Protection for Whistleblowing Bill [HL]

Part 1 Protected disclosures, whistleblower and relevant persons

1 Protected disclosures

(1)

In this Act, a “protected disclosure” means any disclosure of information
which is made in the public interest to persons specified in subsection (3)
, which relates to one or more of the matters in subsection (2) and which relates
to a circumstance which--

(a)

has occurred,

(b)

is occurring, or

(c)

may occur.

(2)

Those matters are—

(a)

a criminal offence or regulatory breach;

(b)

the failure of any person including a relevant person to comply with
a legal obligation;

(c)

a miscarriage of justice;

(d)

the endangering of the health or safety of any person;

(e)

damage to the environment;

(f)

mismanagement of public funds;

(g)

misuse or abuse of authority;

(h)

such other matter as may be prescribed in regulations made by the
Secretary of State;

(i)

concealment of information or removal or deletion or destruction of
any documents relating to any of the above matters.

(3)

Those persons are—

(a)

the Office of the Whistleblower;

(b)

a relevant person;

(c)

a person who, in the reasonable belief of the person making the
disclosure is a relevant person;

(d)

a person to whom it is reasonable for the person making the disclosure
to make that disclosure.

2 Whistleblowers

In this Act, a person is a “whistleblower” if that person has made, makes or
is intending to make a protected disclosure or is perceived by a relevant
person to have made, be making or intend to make a protected disclosure.

3 Duties of relevant person

(1)

In this Act, a “relevant person” means—

(a)

an employer;

(b)

a body acting on behalf of a group of employers;

(c)

a regulator;

(d)

a public authority;

(e)

any organisation with a statutory obligation to safeguard; or

(f)

such person as may be prescribed by regulations made by the Secretary
of State for the purposes of this section .

(2)

A relevant person must not subject, or cause or permit others to subject, a
person to detriment as a consequence of that person—

(a)

being or being perceived to be a whistleblower;

(b)

being or being perceived to be a person associated with a
whistleblower or with a person perceived as a whistleblower;

(c)

making an allegation (whether or not express) that a person has
contravened this Act;

(d)

bringing proceedings or giving evidence or information in connection
with this Act;

(e)

doing any other thing for the purposes of or in connection with this
Act; or

(f)

facilitating the making by another of a protected disclosure.

(3)

For the purposes of section 3 (1) (a) , a protected disclosure is made to a relevant
person if it is made by a whistleblower to any person who, in the reasonable
belief of the whistleblower, is a person who is in a position—

(a)

to address the matters raised in it; or

(b)

to refer it to a person who is in a position to address the matters raised
in it.

(4)

A detriment is that which causes disadvantage, loss or harm to a person.

(5)

A relevant person must respond timeously and in a co-operative manner to
any request made of that person by the Office of the Whistleblower.

(6)

A relevant person to whom a protected disclosure has been made must deal
with that disclosure in accordance with such standards as may be laid down
from time to time by the Office of the Whistleblower.

Part 2 Office of the Whistleblower

4 Principal duty and objectives

(1)

The Secretary of State must by regulations made by statutory instrument
within one year after the passing of this Act establish a body corporate called
the Office of the Whistleblower (in this Act referred to as “the Office”).

(2)

The principal duty of the Office is to protect whistleblowers and have
oversight of the process of whistleblowing.

(3)

The Office must carry out all its work in accordance with the principal duty.

(4)

The objectives of the Office are—

(a)

to encourage and support whistleblowers to refer concerns to the
appropriate authorities;

(b)

to support an effective and fair whistleblowing process;

(c)

to protect the public purse and ensure that wrongdoers bear the cost
of wrongdoing revealed by whistleblowing;

(d)

to promote good governance through the normalisation of
whistleblowing:

(e)

to ensure that concerns raised by whistleblowers are acted upon;

(f)

to monitor and review the operation of this Act.

(5)

The Office must seek to achieve those objectives consistently with its principal
duty.

(6)

The functions of the Office are to—

(a)

set minimum standards for whistleblowing policies, procedures and
reporting structures;

(b)

monitor the compliance of organisations with those standards;

(c)

enforce compliance with those standards;

(d)

bring prosecutions for the offences specified in Part 3 ;

(e)

provide an independent disclosure and reporting service;

(f)

provide information and advice on whistleblowing;

(g)

provide support for whistleblowers;

(h)

share information with relevant regulatory and other bodies in the
United Kingdom and abroad so far as it may judge this necessary or
desirable to enable it to achieve its objectives or perform its other
functions;

(i)

promote public awareness of the importance of whistleblowing and
the protections provided to whistleblowers.

