The Public Interest Disclosure (Prescribed Persons) (Amendment) Order (Northern Ireland) 2022

Statutory Rules of Northern Ireland

2022 No. 72

Employment

The Public Interest Disclosure (Prescribed Persons) (Amendment) Order (Northern Ireland) 2022

Made

28th February 2022

Coming into operation

23rd March 2022

The Department for the Economy makes the following Order in exercise of the powers conferred by Article 67F of the Employment Rights (Northern Ireland) Order 1996(1) and now vested in it(2).

Citation and commencement

1.  This Order may be cited as the Public Interest Disclosure (Prescribed Persons) (Amendment) Order (Northern Ireland) 2022 and shall come into operation on 23rd March 2022.

Amendment

2.  For the Schedule to the Public Interest Disclosure (Prescribed Persons) Order (Northern Ireland) 1999(3) substitute the Schedule.

Revocation

3.  The Public Interest Disclosure (Prescribed Persons) (Amendment) Order (Northern Ireland) 2014(4) is revoked.

Sealed with the Official Seal of the Department for the Economy on 28th February 2022.

Colin Jack

A senior officer of the Department for the Economy

Article 2

SCHEDULE

Column (1)	Column (2)
Persons and description of persons	Descriptions of matters
(1) The Certification Officer for Northern Ireland was established by Article 69 of the Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807 (N.I. 5)).
(2) The Charity Commission for Northern Ireland was established by section 6 of the Charities Act (Northern Ireland) 2008 (c.12 (N.I.)).
(3) The Civil Aviation Authority was established by section 2 of the Civil Aviation Act 1982 (c.16).
(4) The Commissioners for Her Majesty’s Revenue and Customs were established by section 1 of the Commissioners for Revenue and Customs Act 2005 (c.11).
(5) S.I. 2017/692: regulation 7(1)(c)(vii) was amended by regulation 3(2)(b) of the Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (S.I. 2019/1511).
(6) The Competition and Markets Authority was established by section 25 of the Enterprise and Regulatory Reform Act 2013 (c.24).
(7) The Comptroller and Auditor General for Northern Ireland was established by Article 5 of the Audit (Northern Ireland) Order 1987 (S.I. 1987/460 (N.I. 5)).
(8) The Criminal Cases Review Commission was established by section 8 of the Criminal Appeal Act 1995 (c.35).
(9) Formerly the Department of Agriculture and Rural Development; see section 1(2) of the Departments Act (Northern Ireland) 2016 (c.5 (N.I.)).
(10) This function was transferred from the Department of Culture, Arts and Leisure to the Department of Agriculture, Environment and Rural Affairs; see Article 5(1)(a) and Part 1 of Schedule 3 to the Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016 No.76).
(11) This function was transferred from the Department of the Environment to the Department of Agriculture, Environment and Rural Affairs; see Article 8(1)(c) of the Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016 No.76).
(12) Formerly the Department for Social Development; see section 1(7) of the Departments Act (Northern Ireland) 2016 (c.5 (N.I.)).
(13) Formerly the Department of Enterprise, Trade and Investment; see section 1(3) of the Departments Act (Northern Ireland) 2016 (c.5 (N.I.)).
(14) This function was transferred from the Department of Agriculture and Rural Development to the Department for Infrastructure; see Article 4 and Schedule 2 to the Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016 No.76).
(15) The Serious Fraud Office was established by section 1(1) of the Criminal Justice Act 1987 (c.38).
(16) 1987 c.38.
(17) 2002 c.29.
(18) The Financial Services and Markets Act 2000 (c.8) established the Financial Services Authority which was renamed the Financial Conduct Authority by section 6 of the Financial Services Act 2012 (c.21).
(19) EUR 2014/1286, as amended by S.I. 2019/403, 2021 c.22 and S.I. 2021/1149.
(20) The Food Standards Agency was established by section 1 of the Food Standards Act 1999 (c.28).
(21) The General Chiropractic Council was established by section 1 of the Chiropractors Act 1994 (c.17).
(22) The General Dental Council continues in existence by virtue of section 1 of the Dentists Act 1984 (c.24).
(23) The General Medical Council continues in existence by virtue of section 1 of the Medical Act 1983 (c.54).
(24) The General Optical Council continues in existence by virtue of section 1 of the Opticians Act 1989 (c. 44).
(25) The General Osteopathic Council was established by section 1 of the Osteopaths Act 1993 (c.21).
(26) The Health Professions Council was established by Article 3 of the Health Professions Order 2001 (S.I. 2002/254) and renamed the Health and Care Professions Council by section 214 of the Health and Social Care Act 2012 (c.7).
(27) The Health and Safety Executive for Northern Ireland was established by Article 12 of the Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I.9)).
