The Public Interest Disclosure (Prescribed Persons) Order 2014

JurisdictionUK Non-devolved
CitationSI 2014/2418
Year2014

2014No. 2418

TERMS AND CONDITIONS OF EMPLOYMENT

The Public Interest Disclosure (Prescribed Persons) Order 2014

8thSeptember2014

10thSeptember2014

1stOctober2014

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 1996( 1).

Citation and commencement

1. (1) This Order may be cited as the Public Interest Disclosure (Prescribed Persons) Order 2014 and comes into force on 1st October 2014.

(2) This Order applies to a disclosure made on or after 1st October 2014.

Revocation and Transitional Provision

2. (1) The Public Interest Disclosure (Prescribed Persons) Order 1999( 2) is revoked except as provided for in paragraph (2).

(2) The Public Interest Disclosure (Prescribed Persons) Order 1999 continues to apply in relation to a disclosure made before 1st October 2014.

Prescribed Persons

3. (1) 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.

(2) 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.

Matthew Hancock

Minister of State for Business and Enterprise and Energy

Department for Business, Innovation and Skills

8th September 2014

SCHEDULE

Article 3(1) and (2)

First Column

Second Column

Persons and descriptions of people

Description of matters

Accounts Commission for Scotland( 3) 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.

The Audit Commission for Local Authorities and the National Health Service in England( 4)

The proper conduct of public business; value for money, fraud and corruption in public bodies.

Audit Scotland( 5).

The proper conduct of public business; value for money, fraud and corruption in public bodies.

Auditor General for Wales( 6).

The proper conduct of public business; value for money, fraud and corruption in relation to the provision of public services.

Auditor General for Scotland( 7) 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.

Auditors appointed by the Audit Commission for Local Authorities and the National Health Service in England to audit the accounts of-

(a) local government bodies as defined by section 53 of that Act (including police and crime commissioners, the Mayor's Office for Policing and Crime and the Common Council of the City of London, and the chief constables for police forces maintained under section 2 of the Police Act 1996, the Commissioner of Police of the Metropolis and the Commissioner of Police for the City of London Police( 8));(b) health service bodies as defined by section 53 of that Act; or(c) any other body whose accounts are subject to audit in accordance with the Audit Commission Act 1998( 9).

The proper conduct of public business; value for money, fraud and corruption in public bodies.

Auditors appointed by

NHS foundation trusts

( 10) to audit the accounts of those trusts

( 11).

The proper conduct of public business; value for money, fraud and corruption in public bodies.

The Bank of England( 12).

The functioning of clearing houses (including central-counterparties); inter-bank payment systems and securities settlement systems; and the treatment, holding and issuing of banknotes by the authorised banks (and their agents) under Part 6 of the Banking Act 2009( 13).

Care Council for Wales( 14).

Matters relating to the registration of social care workers under the Care Standards Act 2000.

Care Inspectorate( 15).

Matters relating to the provision of care services, as defined in the Public Services Reform (Scotland) Act 2010.

Care Quality Commission( 16).

Matters relating to-

(a) the registration and provision of a regulated activity as defined in section 8 of the Health and Social Care Act 2008 and the carrying out of any reviews and investigations under Part 1 of that Act; or(b) any activities not covered by (a) in relation to which the Care Quality Commission exercises its functions.

Certification Officer( 17).

Fraud, and other irregularities, relating to the financial affairs of trade unions and employers' associations.

Charity Commission for England and Wales( 18).

The proper administration of charities and of funds given or held for charitable purposes.

Chief Executive of the Criminal Cases Review Commission( 19).

Actual or potential miscarriages of justice.

Chief Executive of the Scottish Criminal Cases Review Commission( 20).

Actual or potential miscarriages of justice.

Children's Commissioner( 21).

Matters relating to the rights, welfare and interests of children.

Children's Commissioner for Wales( 22).

Matters relating to the rights, welfare and interests of children.

Civil Aviation Authority( 23).

Compliance with the requirements of civil aviation legislation, including aviation safety and aviation security.

Commissioner for Children and Young People in Scotland( 24).

Matters relating to promoting and safeguarding the rights of children and young people.

Commissioners for Her Majesty's Revenue and Customs( 25).

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-

(a) the administration of the UK's taxes, including income tax, inheritance tax, corporation tax, capital gains tax, VAT and the excise duties;(b) the administration of the national insurance and tax credits systems;(c) Customs and border-related functions; and(d) criminal investigations.

Competition and Markets Authority( 26).

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.

Comptroller and Auditor General( 27).

The proper conduct of public business; value for money, fraud and corruption in relation to the provision of public services.

Director of the Serious Fraud Office( 28).

Matters relating to-

(a) serious or complex fraud within the meaning of section 1(3) of the Criminal Justice Act 1987; or(b) civil recovery of the proceeds of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations as set out in Part 5 or 8 of the Proceeds of Crime Act 2002( 29).

Elected local policing bodies.

Matters relating to any report made in accordance with section 114 of the Local Government Finance Act 1988( 30) in relation to-

(a) the chief constable for the elected local policing body's area; or(b) the Commissioner of Police of the Metropolis, where the elected local policing body is the Mayor's Office for Policing and Crime.

Environment Agency( 31).

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 pollution, abstraction of water, flooding, the flow in rivers, inland fisheries and migratory salmon or trout.

Financial Conduct Authority( 32).

Matters relating to-

(a) the carrying on of investment business, of insurance business or of deposit taking business or of any business related to or constituting a regulated activity as defined in section 22 of the Financial Services and Markets Act 2000 and wholesale money market regimes;(b) the conduct of persons authorised for the purposes of section 31 of the Financial Services and Markets Act 2000 including banks, building societies established under the Building Societies Act 1986( 33), consumer credit firms and credit unions within the meaning of the Credit Unions Act 1979( 34) or registered under the Credit Unions (Northern Ireland) Order 1985( 35), or the Industrial and Provident Societies Act (Northern Ireland) 1969( 36), friendly societies within the meaning of the Friendly Societies Act 1974( 37) and the Friendly Societies Act 1992( 38), insurers, the Society of Lloyd's incorporated by the Lloyd's Act 1871( 39) and Lloyd's managing agents;(c) the conduct of persons who are subject to Part 18 of the Financial Services and Markets Act 2000;(d) the conduct of persons who are electronic money issuers for the purposes of the electronic money regulations 2011( 40);(e) the conduct of persons who are payment service providers for the purposes of the payment services regulations 2009( 41);(f) the operation of small UK Alternative Investment Fund Managers registered under regulation 10 of the Alternative Investment Fund Managers Regulations 2013( 42);(g) the operation of societies registered under the Friendly Societies Act 1974 and the Friendly Societies Act 1992, including friendly societies, benevolent societies, working men's clubs, specially authorised societies;(h) the operation of "registered societies" within the meaning of the Co-operative and Community Benefit Societies Act 2014( 43);(i) the conduct of persons subject to rules made under Part 6 of the Financial Services and Markets Act 2000;(j) competition in relation to the provision of financial services and the financial services markets;(k) the functioning of financial markets; and(l) money laundering, financial crime, and other serious financial misconduct, in connection with activities regulated by the Financial Conduct Authority.

The Financial Reporting Council Limited and its conduct committee( 44).

Matters relating to-

(a) the independent oversight of the regulation of the accountancy, auditing and actuarial professions;(b) the independent
...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT