Bribery policy

1. Purpose and scopes

1.1 As evidence of the commitment to detect and investigate as well as prevent bribery, Registers of Scotland will maintain appropriate channels for reporting incidences. These can be found in the RoS Whistleblowing policy.

1.2 This policy applies to all RoS employees, contingent workers, its non-executive directors, secondees (inward and outward) and those employed by parties contracted to deliver services on our behalf (RoS colleagues). Therefore, they are required to comply with the policy, the Act, the Civil Service Code and the relevant bribery and corruption laws in force in whichever jurisdiction in which they are engaged in business.

2. Guiding principles

2.1 The policy takes account of the updating of bribery legislation in the Bribery Act 2010 and the Civil Service Code of Conduct.

2.2 As civil servants, all RoS colleagues should be aware of the core values of integrity and honesty set out in the Civil Service Code and the requirement  that civil servants must not accept gifts or hospitality or receive other benefits from someone who might reasonably be seen to compromise our personal judgement or integrity.  Similarly, they should not be influenced by improper pressures from others or the prospect of personal gain.

2.3 The Bribery Act 2010 applies to UK citizens, residents and incorporated entities in the UK.  It modernises the law on bribery and creates offences for bribing another person and being bribed. It creates a new offence in respect of organisations that fail to prevent persons associated with them from bribing on their behalf.

2.4 RoS recognises that over and above any criminal charges arising from our specific acts of bribery it may also tarnish our reputation, the reputation of the public sector and that of Scotland in general.  RoS therefore aims to limit our exposure to bribery by:

• setting out an unambiguous bribery policy that applies to all RoS colleagues and all those acting on our behalf
• communicating this policy to all colleagues and those acting on our behalf, and providing appropriate education and training
• making it easy for colleagues and those acting on our behalf, to report concerns and encouraging them to be vigilant in helping to guard against bribery
• maintaining robust policies and procedures that decrease the opportunity to offer or receive bribes and increase the likelihood of uncovering any such action; and
• making clear the obligation to self-report any incidence involving RoS or a partner organisation under the Act.

3. The policy

3.1 RoS and RoS colleagues will not:

• make or accede to threats
• agree to accept or actually accept anything that an informed, reasonable third party could perceive as being either -
• an inducement for RoS to act improperly; or
• a reward for RoS acting improperly
• offer, promise or give (whether directly or indirectly) anything likely to be perceived to cause the same in others; and
• continue to deal with any external organisation where reasonable suspicion exists that it may have committed offences under the Bribery Act.

3.2 RoS and RoS Colleagues will:

• conduct the relevant due diligence on parties with whom we enter into business arrangements and make it clear from the outset of any such business that we will not tolerate any form of bribery; and
• make a self-disclosure to line management whenever anyone considers that there are reasonable grounds to believe that colleagues or business partners have committed a breach of the Act and co-operate fully with any ensuing investigation.

3.3 This policy is not designed to prohibit the following, provided thy are reasonable:

• the offer of hospitality to customers/suppliers/external contacts that may reasonably be expected to be reciprocated
• the presentation of ceremonial and token marketing gifts; and
• the use of legitimate, fast-track services available to anyone.

4. Training and awareness

4.1 This policy will be drawn to the attention of colleagues annually (and will be included in induction material).  Employees will receive appropriate training in recognising and dealing with potential situations and sources of bribery and will be given adequate resources to help them prevent these situations from developing.

5. Roles and responsibilities

5.1 C Band leaders across RoS are responsible for assessing the bribery risks specific to their areas of responsibility (with the support of the Enterprise Risk Management Team). Based on these assessments, they must develop and implement appropriate procedures and responses to prevent and detect bribery. Where additional support is required, particularly in relation to staff conduct, training, or disciplinary matters, C Band leaders should engage with HR at an early stage.

5.2 All managers are expected to recognise the implications of the policy and the limits of their discretion.  Where they legally act outside set procedures, a clearly stated and defendable business case (noting the risks of such actions) must be presented in writing to the Executive Management Team and the C-band leader responsible for the procedures.

6. Approval and review

6.1 This policy will be reviewed and approved by the Policy and Practice Group annually, unless earlier review is appropriate