The Public Interest Disclosure (Prescribed Persons) Order 2014
S.I. 2014/2418 · Made 8 September 2014 · Extends to England, Wales and Scotland
Terms And Conditions Of Employment
Made 8th September 2014
Laid before Parliament 10th September 2014
Coming into force 1st October 2014
The Secretary of State makes the following Order in exercise of the powers conferred by sections 43F and 236(5) 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
- 1Citation and commencement
- 2Revocation and Transitional Provision
- 3Prescribed Persons
- Signature
- Schedule Schedule
- Explanatory note
1Citation and commencementI1
This Order may be cited as the Public Interest Disclosure (Prescribed Persons) Order 2014 and comes into force on 1st October 2014.
This Order applies to a disclosure made on or after 1st October 2014.
2Revocation and Transitional ProvisionI1
The Public Interest Disclosure (Prescribed Persons) Order 1999f1 is revoked except as provided for in paragraph (2).
The Public Interest Disclosure (Prescribed Persons) Order 1999 continues to apply in relation to a disclosure made before 1st October 2014.
3Prescribed PersonsI1
The persons and descriptions of persons specified in the first column of the Schedule are prescribed for the purposes of section 43F of the Employment Rights Act 1996.
Each of the descriptions of matters in the second column of the Schedule is prescribed for the purposes of section 43F of the Employment Rights Act 1996 in relation to the entry specified in the first column opposite that description of matters.
Signature
Matthew Hancock
Minister of State for Business and Enterprise and Energy
Department for Business, Innovation and Skills
8th September 2014
I1
| First Column | Second Column |
|---|---|
| Persons and descriptions of people | Description of matters |
| Accounts Commission for Scotlandf1 and auditors appointed by the Commission to audit the accounts of local government bodies. | The proper conduct of public business; value for money, fraud and corruption in local government bodies. |
| F1. . . | . . . |
| F2. . . | . . . |
| F3Audit Scotland. | The proper conduct of public business; value for money, fraud and corruption in public bodies. |
| Auditor General for Walesf2. | The proper conduct of public business; value for money, fraud and corruption in relation to the provision of public services. |
| Auditor General for Scotlandf3 and persons appointed by or on his behalf under the Public Finance and Accountability (Scotland) Act 2000 to act as auditors or examiners for the purposes of sections 21 to 24 of that Act. | The proper conduct of public business; value for money, fraud and corruption in relation to the provision of public services. |
F4Auditors appointed to audit the accounts of bodies listed in Schedule 2 to the Local Audit and Accountability Act 2014 | The proper conduct of public business; value for money, fraud and corruption in public bodies. |
| Auditors appointed by NHS foundation trustsf4 to audit the accounts of those trustsf5. | The proper conduct of public business; value for money, fraud and corruption in public bodies. |
| The Bank of Englandf6. | F5Matters relating to—
|
| F10Building Safety Regulator | Matters relating to— (a) building safety and building standards; and (b) any activities not covered by (a) in relation to which the Building Safety Regulator has functions, including those under the Building Act 1984 and the Building Safety Act 2022. |
| . . . | . . . |
| F11. . . | . . . |
| Care Quality Commissionf7. | Matters relating to—
|
| Certification Officerf8. | Fraud, and other irregularities, relating to the financial affairs of trade unions and employers’ associations. |
| Charity Commission for England and Walesf9. | The proper administration of charities and of funds given or held for charitable purposes. |
| Chief Executive of the Criminal Cases Review Commissionf10. | Actual or potential miscarriages of justice. |
| Chief Executive of the Scottish Criminal Cases Review Commissionf11. | Actual or potential miscarriages of justice. |
| F13The Chief Inspector of Drinking Water or inspectors appointed under section 86(1) of the Water Industry Act 1991. | Matters relating to—
|
| Children’s Commissionerf12. | Matters relating to the rights, welfare and interests of children. |
| Children’s Commissioner for Walesf13. | Matters relating to the rights, welfare and interests of children. |
| Civil Aviation Authorityf14. | Compliance with the requirements of civil aviation legislation, including aviation safety and aviation security. |
| F14Commission for Equality and Human Rights. | Compliance with the requirements of legislation relating to equality and human rights. |
| Commissioner for Children and Young People in Scotlandf15. | Matters relating to promoting and safeguarding the rights of children and young people. |
