58(1)Schedule 3A (whistle-blowing investigations: procedure) (as inserted by this Act) is amended as follows.E+W
(2)For “Commission”, in each place, substitute “ Director General ”.
(3)In paragraph 1(1)—
(a)after “, (2)” insert “ , (2A) ”;
(b)omit “itself”.
(4)In paragraph 4(1)—
(a)in the words before paragraph (a), for “it appears to the person in charge” substitute “ the Director General determines ”;
(b)for the words after paragraph (b) substitute “ the Director General must proceed under sub-paragraph (2) ”.
(5)For paragraph 4(2) substitute—
“(2)The Director General must—
(a)prepare a record of the determination,
(b)notify the appropriate authority in relation to the person whose conduct is in question of the determination, and
(c)send to it a copy of the record of the determination prepared under paragraph (a).”
(6)In paragraph 5(1)—
(a)for “it appears to the person in charge” substitute “ the Director General determines ”;
(b)for “the person must make a submission to that effect to the Commission” substitute “ the Director General must proceed under sub-paragraph (2) ”.
(7)For paragraph 5(2) substitute—
“(0)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).”
(8)After paragraph 6(1) insert—
“(1A)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.”
(9)In paragraph 6(2)(a) for “the report” substitute “ a report submitted under sub-paragraph (1) or completed under sub-paragraph (1A) ”.
(10)In paragraph 7(1) after “paragraph 6” insert “ (1) or on its completion by the Director General under paragraph 6(1A) ”.
Commencement Information
I1Sch. 9 para. 58 in force for certain purposes at Royal Assent, see s. 183
I2Sch. 9 para. 58 in force at 8.1.2018 in so far as not already in force by S.I. 2017/1249, reg. 2 (with reg. 3)