5 Governance

(1)

The Office is to be led by a person to be appointed by the Secretary of State
who is to be known as the “Whistleblowing Officer” (“the Officer”).

(2)

The work of the Office and of the Officer are to be overseen by a board of
directors to be appointed from time to time by the Secretary of State.

(3)

The Office must report regularly on the exercise of its duties, objectives and
functions.

(4)

Reports under subsection (3) must be made to—

(a)

Senedd Cymru in relation to matters within its legislative competence;

(b)

the Scottish Parliament in relation to matters within its legislative
competence;

each House of Parliament in relation to all other matters, including the overall
approach of the Office.

(5)

The Secretary of State may by regulations make further provision for the
functions and governance of the Office.

6 Standards for handling protected disclosures

(1)

The Office must set minimum standards for relevant persons in carrying out
their duties under section 3 .

(2)

Standards for handling protected disclosures must include requirements for—

(a)

preserving the confidentiality and anonymity of the whistleblower;

(b)

screening, assessment and investigation methods;

(c)

referrals to other relevant regulatory or other bodies, both in the United
Kingdom and elsewhere;

(d)

information to be provided to the whistleblower;

(e)

information to be reported to the Office; and

(f)

any other matters that seem appropriate to the Office.

(3)

The Office may make such provision as may appear appropriate to it for the
accreditation of whistleblowing schemes operated by relevant persons as
meeting the standards referred to under this section (“accredited schemes”).

7 Independent investigation, disclosure and reporting service

(1)

The Office has such powers in relation to whistleblowing complaints (including
powers to establish schemes for the recognition of whistleblowers, and powers
of investigation in relation to whistleblowing complaints, and in relation to
the handling of complaints by relevant persons) and such other matters falling
within its powers and duties as may be prescribed in regulations made from
time to time by the Secretary of State.

(2)

In particular, such regulations must include—

(a)

provision for the Office to assess disclosures made to it by
whistleblowers, to process such disclosures (other than those it
determines to be frivolous, malicious or vexatious) and to refer such
disclosures to the relevant regulator, as well also as to conduct its own
investigation into a protected disclosure made by a whistleblower if—

(i)

the whistleblower has no access to an accredited scheme;

(ii)

the whistleblower reasonably believes that he or she is being
subjected to detriment, victimised or obstructed in his or her
use of an accredited scheme;

(iii)

there is a risk of the concealment or destruction of evidence
should the whistleblower use an accredited scheme; or

(iv)

there is, in the opinion of the Office, a serious or imminent
risk to the public.

(b)

provision for the Office to assess and where appropriate investigate
a report that a protected disclosure has not been handled in accordance
with the standards specified in section 6 ;

(c)

provision for the exercise by the Office of powers of entry and
inspection.

(3)

The office must not consider a complaint made by a whistleblower under
this section unless it is presented—

(a)

before the end of the period of six months beginning with the date of
the act or failure to act to which the complaint relates or, where that
act or failure is part of a series of similar acts or failures, the last of
them, or

(b)

within such further period as the Office considers reasonable in a case
where it is satisfied that it was not reasonably practicable for the
complaint to be presented before the end of that period of six months.

(4)

For the purposes of subsection (3) —

(a)

where an act extends over a period, the “date of the act” means the
last day of that period, and

(b)

a deliberate failure to act is to be treated as done when it was decided
on;

and, in the absence of evidence establishing the contrary, a relevant person
is to be taken to decide on a failure to act when that person does an act
inconsistent with doing the failed act or, if that person has done no such
inconsistent act, when the period expires within which that person might
reasonably have been expected to do the failed act if it were to be done.

8 Information notices

(1)

The Office may issue a written notice (an “information notice”) requiring any
person—

(a)

to provide such information as the Office reasonably requires for the
purposes of carrying out the Office's functions, or

(b)

to provide the Office with such information as the Office may require
for the purposes of investigating any of the offences specified in Part
3 of this Act.

(2)

An information notice must state—

(a)

whether it is given under subsection (1) (a) or (1) (b) , and

(b)

the reason why the Office requires the information.

(3)

An information notice may—

(a)

specify or describe particular information or a category of information;

(b)

specify the form in which the information must be provided;

(c)

specify the time at which, or the period within which, the information
must be provided;

(d)

specify the place at which or the manner in which the information
must be provided.

(4)

An information notice must specify—

(a)

the consequences of failure to comply with it, and

(b)

rights of appeal under section 13 .