(28) The Northern Ireland Health and Personal Social Services Regulation and Improvement Authority was established by Article 3 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)) and was renamed the Health and Social Care Regulation and Quality Improvement Authority by the Health and Social Care (Amendment) Act (Northern Ireland) 2014 (c.5 (N.I.)).
(29) The Information Commissioner was established by the Data Protection Act 1984 (c.35). The role is now governed by Part 5 and Schedule 12 to the Data Protection Act 2018 (c.12).
(30) This function was transferred from the Department of the Environment to the Department for Communities; see Article 8 of, and Schedule 5 Part 1 to, the Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016 No.76).
(31) The Northern Ireland Audit Office was established pursuant to Article 5 of the Audit (Northern Ireland) Order 1987 (S.I. 1987/460 (N.I. 5)). The local government auditor is appointed under Article 4 of the Local Government (Northern Ireland) Order 2005 (S.I. 2005/1968 (N.I.18)).
(32) The National Crime Agency was established by section 1 of the Crime and Courts Act 2013 (c.22).
(33) 2000 c.11.
(34) The Northern Ireland Authority for Energy Regulation was established by Article 3 of the Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6)) and renamed the Northern Ireland Authority for Utility Regulation by Article 3(1) of the Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I.21)).
(35) The Northern Ireland Commissioner for Children and Young People was established by Article 5 of the Commissioner for Children and Young People (Northern Ireland) Order 2003 (S.I. 2003/439 (N.I. 11)).
(36) The Northern Ireland Council for the Curriculum, Examinations and Assessment continues in existence by virtue of Article 73 of the Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I.13)). The Northern Ireland Council for the Curriculum, Examinations and Assessment has taken over responsibility from the Office of Qualifications and Examinations Regulation.
(37) S.I. 1993/2810 (N.I.12).
(38) The Northern Ireland Human Rights Commission was established by section 68 of the Northern Ireland Act 1998 (c.47).
(39) The Northern Ireland Social Care Council was established by section 1 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3 (N.I.)).
(40) 2001 c. 3 (N.I.).
(41) The Nursing and Midwifery Council was established by Article 3 of the Nursing and Midwifery Order 2001 (S.I. 2002/253).
(42) The Office of Communications was established by section 1 of the Office of Communications Act 2002 (c.11).
(43) The Payment Systems Regulator was established under Part 5 of the Financial Services (Banking Reform) Act 2013 (c.33).
(44) 2013 c.33: section 41 has been amended by S.I. 2017/1064 and S.I. 2019/679.
(45) The Pensions Regulator was established by section 1 of the Pensions Act 2004 (c.35).
(46) 2004 c.35.
(47) S.I. 2005/255 (N.I. 1).
(48) The Pharmaceutical Society of Northern Ireland continues in existence by virtue of Article 3 of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I.22)).
(49) The Prudential Regulation Authority Limited was renamed as the Prudential Regulation Authority by section 6 of the Financial Services Act 2012 (c.21), which amended the Financial Services and Markets Act 2000 (c.8).
(50) Formerly the Secretary of State for Business, Innovation and Skills; see the Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016 (S.I. 2016/992).
(51) The Single Source Regulations Office was established by section 13 of the Defence Reform Act 2014 (c.20).
(52) 2014 c.20.
(53) S.I. 2014/3337.
(54) The Bank of England was established by Royal Charter pursuant to section 19 of the Bank of England Act 1694 (c.20).
(55) 2009 c.1, as amended by 2012 c.21, 2013 c.33 and 2016 c.14.
(56) The Financial Reporting Council Limited and its Conduct Committee is a company registered in England and Wales with number 02486368.
(57) S.I. 2016/649.
(58) EUR 2014/537, as amended by S.I. 2019/177 and S.I. 2021/153.
(59) 2006 c.46.
(60) Section 1261 was amended by regulation 2(2) of S.I. 2007/3494 and regulation 25(a)(vi) of S.I. 2019/177.
(61) S.I. 2013/1672.
(62) The Foyle, Carlingford and Irish Lights Commission and the Loughs Agency were established by the North/South Co-Operation (Implementation Bodies) (Northern Ireland) Order 1999 (S.I. 1999/859).
(63) The NSPCC is incorporated by Royal Charter. It is a registered charity in England and Wales with the charity number 216401, in Scotland with the charity number SCO37717 and in Jersey with the charity number 384. The NSPCC has powers under the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) to protect children in Northern Ireland.
Certification Officer for Northern Ireland(1)	Fraud, and other irregularities, relating to the financial affairs of trade unions and employers’ associations.