| F15Commissioner for Ethical Standards in Public Life in Scotland | Breaches by a councillor or a member of a devolved public body (as defined in section 28 of the Ethical Standards in Public Life etc (Scotland) Act 2000f16) of the code of conduct applicable to that councillor or member under that Act. |
| Commissioners for Her Majesty’s Revenue and Customsf17. | Matters relating to the functions of the Commissioners for Her Majesty’s Revenue and Customs as set out in the Commissioners for Revenue and Customs Act 2005, including—
|
| F16Commissioners nominated under section 15(6) of the Local Government Act 1999 | Matters relating to the exercise of specified functions of a best value authority as directed by the Secretary of State. |
| Competition and Markets Authorityf18. | Matters concerning the sale of goods or the supply of services, which adversely affect the interests of consumers. |
| Competition affecting markets in the United Kingdom F17, including matters relating to Part 1 of the Digital Markets, Competition and Consumers Act 2024 (digital markets). | |
| Comptroller and Auditor Generalf19. | The proper conduct of public business; value for money, fraud and corruption in relation to the provision of public services. |
| F18Creative Industries Independent Standards Authority | Matters relating to compliance with the Creative Industries Independent Standards Authority’s Standards (including in relation to harassment, discrimination, victimisation and risks to health or safety), by individuals or organisations in the film, television, music and theatre industries. |
| Director of the Serious Fraud Officef20. | Matters relating to—
|
| Elected local policing bodies. | Matters relating to any report made in accordance with section 114 of the Local Government Finance Act 1988f22 in relation to—
|
| Environment Agencyf23. | F19Acts or omissions which have an actual or potential effect on the natural environment, including those relating to— (a) pollution control, regulating industry and waste, radioactive substances and treatment of contaminated land; (b) water quality and resources, including abstraction of water and flooding from rivers, reservoirs, estuaries and the sea; (c) conservation and ecology, including the regulation of freshwater fisheries and migratory salmon or trout; and (d) inland river, estuary and harbour navigations relating to the following locations—
|
| F20Environmental Standards Scotland. | Matters relating to the functions of Environmental Standards Scotland, as set out in the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021. |
| F21. . . | . . . |
| Financial Conduct Authorityf24. | Matters relating to—
|
| The Financial Reporting Council Limited and its F35Conduct Committee f35. | Matters relating to—
|
| Food Standards Agencyf38. | Matters which may affect the health of any member of the public in relation to the consumption of food and matters which concern the protection of the interests of consumers in relation to food F43in England, Wales or Northern Ireland. |
| Food Standards Scotland | Matters which affect the health of any member of the public in Scotland in relation to the consumption of food and matters which concern the protection of consumers in relation to food. |
| Gas and Electricity Markets Authorityf39. | Matters relating to—
|
| General Chiropractic Councilf43. | Matters relating to—
|
| General Dental Councilf44. | Matters relating to—
|
| General Medical Councilf45. | Matters relating to—
|
| General Optical Councilf46. | Matters relating to—
|
| General Osteopathic Councilf47. | Matters relating to—
|
| F46General Pharmaceutical Council. | Matters relating to—
|
| Health and Care Professions Councilf48. | Matters relating to—
|
| F47. . . | . . . |
| Health and Safety Executivef49. | F48Matters relating to— (a) those industries and work activities for which the Health and Safety Executive is the enforcing authority under the Health and Safety (Enforcing Authority) Regulations 1998 and which are about the health and safety of individuals at work, or the health and safety of the public arising out of or in connection with the activities of persons at work; and (b) functions under the Network and Information Systems Regulations 2018 performed by the Health and Safety Executive on behalf of the F49Secretary of State for Energy Security and Net Zero pursuant to the agreement dated 23 May 2018 made under section 13(4) of the Health and Safety at Work etc. Act 1974. |
| Healthcare Improvement Scotlandf50. | Matters relating to—
|
| Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (“the Chief Inspector”)f51. | Matters relating to—
|
| F50. . . | . . . |
| F51The Director General of the Independent Office for Police Conduct | Matters relating to the conduct of a person serving with the police (as defined in section 12(7) of the Police Reform Act 2002)f56 or of any other person in relation to whose conduct the F52Director General of the Independent Office for Police Conduct exercises functions in or under any legislation. |