(5)

An information notice may not require a person to provide information before
the end of the period within which an appeal can be brought against the
notice.

(6)

If an appeal is brought against an information notice, the information need
not be provided pending the determination or withdrawal of the appeal.

(7)

If an information notice—

(a)

states that, in the Office’s opinion, the information is required urgently,
and

(b)

gives the Office’s reasons for that opinion (“an urgency statement”),

subsections (5) and (6) do not apply but the notice must not require the
information to be provided before the end of the period of 24 hours beginning
when the notice is given.

(8)

The Office may withdraw an information notice by written notice to the
person to whom it was given.

(9)

An information notice must not require a person to give the Office information
to the extent that requiring the person to do so would involve an infringement
of the privileges of either House of Parliament.

(10)

An information notice must not require a person to give the Office information
in respect of a communication which is made subject to legal professional
privilege.

(11)

Save as provided in subsection (12) , an information notice must not require
a person to provide the Office with information if doing so would, by
revealing evidence of an offence, expose the person to criminal proceedings
in respect of that offence.

(12)

The reference to an offence in subsection (11) does not include an offence
under—

(a)

this Act;

(b)

section 5 of the Perjury Act 1911 (false statements made otherwise
than on oath);

(c)

section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995
(false statements made otherwise than on oath);

(d)

Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714
(N.I. 19)) (false statutory declarations and other false unsworn
statements).

(13)

An oral or written statement provided by a person in response to an
information notice may not be used in evidence against that person in criminal
proceedings in respect of an offence under this Act (other than an offence
under section 21 ) unless in those proceedings—

(a)

in giving evidence the person makes a statement inconsistent with the
written statement, or

(b)

evidence relating to the written statement is adduced, or a question
relating to it is asked, by that person or on that person’s behalf.

(14)

If, on an application by the Office to the Tribunal, the Tribunal is satisfied
that a person has failed to comply with a requirement of an information
notice, it may make an order requiring the person to provide to the Office—

(a)

information referred to in the information notice;

(b)

other information which the Tribunal is satisfied that the Office
requires, having regard to the statement included in the notice in
accordance with section 8 (2) (b) .

(15)

An order pursuant to section 8 (14) —

(a)

must specify the time by which, or the period within which, the
information is required to be provided,

(b)

may specify the form in which the information is required to be
provided, and

(c)

may specify the place at which the information is required to be
provided.

(16)

In the event of a person failing to comply with an order pursuant to section
8 (14) , the Office may draw an adverse inference from such failure.

(17)

Any person who fails to take all reasonable steps to comply with the
requirements of an information notice is subject to a civil penalty under section
21 .

9 Action notices

(1)

If the Office is of the opinion that a person—

(a)

is contravening one or more standards specified in section 6 , or

(b)

has contravened one or more of those standards in circumstances
which make it likely that the contravention will continue or be
repeated,

it may issue a written notice (an “action notice”) which requires the person
to take, or refrain from taking, such steps as are specified in the notice.

(2)

An action notice given in reliance on subsection (1) may impose only such
requirements as the Office may consider appropriate having regard to the
failure, whether or not for the purpose of remedying the failure.

(3)

An action notice must provide information concerning—

(a)

the consequences of failure to comply with it, and

(b)

the rights of appeal under section 13 .

(4)

An action notice may specify the time or times at which or period or periods
within which a requirement imposed by the notice must be complied with.

(5)

The period in subsection (4) must not fall before the end of the period within
which an appeal can be brought against the notice.

(6)

If an appeal is brought against an action notice, any requirement in the notice
need not be complied with pending determination or withdrawal of the
appeal.

(7)

If an action notice—

(a)

states that in the Office’s opinion it is necessary for a requirement to
be complied with urgently; and

(b)

states reasons for that opinion (“an urgency statement”);

subsection (5) does not apply but the notice must not itself require the
requirement to be complied with before the end of the period of 24 hours
beginning when the notice is given.

(8)

Section 19 (civil penalties) applies to any person who fails to take all
reasonable steps to comply with an action notice.

(9)

The Office may cancel an action notice by written notice to the person to
whom it was given.

(10)

A person to whom an action notice is given may apply in writing to the Office
for the cancellation or variation of the notice.

(11)

An application under subsection (10) may be made at any time, but, if made
after the period within which an appeal can be brought against the notice,
may be brought only on the ground that, by reason of a change of
circumstances, one or more of the provisions of that notice need not be
complied with in order to remedy the failure identified in the notice.

