Bribery Act 2010, Charity Donation & Planning Application
Discussion
I am a NIMBY who is trying to stop a housing development from happening (flame away!).
Anyway, it has come to light that...
Entity A - is a private property development company.
Entity B - is a charitable organisation whom is concerned with wildlife protection and habitation.
Entity C - is a fellow NIMBY.
Here is the scenario:
Under the Bribery Act 2010, I believe both Entity A and Entity B have fallen foul of the law. Namely:
Anyway, it has come to light that...
Entity A - is a private property development company.
Entity B - is a charitable organisation whom is concerned with wildlife protection and habitation.
Entity C - is a fellow NIMBY.
Here is the scenario:
- Entity A offered Entity B a donation to financially support a local nature reserve in exchange to support the aforementioned planning application.
- Entity B accepted this offer.
- Entity B has confirmed they received and accepted an offer from Entity A to support the planning application in return for a financial contribution to Entity C via a phone call.
Under the Bribery Act 2010, I believe both Entity A and Entity B have fallen foul of the law. Namely:
- Entity A is guilt of part 1.1 (a) and (b)i (offers, promises or gives a financial or another advantage to another person and intends the advantage to induce a person to perform improperly a relevant function or activity).
- Entity B is guilty of part 2.2 (agrees to receive or accepts a financial or other advantage intending that, in consequence, a relevant function or activity should be performed improperly)
- 3.5 Condition C - is that a person performing the function or activity is in a position of trust by virtue of performing it.
- 4.1 (a) and (b) - is performed improperly if it is performed in breach of a relevant expectation, and is to be treated as being performed improperly if there is a failure to perform the function or activity and that failure is itself a breach of a relevant expectation.
- is my logic correct regarding the alleged act of Bribery?
- if an act of Bribery has occurred or there are reasonable grounds that an act of Bribery may have occurred as part of Entity A's application for planning permission, are there reasonable grounds for appealing the authorities decision approve the development?
If entity B is a charitable organization, and entity C is just an ordinary member of the public, then neither are in a position to be "performing a function improperly", with respect to the approving or not of a planning application, ergo a charge of offering them or of they accepting a bribe would seem to have no basis.
Thurbs said:
I am a NIMBY who is trying to stop a housing development from happening (flame away!).
Anyway, it has come to light that...
Entity A - is a private property development company.
Entity B - is a charitable organisation whom is concerned with wildlife protection and habitation.
Entity C - is a fellow NIMBY.
Here is the scenario:
Under the Bribery Act 2010, I believe both Entity A and Entity B have fallen foul of the law. Namely:
Has Entity B "performed improperly" a relevant function or activity as a result of the payment?Anyway, it has come to light that...
Entity A - is a private property development company.
Entity B - is a charitable organisation whom is concerned with wildlife protection and habitation.
Entity C - is a fellow NIMBY.
Here is the scenario:
- Entity A offered Entity B a donation to financially support a local nature reserve in exchange to support the aforementioned planning application.
- Entity B accepted this offer.
- Entity B has confirmed they received and accepted an offer from Entity A to support the planning application in return for a financial contribution to Entity C via a phone call.
Under the Bribery Act 2010, I believe both Entity A and Entity B have fallen foul of the law. Namely:
- Entity A is guilt of part 1.1 (a) and (b)i (offers, promises or gives a financial or another advantage to another person and intends the advantage to induce a person to perform improperly a relevant function or activity).
- Entity B is guilty of part 2.2 (agrees to receive or accepts a financial or other advantage intending that, in consequence, a relevant function or activity should be performed improperly)
- 3.5 Condition C - is that a person performing the function or activity is in a position of trust by virtue of performing it.
- 4.1 (a) and (b) - is performed improperly if it is performed in breach of a relevant expectation, and is to be treated as being performed improperly if there is a failure to perform the function or activity and that failure is itself a breach of a relevant expectation.
- is my logic correct regarding the alleged act of Bribery?
- if an act of Bribery has occurred or there are reasonable grounds that an act of Bribery may have occurred as part of Entity A's application for planning permission, are there reasonable grounds for appealing the authorities decision approve the development?
That seems to be the requirement for an offence to be committed.
Indeed. Section 106 relates to an agreement between the local authority and a developer.
One which can be attached to planning permission to make a development proposal acceptable in planning terms, that would not otherwise be acceptable.
https://www.local.gov.uk/pas/pas-topics/infrastruc...
If the OP thinks everything is not quite kosher then maybe he should contact the Charities Commission?
One which can be attached to planning permission to make a development proposal acceptable in planning terms, that would not otherwise be acceptable.
https://www.local.gov.uk/pas/pas-topics/infrastruc...
If the OP thinks everything is not quite kosher then maybe he should contact the Charities Commission?
Thurbs said:
I am not looking to initiate a public or private prosecution for either entity.
Why not?You appear to believe criminality may have occurred & claim you are also trying to stop a development.
Suggest you speak either to the Charities commission as already suggested or take your concerns to the police.
The OP can bring a private prosecution by laying information at a Magistrates Court. They can do that themselves without using a Lawyer.
The OP may want to look into the grounds for bringing a Judicial Review into the planning decision if they believe there has been impropriety or bias. It may be beneficial to do that before laying an information at a Magistrates Court.
The CPS and the police do not have a monopoly on bringing prosecutions.
The OP may want to look into the grounds for bringing a Judicial Review into the planning decision if they believe there has been impropriety or bias. It may be beneficial to do that before laying an information at a Magistrates Court.
The CPS and the police do not have a monopoly on bringing prosecutions.
Edited by carinaman on Thursday 28th February 13:52
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