SCHEDULES

F2F1SCHEDULE 3AWhistle-blowing investigations: procedure

Annotations:
Amendments (Textual)
F2

Words in Sch. 3A 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. 58(2); S.I. 2017/1249, reg. 2 (with reg. 3)

F1

Sch. 3A inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 6

Conclusion of investigation

6

1

When an investigation under section 29D(1) is concluded, the person in charge of the investigation must submit a report on it to the F2Director General.

F31A

Sub-paragraph (1) does not apply where the person in charge of the investigation is the Director General acting personally, but the Director General must complete a report on the investigation.

2

The F2Director General

a

must send a copy of F4a report submitted under sub-paragraph (1) or completed under sub-paragraph (1A) to the whistle-blower, and

b

may, with the consent of the whistle-blower, send a copy of the report to the appropriate authority.

3

The Secretary of State may by regulations make provision for circumstances in which the duty under sub-paragraph (2)(a) does not apply.

4

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

5

The Secretary of State may also by regulations make provision for circumstances in which (despite sub-paragraph (2)(b)) a copy of the report may be sent to the appropriate authority without the consent of the whistle-blower.

6

The power conferred by sub-paragraph (5) may be exercised only to the extent that the Secretary of State considers necessary for any of the permitted disclosure purposes.

7

Where the F2Director General would contravene section 21A by sending a copy of a report in its entirety to the whistle-blower or to the appropriate authority, the F2Director General may comply with its duty under sub-paragraph (2)(a) or (as the case may be) may exercise its power under sub-paragraph (2)(b) (or under regulations under sub-paragraph (5)) by sending instead a copy of the report after having removed or obscured the information which it is prohibited from disclosing by section 21A.

8

In this paragraph—

a

the permitted non-disclosure purposes” has the same meaning as in section 29I;

b

the permitted disclosure purposes” has the same meaning as in section 29J.