Part 2B

Investigation of concerns raised by whistle-blowers

Director General's powers and duties where whistle-blower is deceased
29H
1
The power of the
Director General
to carry out an investigation under section 29D(1) applies where the whistle-blower dies before the
Director General
becomes aware of the concern (or before
the Director General
decides to investigate).
2
Any investigation begun by the
Director 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
Director 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
Director General
for the purposes of this Part.
5
The
Director 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
Director 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.
Pt. 2B inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 28(1), 183(1)(5)(e)
Words in s. 29H substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 46(2); S.I. 2017/1249, reg. 2 (with reg. 3)
Words in s. 29H heading substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 46(3); S.I. 2017/1249, reg. 2 (with reg. 3)
Words in s. 29H(1) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 46(4); S.I. 2017/1249, reg. 2 (with reg. 3)