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United Kingdom Statutory Instruments
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URL: http://www.bailii.org/uk/legis/num_reg/2004/20043265.html

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2004 No. 3265

TERMS AND CONDITIONS OF EMPLOYMENT

The Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2004

  Made 7th December 2004 
  Laid before Parliament 10th December 2004 
  Coming into force 1st January 2005 

The Secretary of State, in exercise of the powers conferred upon him by section 43F of the Employment Rights Act 1996[1], hereby makes the following Order:

Citation and commencement
     1. This Order may be cited as the Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2004 and shall come into force on 1st January 2005.

Amendment of the Public Interest Disclosure (Prescribed Persons) Order 1999
     2. In the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999[2] at the appropriate place there shall be inserted the entry set out in the Schedule to this Order.


Hazel Blears
Minister of State

Home Office
7th December 2004



SCHEDULE
Article 2

First Column Second Column
Persons and descriptions of people Descriptions of matters
Independent Police Complaints Commission. Matters relating to the conduct of a person serving with the police (as defined in section 12(7) of the Police Reform Act 2002)[3] or of any other person in relation to whose conduct the Independent Police Complaints Commission exercises functions in or under any legislation.


EXPLANATORY NOTE

(This note is not part of the Order)


This Order amends the Public Interest Disclosure (Prescribed Persons) Order 1999 by adding the Independent Police Complaints Commission to the list of prescribed persons in that Order. It also specifies the descriptions of matters in respect of which the Commission is prescribed.

The effect of this is that under Part IV A of the Employment Rights Act 1996 a worker will be protected from being subjected to any detriment if he makes a qualifying disclosure in good faith to the Commission, reasonably believing that the failure disclosed falls within the matters in respect of which the Commission is prescribed and that the information disclosed, and any allegation in it, are substantially true.

Notes:

 [1] 1996 c.18; section 43F was inserted by section 1 of the Public Interest Disclosure Act 1998 (c. 23).back

[2] S.I. 1999/1549; the Schedule to that Order was substituted by S.I. 2003/1993.back

[3] 2002 c. 30.back


ISBN 0 11 050977 3


  © Crown copyright 2004

Prepared 16 December 2004

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URL: http://www.bailii.org/uk/legis/num_reg/2004/20043265.html