Part 2: Police Complaints, Discipline and Inspection Chapter 3: Whistle-blowing: Power of IPCC to Investigate Section 28: Investigations by the IPCC: whistle-blowing
Subsection (1) inserts a new Part 2B into the 2002 Act (comprising new sections 29D to 29N) to provide a power for the IPCC to investigate concerns raised by police whistle-blowers.
	New section 29D defines a whistle-blower as an individual who is or was under the direction and control of a chief officer of police (this includes officers, police staff, PCSOs, special constables and volunteers) and raises a concern about a police force or a person serving with the police.
	The concern should not be about the working conditions of persons serving with the police. The concern must not relate to the conditions of service of persons serving with the police or be about a matter that could be dealt with as a complaint by the person under Part 2 of the 2002 Act.
	The concern must not relate to a matter that is:
	subject to an ongoing investigation by, or directed by, the IPCC under Part 2 of the 2002 Act (as an existing complaint, conduct matter or DSI matter),
	subject to an ongoing investigation under new Part 2B of that Act (as an existing whistle-blowing matter), or
	being dealt with under new Part 2A of that Act and regulations made under it (as a super-complaint).
	The IPCC may only begin to investigate a concern under new Part 2B if consent is provided by the whistle-blower. The power to investigate a concern is at the IPCC's discretion. In deciding whether to investigate the IPCC must take into account the public interest. It may take into account other factors it deems relevant (for example, whether a matter is more appropriately dealt with through an alternative route and whether it appears there is sufficient evidence to initiate the investigation).
	New section 29E makes provision for dealing with a decision by the IPCC not to investigate a concern raised by a whistle-blower under new Part 2B. The IPCC must inform the whistle-blower of the decision. If the whistle-blower consents, the IPCC may disclose the nature of the concern to the appropriate authority, usually the relevant chief officer of police, and make recommendations in the light of the concern. For example, the IPCC could recommend to the appropriate authority to improve training in a certain area.
	New sections 29E(4) and (5) confer a power on the Secretary of State (in practice, the Home Secretary), to make further provision about these recommendations in regulations (subject to the negative procedure). Regulations may describe the kinds of recommendations the IPCC may make, specify the persons to whom recommendations may be made and permit the IPCC to require a response to any recommendation made. It is envisaged the recommendations would include additional training, updates to guidance or a change to operating procedures.
	New section 29F sets out how the IPCC should handle a whistle-blowing concern where it determines that the concern is about a conduct matter for the purposes of Part 2 of the 2002 Act. In such cases, the IPCC must not carry out a whistle-blowing investigation under new Part 2B but must notify the appropriate authority, which must record the matter as a conduct matter under Schedule 3 to the 2002 Act.
	Similarly, new section 29G sets out how the IPCC should handle a whistle-blowing concern where it determines that the concern is about a DSI matter for the purposes of Part 2 of the 2002 Act. In such cases, the IPCC must not carry out a whistle-blowing investigation under new Part 2B but must notify the appropriate authority, which must record the matter as a DSI matter under Schedule 3 to the 2002 Act.
	New sections 29F(4) and 29G(4) confer powers on the Secretary of State (in practice, the Home Secretary) to make provision modifying Schedule 3 of the 2002 Act by regulations (subject to the negative procedure) in relation to conduct and DSI matters that are recorded following the raising of a whistle-blowing concern. Any modifications must be for the purpose of protecting the identity of whistle-blowers.
	New section 29H provides for the handling of a whistle-blowing investigation where the whistle-blower dies before the IPCC becomes aware of the concern or where the individual dies during an investigation. This section ensures that despite the death of the whistle-blower the IPCC may either start or continue an investigation. In such an eventuality the IPCC would seek consent from an approved representative, for example, a widow or widower (or surviving civil partner) of the whistle-blower. Any requirement to protect the identity of the whistle-blower ceases to apply in the event of the death of the whistle-blower.
	New section 29I imposes a duty on the IPCC to keep the whistle-blower informed about the progress of the investigation and its outcome. Section 29I(2) confers a power on the Secretary of State, by regulations (subject to the negative procedure), to set out exceptions to this duty. Section 29I(3) details that exceptions to the duty may only be allowed for permitted non-disclosure purposes set out at section 29I(4). These purposes include in the interest of national security and preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any actual or prospective criminal proceedings.
	New section 29J makes provision for the protection of the identity of a whistle-blower. Section 29J(5) provides a duty on the IPCC not to disclose the identity of the whistle-blower, information which may reveal the whistle-blower’s identity or the nature of the concern raised. Section 29J(1) confers a power on the Secretary of State, by regulations (subject to the negative procedure), to authorise disclosure of this information in certain circumstances to specified persons. Section 29J(3) details that exceptions to the protection of the whistle-blowers identity may only be imposed for limited 'disclosure purposes' set out at new section 29J(4). The disclosure purposes include in the interests of national security and the institution or conduct of criminal proceedings.
	New section 29K makes provision for the protection of information relating to the investigation or information relating to the outcome of an investigation. Section 29K(1) confers a regulation-making power (subject to the negative procedure) on the Secretary of State to authorise disclosure in limited circumstances. The limited circumstances are those set out at 29J(4).
	New section 29L sets out the provisions contained in Part 2 of the 2002 Act that should be applied to new Part 2B. These provisions ensure that the powers provided to the IPCC to investigate other complaints, conduct or DSI matters can be used in the context of a whistle-blowing investigation, for example, the power to inspect police premises and the power to issue guidance.
	New section 29M sets out an obligation on the Secretary of State to consult with specific groups before making regulations under new Part 2B. The list of bodies mirrors those set out in section 24 of Part 2 to the 2002 Act. Any regulations made under this Part will also be subject to section 63 of the 1996 Act, this means the Secretary of State must also consult the Police Advisory Board for England and Wales.
	New section 29N sets out the definitions of various terms used in new Part 2B to the 2002 Act.
	New section 29N amends section 10 of the 2002 Act, which sets out the functions of the IPCC, so as to include functions in relation to whistle-blowing conferred by the new Part 2B.