Charity Commission for Northern Ireland(2)	The proper administration of charities and of funds given or held for charitable purposes.
Civil Aviation Authority(3)	Compliance with the requirements of civil aviation legislation, including aviation safety and aviation security.
Commissioners for Her Majesty’s Revenue and Customs(4)	Matters relating to- (a) value added tax, insurance premium tax, excise duties and landfill tax; (b) the import and export of prohibited or restricted goods; (c) income tax, corporation tax, capital gains tax, petroleum revenue tax, soft drinks industry levy, digital services tax, inheritance tax, stamp duties, annual tax on enveloped dwellings, diverted profits tax, apprenticeship levy, national insurance contributions, statutory maternity pay, statutory sick pay, tax credits, child benefits, collection of student loans and the enforcement of the national minimum wage; and (d) the Commissioners’ functions as the supervisory authority for estate agents pursuant to regulation 7(1)(c)(vii) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017(5).
Competition and Markets Authority(6)	Matters concerning the sale of goods or the supply of services, which adversely affect the interests of consumers. Competition affecting markets in the United Kingdom.
Comptroller and Auditor General for Northern Ireland(7)	The proper conduct of public business, value for money, fraud and corruption in relation to the provision of centrally funded public services and health service bodies.
Criminal Cases Review Commission(8)	Investigation of alleged or suspected miscarriages of justice from the criminal courts of England, Wales and Northern Ireland and from the Military Court and Service Civilian Court, and where appropriate, referral of cases to the relevant appeal court.
Department of Agriculture, Environment and Rural Affairs(9)	Matters relating to– (a) acts or omissions which have an adverse or potentially adverse effect on fish in the sea and fish health; (b) acts or omissions which have an adverse or potentially adverse effect on forests, tree or plant health; (c) acts or omissions which could breach or potentially breach the Northern Ireland Cross-Compliance Verifiable Standards; (d) acts or omissions which have an adverse or potentially adverse effect on animal health, veterinary public health or animal welfare; (e) acts or omissions which have an adverse or potentially adverse effect on inland fisheries or on migratory eels, salmon or trout(10); and (f) acts or omissions which have an actual or potential effect on the environment or the management or regulation of the environment including those relating to pollution(11).
Department for Communities(12)	Matters relating to- (a) the registration and operation of registered housing associations, including their administration of public and private funds and management of their housing stock; (b) fraud and other misconduct in relation to the administration and payment of Urban Regeneration and Community Development grants.
Department for the Economy(13)	Matters relating to- (a) compliance with the requirements of consumer protection and fair trading legislation; and (b) fraud or misconduct involving companies which are in compulsory liquidation, creditors’ voluntary liquidation, administration or administrative receivership.
Department for Infrastructure(14)	Matters relating to acts or omissions which have an actual or potential effect on the flows in watercourses or on drainage of land.
Director of the Serious Fraud Office(15)	Matters relating to- (a) serious or complex fraud within the meaning of section 1(3) of the Criminal Justice Act 1987(16); or (b) civil recovery of the proceeds of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations as set out in Part 5 or 8 of the Proceeds of Crime Act 2002(17).
Financial Conduct Authority(18)	Matters relating to- (a) the listing of securities on a stock exchange, prospectuses on offers of transferable securities to the public; (b) the carrying on of investment business or of insurance business, the operation of banks and building societies, deposit-taking businesses and wholesale money market regimes; (c) the operation of friendly societies, benevolent societies, working men’s clubs, specially authorised societies, and industrial and provident societies; (d) the functioning of financial markets and investment exchanges; (e) money laundering, financial crime, and other serious financial misconduct, in connection with activities regulated by the Financial Conduct Authority; and (f) the conduct of PRIIP manufacturers and persons advising on or selling a PRIIP referred to in Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26th November 2014 on key information documents for packaged retail and insurance-based investment products(19), for the purposes of that regulation.
