OpenLegislation

The Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2013

S.I. 2013/2213 · Made 4 September 2013

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 4th September 2013

Laid before Parliament 5th September 2013

Coming into force

for the purpose of articles 1, 2, 3, and 5 to 8 1st October 2013

for the purpose of article 4 6th April 2014

The Secretary of State, in exercise of the powers conferred by sections 43F and 236(5) of the Employment Rights Act 1996f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

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

Contents

  1. 1Citation and commencement
  2. 2Amendments to the Public Interest Disclosure (Prescribed Persons) Order 1999
  3. 3Amendments to the Public Interest Disclosure (Prescribed Persons) Order 1999
  4. 4Amendments to the Public Interest Disclosure (Prescribed Persons) Order 1999
  5. 5Amendments to the Public Interest Disclosure (Prescribed Persons) Order 1999
  6. 6Amendments to the Public Interest Disclosure (Prescribed Persons) Order 1999
  7. 7Amendments to the Public Interest Disclosure (Prescribed Persons) Order 1999
  8. 8Amendments to the Public Interest Disclosure (Prescribed Persons) Order 1999
  9. Signature
  10. Schedule Schedule
  11. Explanatory note

1Citation and commencement

(1)

This Order may be cited as the Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2013.

(2)

This article and articles 2, 3, and 5 to 8 come into force on 1st October 2013 and article 4 comes into force on 6th April 2014.

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

The Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999f1 is amended in accordance with articles 3 to 8.

3Amendments to the Public Interest Disclosure (Prescribed Persons) Order 1999

In the entry relating to the Audit Commission for England and Walesf1 and auditors appointed by the Commission to audit the accounts of local government, and health service, bodies, in the first and second columns after “bodies” insert “(including local policing bodies, and the chief constables and Commissioner of Police of the Metropolis appointed under the Police Reform and Social Responsibility Act 2011f2)”.

4Amendments to the Public Interest Disclosure (Prescribed Persons) Order 1999

In the entry relating to the Civil Aviation Authorityf1, in the second column, after “Compliance with the requirements of civil aviation legislation, including aviation safety” insert “and aviation security”.

5Amendments to the Public Interest Disclosure (Prescribed Persons) Order 1999

In the entry relating to the Scottish Social Services Councilf1, in the second column, after “Council” insert “under the Regulation of Care (Scotland) Act 2001”.

6Amendments to the Public Interest Disclosure (Prescribed Persons) Order 1999

After the entry relating to the Children’s Commissioner for Walesf1 insert the entries set out in table 1 in the Schedule to this Order.

7Amendments to the Public Interest Disclosure (Prescribed Persons) Order 1999

After the entry relating to the Rail Regulatorf1 insert the entries set out in table 2 in the Schedule to this Order.

8Amendments to the Public Interest Disclosure (Prescribed Persons) Order 1999

In the entry relating to Healthcare Improvement Scotlandf1, delete the entry in the second column and insert—

“Matters relating to—

(a)

furthering the improvement in the quality of health care (within the meaning of section 10A of the National Health Service (Scotland) Act 1978); and

(b)

any activities not covered by (a) in relation to which Healthcare Improvement Scotland has functions.”

Signature

Jo Swinson

Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs

Department for Business, Innovation and Skills

4th September 2013

Table 1

First ColumnSecond Column
Persons and descriptions of peopleDescription of matters
General Chiropractic Councilf1.

Matters relating to—

  1. (a)

    the registration and fitness to practise of a member of a profession regulated by the Council; and

  2. (b)

    any activities not covered by (a) in relation to which the Council has functions.

General Dental Councilf2.

Matters relating to—

(a)

the registration and fitness to practise of a member of a profession regulated by the Council; and

(b)

any activities not covered by (a) in relation to which the Council has functions.

General Medical Councilf3.

Matters relating to—

(a)

the registration and fitness to practise of a member of a profession regulated by the Council; and

(b)

any activities not covered by (a) in relation to which the Council has functions.

General Optical Councilf4.

Matters relating to—

(a)

the registration and fitness to practise of a member of a profession regulated by the Council; and

(b)

any activities not covered by (a) in relation to which the Council has functions.

General Osteopathic Councilf5.

Matters relating to—

(a)

the registration and fitness to practise of a member of a profession regulated by the Council; and

(b)

any activities not covered by (a) in relation to which the Council has functions.

General Pharmaceutical Councilf6.

Matters relating to—

(a)

the registration and fitness to practise of a member of a profession regulated by the Council; and

(b)

any activities not covered by (a) in relation to which the Council has functions.

Health and Care Professions Councilf7.

Matters relating to—

(a)

the registration and fitness to practise of a member of a profession regulated by the Council; and

(b)

any activities not covered by (a) in relation to which the Council has functions.

Nursing and Midwifery Councilf8.

Matters relating to—

(a)

the registration and fitness to practise of a member of a profession regulated by the Council; and

(b)

any activities not covered by (a) in relation to which the Council has functions.

Table 2

First ColumnSecond Column
Persons and descriptions of peopleDescription of matters
Police and Crime Panelsf9.

Matters relating to—

(a)

any complaint about the conduct of a relevant office holder, within the meaning of section 31 of the Police Reform and Social Responsibility Act 2011; and

(b)

any report made in accordance with section 114 of the Local Government Finance Act 1988f10 or section 4 or 5 of the Local Government and Housing Act 1989f11 in relation to the elected local policing body for the Police and Crime Panel’s area.

Elected local policing bodies.

Matters relating to any report made in accordance with section 114 of the Local Government Finance Act 1988 in relation to—

  1. (a)

    the chief constable for the elected local policing body’s area; or

  2. (b)

    where the elected local policing body is the Mayor’s Office for Policing and Crimef12, the Commissioner of Police of the Metropolis.

Explanatory note

(This note is not part of the Order)

This Order amends the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999 (“the 1999 Schedule”).

The Employment Rights Act 1996 (“1996 Act”) provides protection for workers who suffer a detriment or are dismissed as a result of blowing the whistle by making a qualifying disclosure in accordance with any of sections 43C to 43H of the 1996 Act. (‘Qualifying disclosure’ has the meaning given in section 43B of the 1996 Act.) Section 43F of the 1996 Act provides that a qualifying disclosure will be protected if it is made to a prescribed person and relates to matters in respect of which that person is prescribed. The 1999 Schedule lists the prescribed persons and the matters in respect of which they are prescribed for the purposes of section 43F.

This Order amends the 1999 Schedule in three ways: to reflect changes made to policing governance arrangements in England and Wales by the Police Reform and Social Responsibility Act 2011; to add health and social care professional regulatory bodies to the list of prescribed persons and amend existing entries for certain health and social care regulators; and to expand the description of matters in respect of which the Civil Aviation Authority is prescribed.

An Impact Assessment has not been produced for this instrument as there will be no quantifiable impact on business, charities or voluntary bodies.