| F53Independent Football Regulator | Matters relating to the functions of the Independent Football Regulator under the Football Governance Act 2025. |
| F54Information Commission. | Compliance with the requirements of legislation relating to data protection and to freedom of information. |
| F55. . . | . . . |
| F56The Law Society, including any duly constituted committee of the Law Society and any body or person exercising delegated powers of the Law Society, including the Solicitors Regulation Authority. | Matters relating to the regulation of the following persons and bodies by the Law Society— (a) authorised persons within the meaning of section 18 of the Legal Services Act 2007; (b) regulated persons within the meaning of section 21(3) of the Legal Services Act 2007; (c) licensed bodies within the meaning of section 71(2) of the Legal Services Act 2007; (d) recognised bodies within the meaning of section 9(8) of the Administration of Justice Act 1985; (e) sole solicitors within the meaning of section 87(1) of the Solicitors Act 1974; (f) registered foreign lawyers within the meaning of section 89 of the Courts and Legal Services Act 1990; (g) European lawyers registered with the Law Society under the European Communities (Lawyer’s Practice) Regulations 2000, as they have effect by virtue of regulation 6 of the Services of Lawyers and Lawyer's Practice (Revocation etc.) (EU Exit) Regulations 2020; and (h) Swiss qualified lawyers within the meaning of regulation 3 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 who are registered with the Law Society. |
| Local authorities which are responsible for the enforcement of food standards in accordance with sections 5 and 6 of the Food Safety Act 1990f57. | Compliance with the requirements of food safety legislation. |
| Local authorities which are responsible for the enforcement of health and safety legislationf58. | Matters which may affect the health or safety of any individual at work; matters, which may affect the health and safety of any member of the public, arising out of or in connection with the activities of persons at work. |
| Local weights and measures authorities as defined by section 69 of the Weights and Measures Act 1985f59 which are responsible for the enforcement of consumer protection legislation. | Compliance with the requirements of consumer protection legislation. |
| Lord Advocate, Scotland. | Serious or complex fraud within the meaning of section 27 of the Criminal Law (Consolidation) (Scotland) Act 1995f60. |
| A member of the House of Commons. | Any matter specified in this column. |
| F57A member of the Scottish Parliament. | Any matter specified in this column. |
| F58. . . | . . . |
| National Crime Agencyf61. | F59Matters relating to—
|
| F60. . . | . . . |
| F61 . . . | . . . |
| The National Society for the Prevention of Cruelty to Children (NSPCC)f62 and any of its officers. | Matters relating to child welfare and protection. |
| F62The Natural Resources Body for Wales. | Matters relating to the environment and natural resources as set out in the Natural Resources Body for Wales (Establishment) Order 2012. |
| F63NHS Counter Fraud Authority (being a special health authority established under section 28 of the National Health Service Act 2006) | F64Matters relating to fraud, corruption or other such unlawful activity in relation to the health service in England. |
| F65NHS England | Matters relating to the provision of services pursuant to a contract, agreement or arrangement under Part 4 (which relates to primary medical services), Part 5 (which relates to primary dental services), Part 6 (which relates to primary ophthalmic services) or Part 7 (which relates to pharmaceutical services and local pharmaceutical services) of the National Health Service Act 2006. Matters relating to NHS England’s regulatory functions as defined in section 13SB(2) of the National Health Service Act 2006. Matters relating to NHS England’s functions of oversight and support of NHS Trusts in section 27A of the National Health Service Act 2006. F66Matters relating to NHS England’s education and training functions conferred on NHS England by or under Chapter 1 of Part 3 of the Care Act 2014. F67Matters relating to NHS England’s oversight and support of integrated care boards pursuant to its functions under the National Health Service Act 2006. |
| Nursing and Midwifery Councilf63. | Matters relating to—
|
| F68The Office for Environmental Protection. | Matters relating to the functions of the Office for Environmental Protection, as set out in the Environment Act 2021. |
| Office for Nuclear Regulationf64. | Matters which may affect the health and safety of any individual at work wholly or mainly on premises which are, or are on—
|
| Matters which may affect the health and safety of any member of the public, arising out of or in connection with the activities of persons at work on premises which are, or are on, such sites. | |