Food Standards Agency(20)	Matters which may affect the health of any member of the public in relation to the consumption of food and other related matters concerning the protection of the interests of consumers in relation to food.
General Chiropractic Council(21)	Matters relating to- (a) the registration and fitness to practise of a member of a profession regulated by the Council; and (b) any activities not covered by (a) in relation to which the Council has functions.
General Dental Council(22)	Matters relating to- (a) the registration and fitness to practise of a member of a profession regulated by the Council; and (b) any activities not covered by (a) in relation to which the Council has functions.
General Medical Council(23)	Matters relating to- (a) the registration and fitness to practise of a member of a profession regulated by the Council; and (b) any activities not covered by (a) in relation to which the Council has functions.
General Optical Council(24)	Matters relating to- (a) the registration and fitness to practise of a member of a profession regulated by the Council; and (b) any activities not covered by (a) in relation to which the Council has functions.
General Osteopathic Council(25)	Matters relating to- (a) the registration and fitness to practise of a member of a profession regulated by the Council; and (b) any activities not covered by (a) in relation to which the Council has functions.
Health and Care Professions Council(26)	Matters relating to- (a) the registration and fitness to practise of a member of a profession regulated by the Council; and (b) any activities not covered by (a) in relation to which the Council has functions.
Health and Safety Executive for Northern Ireland(27)	Matters which may affect the health or safety of any individual at work; matters which may affect the health or safety of any member of the public, arising out of, or in connection with, the activities of persons at work.
Health and Social Care Regulation and Quality Improvement Authority(28)	Matters relating to the quality, safety, and availability of health and social care services provided by statutory, independent, community and voluntary providers in Northern Ireland.
Information Commissioner(29)	Compliance with the requirements of legislation relating to data protection and to freedom of information.
Local government auditors appointed by the Department for Communities(30) from the staff of the Northern Ireland Audit Office(31)	The proper conduct of public business, value for money, fraud and corruption in district councils, joint committees, the Northern Ireland Local Government Officers’ Superannuation Committee and the Local Government Staff Commission for Northern Ireland.
Members of the House of Commons	Any matter specified in this column.
National Crime Agency(32)	Matters relating to- (a) compliance with the Terrorism Act 2000(33); (b) compliance with the Proceeds of Crime Act 2002; (c) compliance with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017; or (d) corrupt individuals or companies offering or receiving bribes to secure a benefit for themselves or others.
Northern Ireland Authority for Utility Regulation(34)	Matters relating to– (a) the regulation of the generation, transmission, distribution and supply of electricity, and activities ancillary to these matters; (b) the regulation of the conveyance, storage and supply of gas through pipes, and activities ancillary to these matters; (c) the regulation of the abstraction, treatment, distribution and supply of drinking water to the public and activities ancillary to these matters; and (d) the regulation of the collection, treatment and disposal of wastewater and sewage sludge and activities ancillary to these matters.
Northern Ireland Commissioner for Children and Young People(35)	Matters relating to the safeguarding and promotion of the rights and best interests of children and young people.
Northern Ireland Council for the Curriculum, Examinations and Assessment(36)	Matters in relation to which the Northern Ireland Council for the Curriculum, Examinations and Assessment exercises functions under the Education and Libraries (Northern Ireland) Order 1993(37).
Northern Ireland District Councils	Matters which may affect the health or safety of any individual at work; matters which may affect the health or safety of any member of the public, arising out of or in connection with the activities of persons at work. Compliance with the requirements of consumer protection legislation. Compliance with the requirements of food safety legislation.
Northern Ireland Human Rights Commission(38)	Matters which engage human rights.
Northern Ireland Social Care Council(39)	Matters relating to– (a) the registration and regulation of social workers and social care workers under the Health and Personal Social Services Act (Northern Ireland) 2001(40); and (b) the regulation of education and training in social work and social care work.
