The Act – Section by Section Functions of the Police Investigations and Review Commissioner Section 16: Review of arrangements for investigation of whistleblowing complaints
122.Section 16 amends section 40A of the 2006 Act to add the SPA and chief constable’s arrangements for handling whistleblowing complaints to the things which the PIRC is to audit. Section 40A currently requires the PIRC to audit the SPA and chief constable’s arrangements for handling relevant complaints.
123.New section 40A(1)(a)(ii) requires the PIRC to keep under review all arrangements maintained by the SPA and the chief constable for the investigation of information provided in a whistleblowing complaint. New section 40A(1A) defines a whistleblowing complaint as a protected disclosure within the meaning of section 43A of the Employment Rights Act 1996 which is made to the SPA or the chief constable. The provision is not concerned with reviewing the handling of individual whistleblowing complaints but is rather concerned with arrangements for investigating information provided in such complaints. Nor is it concerned with arrangements for ensuring that the whistleblower receives the protections provided by the 1996 Act. Rather, it is concerned with arrangements for investigating the substance of such a complaint.