Part 2: Police Complaints, Discipline and Inspection Chapter 3: Whistle-blowing: Power of IPCC to Investigate Schedule 6: Schedule to be inserted as new Schedule 3A to the Police Reform Act 2002
New Schedule 3A to the 2002 Act sets out the procedure that the IPCC must follow when undertaking a whistle-blowing investigation.
	Paragraph 1 of new Schedule 3A provides for the appointment of a person to take part in an investigation. This mirrors the arrangements for designating an investigator for IPCC independent investigations as set out in paragraph 19 of Schedule 3 to the 2002 Act.
	Paragraph 2 stipulates that the person in charge of a whistle-blowing investigation and others involved in the investigation (under new Part 2B inserted by section 28) may not disclose the identity of the whistle-blower or information that might reveal the identity. Paragraph 2(2) sets out exceptions to the duty to protect the identity including where the whistle-blower gives consent. The paragraph confers a regulation-making power (subject to the negative procedure) on the Secretary of State to permit the person in charge of the investigation to impose requirements to ensure that those involved in the investigation do not disclose information without the consent of the person in charge.
	Paragraph 3 provides for the IPCC to obtain information during a whistle-blowing investigation; this mirrors the powers available to the IPCC in an independent investigation under Schedule 3 to the 2002 Act.
	Paragraph 4 sets out the procedure when it becomes apparent in the course of a whistle-blowing investigation (under new section Part 2B) that misconduct may have taken place. In such circumstances, the whistle-blowing investigation would cease and a conduct investigation under Part 2 of the 2002 Act would begin. Paragraph 4(5) confers a power on the Secretary of State (in practice, the Home Secretary), by regulations (subject to the negative procedure) to modify Schedule 3 for the purpose of protecting the anonymity of the whistle-blower during the subsequent Part 2 investigation.
	Paragraph 5 sets out the procedure when it becomes apparent in the course of a whistle-blowing investigation (under new Part 2B) that a concern is about a DSI matter. In such circumstances, the whistle-blowing investigation would cease and an investigation into the DSI matter under Part 2 of the 2002 Act would begin. Paragraph 5(5) confers a power on the Secretary of State (in practice, the Home Secretary), by regulations (subject to the negative procedure) to modify Schedule 3 for the purpose of protecting the anonymity of the whistle-blower during the subsequent Part 2 investigation.
	Paragraph 6 sets out the arrangements at the end of a whistle-blowing investigation. The person in charge of the investigation must submit a report to the IPCC. A copy of the report must be sent to the whistle-blower and, subject to approval by the whistle-blower, to the appropriate authority. Paragraph 6(3) confers a power on the Secretary of State to set out in regulations (subject to the negative procedure) circumstances when the report must not be shared with the whistle-blower. Non-disclosure of the final report to the whistle-blower is limited to specific purposes set out in new section 29I(4). Paragraph 6(5) confers a power on the Secretary of State to set out in regulations (subject to the negative procedure) circumstances when the final report may be shared with the appropriate authority where the whistle-blower refuses to consent. Disclosure to the appropriate authority without the consent of the whistle-blower is limited for permitted disclosure purposes set out at new section 29J(4). The paragraph provides the IPCC with the ability to comply with their duty to provide final copies of the investigation report while still complying with section 21A, the protection of sensitive information.
	Paragraph 7 sets out the ability of the IPCC to make recommendations to the force concerned at the end of a whistle-blowing investigation (under new section 2B). The paragraph confers a power on the Secretary of State to set out in regulation (subject to the negative procedure) the kinds of recommendations the IPCC could make, the persons to whom the recommendation may be made and permit the IPCC to seek a response to any recommendation made. It is envisaged the recommendations would include additional training, update to guidance or a change to operating procedures.