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Police Reform Act 2002

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[F129IDuty to keep whistle-blowers informedU.K.

This section has no associated Explanatory Notes

(1)Where the [F2Director General] carries out an investigation under section 29D(1), [F3the Director General] must keep the whistle-blower properly informed about the progress of the investigation and its outcome.

(2)The Secretary of State may by regulations provide for exceptions to the duty under subsection (1).

(3)The power conferred by subsection (2) may be exercised only to the extent that the Secretary of State considers necessary for any of the permitted non-disclosure purposes.

(4)“The permitted non-disclosure purposes” are—

(a)preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any actual or prospective criminal proceedings;

(b)preventing the disclosure of information in any circumstances in which it has been determined in accordance with the regulations that its non-disclosure—

(i)is in the interests of national security,

(ii)is for the purposes of the prevention or detection of crime or the apprehension or prosecution of offenders,

(iii)is for the purposes of the investigation of an allegation of misconduct against the whistle-blower or the taking of disciplinary proceedings or other appropriate action in relation to such an allegation,

(iv)is for the purposes of an investigation under Part 2 that relates to the whistle-blower,

(v)is required on proportionality grounds, or

(vi)is otherwise necessary in the public interest.

(5)The non-disclosure of information is required on proportionality grounds if its disclosure would cause, directly or indirectly, an adverse effect which would be disproportionate to the benefits arising from its disclosure.]

Textual Amendments

F1Pt. 2B inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 28(1), 183(1)(5)(e)

F2Words in s. 29I(1) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 47(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F3Words in s. 29I(1) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 47(b); S.I. 2017/1249, reg. 2 (with reg. 3)

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