(12)

On consideration of an application under subsection (10) , the Office may
cancel or vary an information notice.

(13)

Any person who fails to take all reasonable steps to comply with the
requirements of an action notice shall be subject to a civil penalty under
section 19 .

10 Redress orders

(1)

In the event that the Office is of the opinion that a relevant person has
subjected a person to detriment contrary to section 3 (2) , it may issue an order
(a “redress order”) to the relevant person directing the relevant person to
take, or refrain from taking, such steps as may be specified in the order so
as to provide to the person such redress as the Office may determine.

(2)

A redress order must include an order for financial redress where loss or
damage has been incurred.

(3)

An order under subsection (2) is not subject to any cap.

(4)

For the purposes of determining whether to issue a redress order, the Office
must assume that a person who has been subject to detriment was subject to
that detriment for the reasons in section 3 (2) unless the relevant person can
on the balance of probabilities prove otherwise.

(5)

The Office may issue a redress order whether the detriment was caused—

(a)

deliberately;

(b)

recklessly

(c)

negligently; or

(d)

otherwise in breach of a statutory or other legal duty owed by the
relevant person to the whistleblower.

(6)

The Office may cancel or vary a redress order by giving written notice to the
person to whom the order was addressed.

(7)

Any person who fails to take all reasonable steps to comply with a redress
order is subject to a civil penalty under section 19 .

11 Interim relief orders

(1)

The Office may issue an interim relief order in the event that it considers it
reasonably necessary to do so in order to protect the interests of a
whistleblower pending the completion of investigations concerning a complaint
from that whistleblower or into the content of a protected disclosure.

(2)

Such order must specify such interim relief as the office may consider
appropriate.

(3)

Any person who fails to take all reasonable steps to comply with an interim
relief order is subject to a civil penalty under section 19 .

12 Publication of guidance

(1)

The Office must publish from time to time guidance concerning the manner
in which the Office exercises or proposes to exercise its functions and powers
in connection with the issuing of—

(a)

information notices;

(b)

action notices;

(c)

redress orders;

(d)

interim relief orders; and

(e)

civil penalties.

Part 3 First tier tribunal

13 Appeals: general

(1)

In this Act, “the Tribunal” means the First-tier Tribunal.

(2)

An appeal may be brought to the Tribunal against any decision, direction
order, notice, penalty or other determination of the Office.

(3)

Such an appeal may be brought by—

(a)

any person to whom the Office may have issued—

(i)

an information notice;

(ii)

an action notice;

(iii)

a redress order;

(iv)

an interim relief order;

(v)

a civil penalty;

(vi)

a finding under section 7 (2) (a) that a complaint is frivolous,
malicious or vexatious.

(b)

a whistleblower or any other person specified in section 3 (2) in whose
favour the Office has granted or decided not to grant—

(i)

a redress order;

(ii)

an interim relief order; or

(iii)

any other determination;

(c)

any other person whom the Secretary of State may by regulations
prescribe.

(4)

Such an appeal may be on a matter of law, a matter of fact or a matter of
fact and law, and to that end, the Tribunal may review any determination of
fact on which the decision, direction, order, notice, penalty or other
determination of the Office being appealed was based.

(5)

In determining such an appeal, the Tribunal may uphold, recall or vary such
order, notice or penalty as may have been made by the Office or may in any
case substitute such order as it considers appropriate, and may do so also in
the event of a change of circumstances since the original order or notice may
have been made.

(6)

In determining such an appeal the Tribunal—

(a)

must consider afresh the decision, direction or order appealed against,
and

(b)

may take into account evidence which was not available to the Office.

(7)

The Tribunal may—

(a)

dismiss the appeal, or

(b)

if it allows the appeal—

(i)

remit the matter to the Office—

(A)

generally, or

(B)

for determination in accordance with a finding made
or direction given by the Tribunal, or

(ii)

exercise any power which the Office could exercise.

14 Appeals: orders under s.8(1)

(1)

Section 13 (5) and (6) (a) do not apply in relation to an appeal against an order
made under section 8 (1) (information notices).

(2)

On such an appeal the Tribunal must consider whether the information or
document in question is relevant to the discharge of the functions of the
Office.

(3)

The Tribunal may allow such an appeal only if it is satisfied that the
information or document in question does not fall within subsection (2) .

15 Appeals: urgency statements

(1)

Where an information notice or action notice contains an urgency statement,
the person upon whom the notice was served may apply to the Tribunal for
either or both of the following—

(a)

the disapplication of the urgency statement in relation to some or all
of the requirements of the notice;

(b)

a change to the time at which, or the period within which, a
requirement of the notice must be complied with.