| Office of Communicationsf65. | Matters relating to—
|
| Office of Qualifications and Examinations Regulationf66. | Matters in relation to which the Office of Qualifications and Examinations Regulation exercises functions under the Apprenticeships, Skills, Children and Learning Act 2009. |
| F77Office of Rail and Road. | Matters relating to—
|
| Office of the Scottish Charity Regulatorf67. | The proper administration of charities and of funds given or held for charitable purposes. |
| Older People’s Commissioner | Matters relating to the rights and wellbeing of older people in Wales. |
| Payment Systems Regulatorf68. | Payment systems (within the meaning given by section 41 of the Financial Services (Banking Reform) Act 2013) and the services provided by them. |
| Pensions Regulatorf69. | F78Matters relating to occupational pension schemes and ... private pension arrangements including matters relating to the Pensions Regulator’s objective of maximising compliance with the duties under Chapter 1 of Part 1 (and the safeguards in sections 50 and 54) of the Pensions Act 2008f70. |
| Police and Crime Panelsf71. | Matters relating to—
|
| Prudential Regulation Authorityf74. | Matters relating to—
|
| Public Services Ombudsman for Walesf83. | Breaches by a member or co-opted member of a relevant authority (as defined in section 49(6) of the Local Government Act 2000) of that authority’s code of conduct. |
| Qualifications Wales | Matters in respect of which Qualifications Wales exercises functions under the Qualifications Wales Act 2015 |
| F82Regulator of Social Housing. | Matters relating to the regulation of registered providers of social housing in accordance with Part 2 of the Housing and Regeneration Act 2008. |
| F83Revenue Scotland | Devolved taxes (within the meaning of section 80A(4) of the Scotland Act 1998). |
| Scottish Environment Protection Agencyf84. | Acts or omissions which have an actual or potential effect on the environment or the management or regulation of the environment, including those relating to flood warning systems and pollution. F84Scottish landfill tax. |
| Scottish Housing Regulatorf85. | Social landlords’ performance of housing activities; the registration of Registered Social Landlords in accordance with Part 2 of the Housing (Scotland) Act 2010; and the financial well-being and standards of governance of Registered Social Landlords. |
| Scottish Information Commissionerf86. | Compliance with the requirements of legislation relating to freedom of information. |
| F85Scottish Public Services Ombudsman. | Matters relating to any issue which the Scottish Public Services Ombudsman is entitled to investigate under section 6A of the Scottish Public Services Ombudsman Act 2002. |
| Scottish Social Services Councilf87. | F86Matters relating to the registration of social workers, social service workers and others by the Scottish Social Services Council under the Regulation of Care (Scotland) Act 2001 |
| F87Secretary of State for Business and Trade | F88Matters relating to— (a) fraud, and other misconduct, in relation to companies; (b) consumer safety; F89; and (ba) the Secretary of State’s functions in relation to trade sanctions in sanctions regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018. F90(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
| F91Secretary of State for Education. | Matters relating to the following educational institutions in England— |
| (a) a maintained school (as defined in section 20(7) of the School Standards and Framework Act 1998); | |
| (b) a maintained nursery school (as defined in section 22(9) of the School Standards and Framework Act 1998f88); | |
| (c) an independent educational institution (as defined in section 92(1) of the Education and Skills Act 2008f89) entered on a register of independent educational institutions kept under section 95 of the Education and Skills Act 2008; | |
| (d) a school approved under section 342 of the Education Act 1996 (non-maintained special schools); | |
| (e) a pupil referral unit (as defined in section 19(2B) of the Education Act 1996f90); | |
| (f) an alternative provision Academy (as defined in section 1C(3) of the Academies Act 2010); | |
| (g) a 16-19 Academy (as defined in section 1B(3) of the Academies Act 2010); | |
| F92(h) an institution within the further education sector (as defined in section 91(3) of the Further and Higher Education Act 1992; | |
| (i) a special post-16 institution (as defined in section 83(2) of the Children and Families Act 2014). | |
| F93Secretary of State for Energy Security and Net Zero | F94Matters relating to— (a) the functions of the Secretary of State for Energy Security and Net Zero as a designated competent authority under the Network and Information Systems Regulations 2018; and (b) fraud and other misconduct related to energy and net zero schemes and programmes administered, funded or sponsored by the Department for Energy Security and Net Zero. |
