THE Bribery Act 2010, which will be introduced soon, aims to modernise and consolidate the law on bribery, which in some cases dates as far back as 1889.

With a more comprehensive framework, the law on bribery will help combat this crime in the private and public sector and is welcomed by most commercial operators, who until now have been unsure of the rules.

Two general offences will be created by the Act – offering, promising or giving of an advantage; and requesting, agreeing to receive or accepting an advantage.

These sections apply in the UK and abroad and extend to covering bribery of a foreign public official.

And it is not only the football world and corporate giants that this legislation applies to. Small businesses beware.

The Bribery Act 2010 makes no allowance for the size of an organisation.

For example, if one of your salesmen offers to share his commission with the manager of a local business in return for them placing an order (and let’s face it, this is hardly unheard of) and you, as the owner of the business have not put adequate procedures in place to prevent bribery, you may just find yourself on the hook for prosecution, the maximum penalty being ten years in prison and an unlimited fine.

One less clear area is the world of corporate hospitality.

Everything from the free ergonomic pen to an all-expenses paid day on the golf course has the aim of attracting business and strengthening existing foundations, doesn’t it? So when is one business entertaining and another greasing palms?

The rule to remember here is that corporate hospitality will amount to bribery if it can be shown that the person offering it intended to influence the recipient into acting improperly.

Relative, reasonable and non-excessive are the measures, all of which should clearly be set out in your corporate hospitality policy and communicated to your workforce, agents and subcontractors.

It’s time to bin the brown paper bag.

The Bribery Act 2010 clearly tells us that there is no place in business for bungs, bribes and backhanders.

■ Deb McGargle is a consultant in the innovation team at BHP Law. For further information on the Bribery Act or for general advice, email deborahmc@bhp law.co.uk or call 07850-605266. Follow Deb and the rest of the Innovation Team on Twitter@BHPinnovate