Overview

Since the Bribery Act (the Act) received Royal Assent in April last year, procurement professionals within public authorities and commercial organisations have been waiting for further clarification regarding the implications of the Act on the Public Contracts Regulations 2006 (the Regulations).

On 30 March 2011, both the Ministry of Justice and the Serious Fraud Office published guidance in relation to the application of the Act.

The implications of the Act on public procurement were not covered in the published guidance, however Kenneth Clarke, the Secretary of State for Justice, confirmed to Parliament that any organisation convicted under section 7 of the Act for failing to prevent bribery, will not be automatically barred from participating in tenders for public contracts under Regulation 23(1) of the Regulations.

Eversheds provides the details.

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