F1Part 2BInvestigation of concerns raised by whistle-blowers

29HF2Director General's powers and duties where whistle-blower is deceased

(1)

The power of the F3Director General to carry out an investigation under section 29D(1) applies where the whistle-blower dies before the F3Director General becomes aware of the concern (or before F4the Director General decides to investigate).

(2)

Any investigation begun by the F3Director General under section 29D(1) before the death of the whistle-blower may be continued after the death.

(3)

Where a whistle-blower dies—

(a)

any requirement under this Part to obtain the consent of the whistle-blower may be satisfied by obtaining the consent of that person's approved representative;

(b)

any requirement under this Part to give any document or other information to the whistle-blower may be satisfied by giving the document or other information to the person's approved representative;

(c)

any requirement under this Part not to disclose the identity of the whistle-blower does not apply or (where the F3Director General became aware of the concern before the death) ceases to apply.

(4)

For the purpose of this section, “approved representative” means a person who has been approved by the F3Director General for the purposes of this Part.

(5)

The F3Director General may only approve a person who is—

(a)

the widow or widower (or surviving civil partner) of the deceased whistle-blower,

(b)

a personal representative (within the meaning of section 55(1)(xi) of the Administration of Estates Act 1925) of the deceased whistle-blower, or

(c)

any other person appearing to the F3Director General to have, by reason of a family or similar relationship with the deceased whistle-blower, a relevant interest in the outcome of the concern.