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The Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2009

S.I. 2009/2457 · Made 7 September 2009

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Terms And Conditions Of Employment

Made 7th September 2009

Laid before Parliament 9th September 2009

Coming into force 1st October 2009

The Secretary of State makes the following Order in exercise of the powers conferred by section 43F of the Employment Rights Act 1996f1.

Annotations to the whole text

Footnotes

f1

1996 c.18; section 43F was inserted by section 1 of the Public Interest Disclosure Act 1998 (c.23).

Contents

  1. 1Citation and commencement
  2. 2Amendment
  3. 3Amendment
  4. 4Amendment
  5. Signature
  6. Schedule Schedule
  7. Explanatory note

1Citation and commencement

This Order may be cited as the Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2009 and comes into force on 1st October 2009.

2Amendment

The Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999f1 is amended in accordance with articles 3 and 4.

3Amendment

After the entry relating to the Care Quality Commission, insert the entry relating to the Independent Regulator of NHS Foundation Trustsf1 set out in the Schedule to this Order.

4Amendment

After the entry relating to the Financial Services Authority, insert the entry relating to the Financial Reporting Council Limitedf1 set out in the Schedule to this Order.

Signature

Davies of Abersoch

Minister for Trade, Investment and Business

Department for Business, Innovation and Skills

7th September 2009

First ColumnSecond Column

Persons and descriptions of persons

Descriptions of Matters

The Independent Regulator of NHS Foundation Trusts

Matters relating to—

  1. (a)

    the regulation and performance of NHS foundation trusts; and

  2. (b)

    any activities not covered by (a) in relation to which the Independent Regulator of NHS Foundation Trusts exercises its functions under the National Health Service Act 2006.

The Financial Reporting Council Limited and its operating bodies the Professional Oversight Board, the Financial Reporting Review Panel and the Accountancy and Actuarial Discipline Boardf1

Matters relating to—

  1. (a)

    the independent oversight of the regulation of the accountancy, auditing and actuarial professions;

  2. (b)

    the independent supervision of Auditors General (as defined in section 1226 of the Companies Act 2006f2);

  3. (c)

    the monitoring of major audits (as defined in section 525 of that Actf3 for the purposes of that section or section 522, or paragraph 13(10) of Schedule 10 to that Act for the purposes of that paragraph);

  4. (d)

    the registration of third country auditors (as defined in section 1261 of that Actf4);

  5. (e)

    compliance with the requirements of legislation relating to accounting and reporting; and

  6. (f)

    the investigation of the conduct of auditors, accountants and actuaries and the holding of disciplinary hearings in public interest cases (as defined in paragraph 24 of Schedule 10 to that Act).

Explanatory note

(This note is not part of the Order)

This Order amends the Public Interest Disclosure (Prescribed Persons) Order 1999 (S.I. 1999/1549). It adds to the list of prescribed persons in that Order—

the Independent Regulator of NHS Foundation Trusts, and

the Financial Reporting Council Limited and its operating bodies the Professional Oversight Board, the Financial Reporting Review Panel and the Accountancy and Actuarial Discipline Board.

It also specifies the descriptions of matters in respect of which those persons are prescribed.

Section 43F of the Employment Rights Act 1996 (c.18) provides a worker with the right not to suffer a detriment as a result of making a qualifying disclosure to a prescribed person in accordance with the requirements of that Act. The 1999 Order prescribes those persons and specifies the matters for which those persons are prescribed.

An Impact Assessment has not been produced for this Order as it has no impact on the costs of business, charities or voluntary bodies.