SCHEDULES

F5F1SCHEDULE 3AWhistle-blowing investigations: procedure

Procedure where DSI matter is revealed during investigation

5

(1)

If, during the course of an investigation under section 29D(1), F2the Director General determines that the matter may be a DSI matter, F3the Director General must proceed under sub-paragraph (2).

F4(2)

The Director General must—

(a)

prepare a record of the determination,

(b)

notify the appropriate authority in relation to the DSI matter, and

(c)

send to it a copy of the determination prepared under paragraph (a).

(3)

Where the appropriate authority in relation to the DSI matter is notified under sub-paragraph (2), it must record the matter under paragraph 14A of Schedule 3 to this Act as a DSI matter.

(4)

Where a matter is, in accordance with sub-paragraph (3), recorded under paragraph 14A of Schedule 3 as a DSI matter—

(a)

the person in charge of the investigation under section 29D(1) must (subject to any determination made by the F5Director General under paragraph 15(5B) of Schedule 3) continue the investigation as if appointed or designated to investigate the DSI matter, and

(b)

the other provisions of Schedule 3 apply in relation to that matter accordingly (subject to regulations under sub-paragraph (5)).

(5)

The Secretary of State may by regulations make provision modifying Schedule 3 in relation to an investigation that, in accordance with sub-paragraph (3), is recorded under paragraph 14A of that Schedule as a DSI matter but only for the purpose of making provision for the protection of the anonymity of whistle-blowers.

(6)

In this paragraph, references to the appropriate authority in relation to a DSI matter have the same meaning as in Part 2 (see section 29).