of Corruption (Amendment) Act 2001 (Commencement) Order 2002 (S.I. No. 519 of 2001)

All statutory instruments up to and including Criminal Justice (Corruption Offences) Act 2018 (Commencement) Order 2018 (S.I. No. 298 of 2018), made 26 July 2018, were considered in the preparation of this revision.


Number 27 of 2001


PREVENTION OF CORRUPTION (AMENDMENT) ACT 2001 (Repealed)

REVISED

Updated to 30 July 2018


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Amendment of section 1 of Act of 1906.

2A.

Seizure of suspected bribe.

2B.

Forfeiture of bribe.

2C.

Application of sections 40, 41, 42 and 45 of Act of 1994 to certain property.

3.

Presumption of corruption from failure to disclose political donations.

4.

Presumption of corruption.

5.

Search Warrant.

6.

Corruption occurring partially in State.

7.

Corruption occurring outside State.

8.

Corruption in office.

8A.

Protection for persons (including employees) reporting offences under Prevention of Corruption Acts 1889 to 2010.

9.

Offences by bodies corporate.

10.

Short title, collective citation and construction.

Schedule 1

Redress for contravention of section 8A(5)

Schedule 2

Provisions applicable in case of communications referred to in section 8A made in confidence.

Acts Referred to

Electoral Act, 1997

1997, No. 25

European Parliament Elections Act, 1997

1997, No. 2

Local Elections (Disclosure of Donations and Expenditure) Act, 1999

1999, No. 7

Planning and Development Act, 2000

2000, No. 30

Prevention of Corruption Act, 1906

1906, c. 34

Prevention of Corruption Acts, 1889 to 1995

Public Bodies Corrupt Practices Act, 1889

1889, c. 69


Number 27 of 2001


PREVENTION OF CORRUPTION (AMENDMENT) ACT 2001 (Repealed)

REVISED

Updated to 30 July 2018


AN ACT TO GIVE EFFECT TO THE CONVENTION DRAWN UP ON THE BASIS OF ARTICLE K 3(2)( c) OF THE TREATY ON EUROPEAN UNION ON THE FIGHT AGAINST CORRUPTION INVOLVING OFFICIALS OF THE EUROPEAN COMMUNITIES OR OFFICIALS OF MEMBER STATES OF THE EUROPEAN UNION DONE AT BRUSSELS ON THE 26th DAY OF MAY, 1997, THE CONVENTION ON COMBATING BRIBERY OF FOREIGN PUBLIC OFFICIALS IN INTERNATIONAL BUSINESS TRANSACTIONS DRAWN UP UNDER THE AUSPICES OF THE ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT AND ADOPTED AT PARIS ON THE 21st DAY OF NOVEMBER, 1997, AND THE CRIMINAL LAW CONVENTION ON CORRUPTION DRAWN UP UNDER THE AUSPICES OF THE COUNCIL OF EUROPE AND DONE AT STRASBOURG ON THE 27th DAY OF JANUARY, 1999, AND FOR THAT PURPOSE TO AMEND CERTAIN ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS. [9 th July, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Act and collectively cited Prevention of Corruption Acts 1889 to 2010 repealed (30.07.2018) by Criminal Justice (Corruption Offences) Act 2018 (9/2018), s. 4 and sch. 2, S.I. No. 298 of 2018.

Repeals

4. The enactments specified in Schedule 2 are repealed to the extent specified in column (3) of that Schedule.

...

SCHEDULE 2

Enactments Repealed

Section 4

Session and Chapter or Number and Year

(1)

Short Title

(2)

Extent of Repeal

(3)

52 & 53 Vict., c. 69

Public Bodies Corrupt Practices Act 1889

The whole Act

6 Edw. 7, c. 34

Prevention of Corruption Act 1906

The whole Act

6 & 7 Geo. 5, c. 64

Prevention of Corruption Act 1916

The whole Act

No. 22 of 1995

Ethics in Public Office Act 1995

Section 38

No. 27 of 2001

Prevention of Corruption (Amendment) Act 2001

The whole Act

No. 50 of 2001

Criminal Justice (Theft and Fraud Offences) Act 2001

Definitions of “active corruption” and “passive corruption” in section 40(1)

Sections 43, 44 and 45(2)

No. 1 of 2005

Proceeds of Crime (Amendment) Act 2005

Section 23

No. 33 of 2010

Prevention of Corruption (Amendment) Act 2010

The whole Act

C2

Application of collectively cited Prevention of Corruption Acts 1889 to 2001 confirmed (21.12.2009) by National Asset Management Agency Act 2009 (34/2009), s. 16, S.I. No. 545 of 2009.

Prevention of corruption.

16.— (1) To avoid doubt, the provisions of the Prevention of Corruption Acts 1889 to 2001 apply to—

( a) every officer of NAMA,

( b) the Chief Executive Officer,

( c) the other members of the Board, and

( d) every director of a NAMA group entity.

(2) Where in any proceedings against a person who performs functions for or on or behalf of NAMA, or who performs functions connected to the valuation of eligible bank assets, for an offence under the Public Bodies Corrupt Practices Act 1889 or the Prevention of Corruption Act 1906 it is shown that—

( a) any gift, consideration or advantage has been given to or received by the person, and

( b) the person who gave the gift, consideration or advantage or on whose behalf the gift, consideration or advantage was given was—

(i) a person who is a debtor in relation to an eligible bank asset, or

(ii) an associated debtor of such a person,

the gift or consideration or advantage shall be taken, unless the contrary is proved, to have been given and received corruptly as an inducement to or reward for the person performing or omitting to perform any of those functions.

C3

Application of collectively cited Prevention of Corruption Acts confirmed (1.01.2003 and 21.05.2004) by Local Government Act 2001 (37/2001), s. 170, S.I. No. 218 of 2002 and S.I. No. 217 of 2004.

Prohibition of favours, rewards, etc.

170.—(1) An employee or a member of a local authority or of a committee of a local authority shall not seek, exact or accept from any person, other than from the local authority concerned, any remuneration, fee, reward or other favour for anything done or not done by virtue of his or her employment or office, and a code of conduct under section 169 may include guidance for the purposes of this subsection.

(2) Subsection (1) shall not be read so as to exclude the persons to whom that subsection relates from the application of the Prevention of Corruption Acts, 1889 to 1995, and any Act which is to be construed together as one with those Acts.