Nursing and Midwifery Council(41)	Matters relating to- (a) the registration and fitness to practise of a member of a profession regulated by the Council; and (b) any activities not covered by (a) in relation to which the Council has functions.
Office of Communications(42)	Matters relating to– (a) the provision of electronic communications networks and services and the use of the electromagnetic spectrum; (b) broadcasting and the provision of television and radio services; (c) media ownership and control; (d) competition in communications markets; and (e) postal services regulation.
Payment Systems Regulator(43)	Matters relating to payment systems (within the meaning given by section 41 of the Financial Services (Banking Reform) Act 2013(44)) and the services provided by them.
Pensions Regulator(45)	Matters relating to occupational pension schemes, and personal pension arrangements, including matters relating to the Pensions Regulator’s objectives as set out in the Pensions Act 2004(46) and the Pensions (Northern Ireland) Order 2005(47).
Pharmaceutical Society of Northern Ireland(48)	Matters relating to- (a) the registration and fitness to practise of a member of a profession regulated by the Council; and (b) any activities not covered by (a) in relation to which the council has functions.
Prudential Regulation Authority(49)	Matters relating to the carrying on of deposit-taking business, insurance business, or investment business and the safety and soundness of persons authorised for such purposes.
Secretary of State for Business, Energy & Industrial Strategy(50)	Fraud, and other misconduct, in relation to companies.
Secretary of State for Transport	Compliance with merchant shipping law, including maritime safety.
Single Source Regulations Office(51)	Matters relating to single source defence procurement, including the application of and compliance with Part 2 of the Defence Reform Act 2014(52) and the Single Source Contract Regulations 2014(53).
The Bank of England(54)	Matters relating to- (a) the functioning of clearing houses (including central-counterparties); (b) inter-bank payment systems and securities settlement systems; and (c) the treatment, holding and issuing of banknotes by the authorised banks (and their agents) under Part 6 of the Banking Act 2009(55).
The Financial Reporting Council Limited and its Conduct Committee(56)	Matters relating to- (a) exercising the functions of the competent authority under the Statutory Auditors and Third Country Auditors Regulations 2016(57) and under Regulation (EU) 537/2014 of the European Parliament and of the Council on specific requirements regarding statutory audit of public-interest entities(58); (b) the independent oversight of the regulation of the accountancy, auditing and actuarial professions; (c) the independent supervision of Auditors General (as defined in section 1226 of the Companies Act 2006)(59); (d) exercising, in relation to third country auditors (as defined by section 1261 of the Companies Act 2006(60)), functions- (i) of the Secretary of State under Part 42 of that Act, delegated under that Part, (ii) under the arrangements within Schedule 12 to that Act, and (iii) of the designated body under the Statutory Auditors and Third Country Auditors Regulations 2013(61); (e) compliance with the requirements of legislation relating to accounting and reporting; (f) the investigation of, and enforcement action in relation to, conduct of the persons listed below, and the holding of disciplinary hearings concerning those persons in matters which raise or appear to raise important issues affecting the public interest- (i) accountants, and (ii) actuaries.
The Loughs Agency of the Foyle, Carlingford and Irish Lights Commission(62)	Acts or omissions which have an adverse or potentially adverse effect on inland fisheries or on migratory salmon or trout.
The National Society for the Prevention of Cruelty to Children and any of its officers(63)	Matters relating to child welfare and protection.
A person (“person A”) carrying out functions, by virtue of legislation, relating to relevant failures falling within one or more matters within a description of matters in respect of which another person (“person B”) is prescribed by this Order, where person B was previously responsible for carrying out the same or substantially similar functions and has ceased to be so responsible.	Matters falling within the description of matters in respect of which person B is prescribed by this Order, to the extent that those matters relate to functions currently carried out by person A.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Public Interest Disclosure (Prescribed Persons) Order (Northern Ireland) 1999 (S.R. 1999 No. 401) by replacing the Schedule to that Order.

