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The Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2012

S.I. 2012/462 · Made 21 February 2012

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 21st February 2012

Laid before Parliament 28th February 2012

Coming into force 22nd March 2012

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 to the Public Interest Disclosure (Prescribed Persons) Order 1999
  3. Signature
  4. Schedule Schedule
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2012 and comes into force on 22 March 2012.

2Amendment to the Public Interest Disclosure (Prescribed Persons) Order 1999

In the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999f1 before the entry for “Rail Regulator” insert the entry set out in the Schedule to this Order.

Signature

Nick Gibb

Minister of State

Department for Education

21st February 2012

First ColumnSecond Column
Persons and descriptions of person

Description of matters

Office of Qualifications and Examinations RegulationMatters in relation to which the Office of Qualifications and Examinations Regulation exercises functions under the Apprenticeships, Skills, Children and Learning Act 2009f1

Explanatory note

(This note is not part of the Order)

This Order amends the Public Interest Disclosure (Prescribed Persons) Order 1999 (“the 1999 Order”) by adding the Office of Qualifications and Examinations Regulation (“Ofqual”) to the list of prescribed persons in that Order. It also specifies the description of matters in respect of which Ofqual is prescribed.

Section 47B of the Employment Rights Act 1996 (“the 1996 Act”) provides a worker with the right not to suffer any detriment as a result of making a ‘protected’ disclosure, which by virtue of section 43A of that Act is a qualifying disclosure made in accordance with the requirements of the 1996 Act. Section 43F of the 1996 Act provides that a disclosure is protected if it is made to a prescribed person. 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 instrument as there will be minimal impact on business, civil society organisations, and the public sector.