| Secretary of State for Health F95and Social Care | Matters relating to—
|
| F97Secretary of State for Science, Innovation and Technology. | Matters relating to fraud and other misconduct related to science and innovation schemes and programmes administered, funded or sponsored by the Department for Science, Innovation and Technology. |
| F98Secretary of State for Transport. | Matters relating to— (a) compliance with the requirements of merchant shipping law, including maritime safety; (b) motoring services with respect to driver and vehicle standards, the testing and certification of vehicles, their systems and components; F99... (c) road, rail and maritime transport security. F100; F101... (d) the Secretary of State’s functions in relation to aircraft and shipping sanctions in sanctions regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018 F102; and (e) delivery and inspection of local government active travel schemes funded by the Department for Transport. |
| F103Security Industry Authority. | Matters relating to the functions of the Security Industry Authority relating to— (a) offences under the Private Security Industry Act 2001; (b) whether an individual or business is fit and proper for the purpose of holding a licence or obtaining approval from the Security Industry Authority; and (c) conduct which may undermine the regulation of security operatives and approved providers of security industry services under the Private Security Industry Act 2001. |
| The Single Source Regulations Office | Matters relating to single source defence procurement, including the application of and compliance with Part 2 of the Defence Reform Act 2014and the Single Source Contract Regulations 2014. |
| F104Social Care and Social Work Improvement Scotland | Matters relating to the provision of care services, as defined in the Public Services Reform (Scotland) Act 2010. |
| F105Social Care Wales | Matters relating to the registration of social care workers under the Regulation and Inspection of Social Care (Wales) Act 2016 |
| F106Social Work England. | Matters relating to—
|
| F107The Treasury | The Treasury’s functions in relation to— |
(a) sanctions regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018; (b) the financial sanctions legislation listed in section 143(4)(a) to (e) of the Policing and Crime Act 2017; and (c) Part 8 of the Policing and Crime Act 2017. | |
| F108. . . | . . . |
| . . . | . . . |
| Water Services Regulation Authorityf91. | The supply of water and the provision of sewerage services. |
| Water Industry Commission for Scotlandf92. | The supply of water and the provision of sewerage services. |
| Welsh Ministers. | Matters relating to the provision of Part II services as defined in section 8 of the Care Standards Act 2000f93 and the Children Act 1989f94. |
| Matters relating to the inspection and performance assessment of Welsh local authority social services as defined in section 148 of the Health and Social Care (Community Heath and Standards) Act 2003f95 | |
| Matters relating to the review of, and investigation into, the provision of health care by and for Welsh NHS bodies as defined under the Health and Social Care (Community Health and Standards) Act 2003. | |
| The regulation of registered social landlords in accordance with Part 1 of the Housing Act 1996f96 (as amended by the Housing (Wales) Measure 2011f97). | |
| F109. . . | |
| F110Matters relating to regulated services as defined in section 2 of the Regulation and Inspection of Social Care (Wales) Act 2016 | |
F111Matters relating to the provision of services regulated under Part 2 of the Care Standards Act 2000 by:
Matters for which the Welsh Ministers have responsibility relating to the use and application of the Mental Health Act 1983. | |
| F112The Welsh Revenue Authority | Matters relating to devolved taxes (within the meaning of section 116A(4) of the Government of Wales Act 2006) |
Explanatory note
(This note is not part of the Order)
This Order prescribes persons for the purposes of section 43F of the Employment Rights Act 1996 (“the 1996 Act”).
The first column of the Schedule specifies the persons and descriptions of persons prescribed, and the second column specifies the descriptions of matters in respect of which each person, or description of persons, is prescribed.
The broad effect of the Order, taken with section 43F, is that a worker potentially protected by the provisions of the 1996 Act will be protected by the 1996 Act if he or she makes a qualifying disclosure to a person prescribed in the Order reasonably believing that the failure disclosed is in the public interest and falls within the matters in respect of which that person is prescribed and that the information disclosed, and any allegation contained in it, are substantially true.
A full impact assessment has not been prepared for this instrument as no impact on the private, voluntary or public sectors is foreseen.