Policy against bribery and corruption: Section D

D. Definitions

18. The University uses the following definitions in this policy :

    18.1. Associated Person/s refers to any individual or organisation performing services for and on behalf of the University, which may include the University's subsidiaries, recipients of grants, partners in collaborative working arrangements and joint ventures, suppliers, distributors, business contacts, agents, advisers, and government and public bodies.

    18.2. Bribery refers to:

    • offering, promising, giving, requesting, or accepting a financial or other advantage in circumstances occurring inside or outside the UK which are intended to induce or reward Improper performance of a function or activity that
      • is of a public nature, performed in the course of a person's employment, connected with a business or trade, or performed on behalf of a body of people; and
      • a reasonable person in the UK would expect to be performed in good faith, impartially or in accordance with a position of trust;
    • offering, promising or giving a financial or other advantage to a Public Official outside the UK (or somebody else nominated by that official) intending to influence the official in the performance of their official functions in order to obtain or retain business or a business advantage.

    18.3. Fraud refers to an act or omission, made with the intent of making a financial gain, or causing a financial loss, or exposing another to the risk of a financial loss, in which a person:

    • dishonestly makes a false representation; or
    • dishonestly fails to disclose information which he or she is under a legal duty to 
      disclose; or
    • occupies a position in which he or she is expected to safeguard, or not act against, 
      the interests of another person and dishonestly abuses that position; or
    • intends, by means of that abuse of that position to make a gain for himself or 
      herself or another, or to cause loss to another or to expose another to the risk of 
      loss.

    18.4. Improper means where the person concerned

    • fails to perform a function or activity in good faith, impartially or in accordance with a position of trust; or

    • does not perform the function at all.

      In deciding whether a function or activity has been performed improperly outside the UK, any local custom or practice must be disregarded unless it is permitted or required by the written law of the country in which it is performed.

    18.5. Public official refers to someone who holds a legislative, administrative or judicial position of any kind, whether appointed or elected; someone who exercises a "public function" for any country or territory (or any subdivision of such a country or territory); or an official of or agent of a public international organisation (eg UN; EU).

    18.6. Staff refers to all individuals working within the University at all levels and grades, including officers, employees (whether permanent, fixed term or temporary), workers, trainees, seconded staff, agency staff, volunteers, interns or any other person working in any context within the institution.