It adds to the list of prescribed persons: Members of the House of Commons; the Payment Systems Regulator; the Single Source Regulations Office; the National Society for the Prevention of Cruelty to Children and the Northern Ireland Council for the Curriculum, Examinations and Assessment.

It amends the name and description of matters for the Northern Ireland Departments and the Secretary of State for Business, Innovation and Skills. It makes amendments to the description of matters for: the Director of the Serious Fraud Office; Her Majesty’s Revenue and Customs; the National Crime Agency; the Pensions Regulator; the Prudential Regulation Authority and the Bank of England.

It removes the Treasury and the Office of Qualifications and Examinations Regulation (Ofqual) from the list of prescribed persons. Responsibility for the prescribed person’s functions of Ofqual in Northern Ireland have been taken over by the Northern Ireland Council for the Curriculum, Examinations and Assessment.

This Order revokes the Public Interest Disclosure (Prescribed Persons) (Amendment) Order (Northern Ireland) 2014 (S.R. 2014 No. 48).

(1)

S.I. 1996/1919 (N.I.16); Article 67F was inserted by Article 3 of the Public Interest Disclosure (Northern Ireland) Order 1998 (S.I. 1998/1763 (N.I.17)) and amended by section 14(1)(c) of the Employment Act (Northern Ireland) 2016 (c.15 (N.I)).

(2)

The functions of the Department of Economic Development under the Employment Rights (Northern Ireland) Order 1996 were transferred to the Department of Higher and Further Education, Training and Employment by Article 4(b) of, and Schedule 2, Part 2 to, the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481). The Department of Higher and Further Education, Training and Employment was renamed the Department for Employment and Learning by section 1(1) of the Department for Employment and Learning Act (Northern Ireland) 2001 (c.15 (N.I.)), and following the dissolution of that department by section 1(10) of the Departments Act (Northern Ireland) 2016 (c.5 (N.I.)), its functions under the Employment Rights (Northern Ireland) Order 1996 were transferred to the Department for the Economy by Article 6(1)(c) of the Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016 No. 76).

(3)

S.R. 1999 No. 401; amended by S.R. 2004 No. 261, S.R. 2006 No. 458, S.R. 2010 No. 361, S.R. 2010 No. 399, S.R. 2012 No. 283, S.I. 2013/472, S.R. 2014 No. 48, S.I. 2014/631, S.I. 2017/516, S.I. 2017/692, S.I. 2017/1064 and S.I. 2017/1127.

(4)

S.R. 2014 No. 48.