(2)

On determining an application under subsection (1) , the Tribunal may do
any of the following—

(a)

direct that the notice is to have effect as if it did not contain the
urgency statement;

(b)

direct that the inclusion of the urgency statement is not to have effect
in relation to a requirement of the notice;

(c)

vary the notice by changing the time at which, or the period within
which, a requirement of the notice must be complied with;

(d)

vary the notice by making such other changes as may be required to
give effect to a direction under subsection (a) or (b) or in consequence
of a variation under subsection (c).

(3)

The decision of the Tribunal on an application under subsection (1) is final
and not subject to appeal to the Upper Tribunal.

16 Conduct of hearings

A person may appear before the Tribunal in person or be represented by—

(a)

counsel or a solicitor,

(b)

a representative of a trade union or an employers’ association, or

(c)

any other person whom he or she desires to represent him or her.

17 First-tier Tribunal procedure regulations

(1)

The Secretary of State must by regulations make such provision as appears
to him or her to be necessary or expedient with respect to proceedings before
the Tribunal.

(2)

Tribunal procedure regulations must, in particular, include provision—

(a)

for requiring persons to attend to give evidence and produce
documents and for authorising the administration of oaths to witnesses,

(b)

for enabling the Tribunal, on the application of any party to the
proceedings before it or of its own motion, to order—

(i)

in England and Wales, such discovery or inspection of
documents, or the furnishing of such further particulars, as
might be ordered by the county court on application by a party
to proceedings before it, or

(ii)

in Scotland, such recovery or inspection of documents as might
be ordered by a sheriff,

(c)

for prescribing the procedure to be followed in any proceedings before
the Tribunal, including provision for enabling the Tribunal to review
its decisions, and revoke or vary its orders and awards, in such
circumstances as may be determined in accordance with the
regulations,

(d)

for prescribing the procedure to be followed in proceedings involving
questions of national security,

(e)

for prescribing a time limit of not less than 12 weeks for appeals and
applications to the Tribunal,

(f)

for providing extensions of time in which to appeal or submit
applications to the Tribunal in circumstances in which it is just and
equitable to do so,

(g)

for providing for circumstances in which the Tribunal must refer a
matter to the appropriate prosecuting authority,

(h)

for providing for an uplift in any damages awarded in the event that
there has occurred such conduct as is referred to in section 1 (2) (g) .

18 Appeal to Upper Tribunal

Save as provided for in section 15(3), an appeal lies to the Upper Tribunal
on any question of law arising from any decision of, or arising in any
proceedings under this Act before, the Tribunal.

Part 4 Civil penalties

19 Civil penalties

(1)

Where the Office is satisfied that by reason of any person's failure to comply
with that person's obligations under sections 8, 9, 10 or 11, the Office may
by notice in writing require that person to pay, within a prescribed period,
a penalty in respect of that failure not exceeding the maximum amount.

(2)

In this section “the maximum amount” means—

(a)

in the case of an individual, 10% of that individual's gross annual
income, not to exceed £50,000;

(b)

in any other case, 10% of annual global turnover, not to exceed
£18,000,000; or

such higher maximum amounts as the Secretary of State may from time to
time prescribe by regulations.

(3)

In the event of a penalty being imposed under this section, the amount of
that penalty is payable directly to the Office.

(4)

In the event of such penalty not being paid, the Office is entitled to seek to
recover it by such means of civil enforcement or diligence as may be available
to it in England and Wales, Scotland or Northern Ireland as may be
appropriate.

Part 5 Criminal offences

20 Offence of subjecting a whistleblower to detriment

(1)

A person who intentionally or recklessly submits a person to detriment
contrary to section 3 (2) is guilty of an offence.

(2)

A person guilty of an offence under subsection (1) is liable—

(a)

on summary conviction in England and Wales, to a fine;

(b)

on summary conviction in Scotland, to a fine not exceeding the
statutory maximum;

(c)

on conviction on indictment, to imprisonment for a term not exceeding
18 months or a fine, or both.

21 Other offences

(1)

It is an offence for a person, in response to an information notice—

(a)

to make a statement which that person knows to be false in any
material respect; or

(b)

recklessly to make a statement which is false in any material respect.

