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

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

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

Made under: Employment Rights Act 1996 (Section 43F, Section 236)

PDFs: Printed copy https://openlegislation.uk/public-interest-disclosure-prescribed-persons-amendment-order-2013/pdf/uksi_20132213_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/public-interest-disclosure-prescribed-persons-amendment-order-2013/pdf/uksiem_20132213_en.pdf

## Introductory text

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 1996, makes the following Order:

## 1 Citation 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.

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

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

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

In the entry relating to the Audit Commission for England and Wales 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 2011)”.

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

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

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

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

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

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

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

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

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

In the entry relating to Healthcare Improvement Scotland, 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 Column
Second Column
Persons and descriptions of people
Description of matters
General Chiropractic Council.
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 Dental Council.
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 Council.
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 Council.
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 Council.
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 Council.
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 Council.
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 Council.
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 Column
Second Column
Persons and descriptions of people
Description of matters
Police and Crime Panels.
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 1988 or section 4 or 5 of the Local Government and Housing Act 1989 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—
(a) the chief constable for the elected local policing body’s area; or
(b) where the elected local policing body is the Mayor’s Office for Policing and Crime, 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.

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Source: https://www.legislation.gov.uk/uksi/2013/2213 (the official version)
Page: https://openlegislation.uk/public-interest-disclosure-prescribed-persons-amendment-order-2013
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