(2)

Where a person has been served with an information notice, it is an offence
for the person—

(a)

to destroy or otherwise dispose of, conceal, block or (where relevant)
falsify or otherwise modify all or any part of the information,
document, equipment or material, or

(b)

to cause or permit the destruction, disposal, concealment, blocking,
falsification or modification of all or part of, the information, document,
equipment or material, with the intention of preventing the Office
from being provided with or directed to, or examining all or any part
of the information, document, equipment or material.

(3)

It is a defence for a person charged with an offence under subsection (2) to
prove that the destruction, disposal, concealment, blocking, falsification or
modification would have occurred in the absence of the person to whom the
notice was given.

Part 6 Supplementary provisions

22 Prohibition of agreements containing confidentiality and equivalent clauses

(1)

Any agreement between a relevant person and any other person is void in
so far as it purports to prevent or restrict that other person from making a
protected disclosure.

(2)

Agreements void under this section include—

(a)

agreements containing confidentiality and equivalent clauses;

(b)

other contractual duties of confidentiality; insofar as they relate to
protected disclosures.

(3)

If the Office reasonably determines that any such agreement as is specified
in subsections (1) and (2) (including any proposed agreement) has the effect
of preventing or restricting a person from making a protected disclosure, the
Office may issue an order declaring its invalidity and take such further or
other steps in that regard as it may consider appropriate.

23 Protection of whistleblowers against criminal or civil action

(2)

In the event that any person is prosecuted for any offence consisting of the
disclosure of information in circumstances where such disclosure is prohibited
or restricted, it is a defence for that person to show that, at the time of the
alleged offence, the disclosure was, or was reasonably believed by that person
to be, a protected disclosure.

(3)

No cause of action in civil proceedings lies against a person in respect of the
making of a protected disclosure.

Part 7 Remaining provisions

24 Standards: procedure

(1)

In proposing standards under section 6, the Office must consult with—

(a)

ACAS, the British Standards Institute, and the Secretary of State, and,
additionally,

(b)

with the Welsh Ministers regarding any proposed standard relating
to a matter within the legislative competence of Senedd Cymru; and

(c)

the Scottish Ministers regarding any proposed standard relating to a
matter within the legislative competence of the Scottish Parliament.

(2)

Thereafter, the Office must communicate the proposed standard to the
Secretary of State, Senedd Cymru and the Scottish Ministers as may be
appropriate.

(3)

The Secretary of State must, on receipt of the proposed standard under
subsection (2), lay a draft of a statutory instrument containing that standard
before both Houses of Parliament.

(4)

That standard may not be made unless the draft statutory instrument laid
under subsection (3) has been approved by resolution of each House of
Parliament.

(5)

The Welsh Ministers must, on receipt of the proposed standard under
subsection (2), lay a draft of a statutory instrument containing that standard
before Senedd Cymru.

(6)

That standard may not be made unless the draft statutory instrument laid
under subsection (5) has been approved by a resolution of the Senedd Cymru.

(7)

The Scottish Ministers must, on receipt of the proposed standard under
subsection (2), lay a draft of a Scottish statutory instrument containing that
standard before the Scottish Parliament.

(8)

A standard under subsection (6) is subject to the affirmative procedure.

25 Regulations

(1)

A power to make regulations under sections 5, 7, 13, 17 and 19 is exercisable
by statutory instrument.

(2)

Regulations made under those sections—

(a)

may make supplementary, incidental, transitional or saving provision;

(b)

may make different provision for different purposes or areas or for
issues involving matters of national security; and

(c)

may not be made unless a draft of the statutory instrument containing
them has been laid before, and approved by, each House of Parliament.

(3)

Before laying any such draft statutory instrument the Secretary of State must
consult—

(a)

the Welsh Ministers; and

(b)

the Scottish Ministers.

26 Repeals

The Public Interest Disclosure Act 1998 is repealed, and the amendments
made by it to the Employment Rights Act 1996 and to the Trade Union and
Labour Relations (Consolidation) Act 1992 cease to have effect.

27 Financial provisions

(1)

There is to be paid out of money provided by Parliament—

(a)

any expenditure incurred under or by virtue of this Act by the
Secretary of State; and

(b)

any increase attributable to this Act in the sums payable under any
other Act out of money so provided.

28 Extent, commencement and short title

(1)

This Act extends to England and Wales and Scotland.

(2)

This section comes into force on the day on which this Act is passed.

(3)

The rest of this Act comes into force on such day or days as the Secretary of
State may by regulations made by statutory instrument appoint.

(4)

Regulations under subsection (3) may make transitional, transitory or saving
provision.

(5)

This Act may be cited as the Protection for Whistleblowing Act 2022.