Moved by
Baroness Chisholm of Owlpen
50: Clause 27, page 41, line 26, at end insert—
“(3A) For the purposes of this Part, a person is a “whistle-blower” if—
(a) the person is, or was at any time, under the direction and control of a chief officer of police,
(b) the person raises a concern that is about a police force or a person serving with the police,
(c) the matter to which the concern relates is not—
(i) about the conditions of service of persons serving with the police, or
(ii) a matter that is, or could be, the subject of a complaint by the person under Part 2, and
(d) at the time the Commission first becomes aware of the concern, the matter to which it relates is not—
(i) under investigation under the direction of the Commission in accordance with paragraph 18 of Schedule 3,
(ii) under investigation by the Commission in accordance with paragraph 19 of that Schedule,
(iii) being dealt with as a complaint under section 29A under regulations under section 29C (regulations about super-complaints), or
(iv) under investigation under this Part.”
51: Clause 27, page 41, line 28, after “2)” insert “and to section 29FA (which deals with the position where the concern is a DSI matter for the purposes of that Part)”
52: Clause 27, page 41, line 40, after “Part,” insert “except where otherwise provided,”
53: Clause 27, page 42, line 35, at end insert—
“29FA Special provision for “DSI matters”
(1) Before deciding whether to carry out an investigation under section 29D(2), the Commission must consider whether the concern is about a death or serious injury matter (“a DSI matter”) for the purposes of Part 2 (see section 12(2A)).
(2) If the Commission determines that the concern is about a DSI matter for the purposes of Part 2—
(a) it may not carry out an investigation under section 29D(2), and
(b) it must notify the appropriate authority in relation to the DSI matter.
(3) Where the appropriate authority in relation to the DSI matter is notified under subsection (2), it must record the matter under paragraph 14A of Schedule 3 to this Act as a DSI matter.
(4) The Secretary of State may by regulations make provision modifying Schedule 3 in relation to a DSI matter that, in accordance with subsection (3), is recorded under paragraph 14A of that Schedule but only for the purpose of making provision for the protection of the anonymity of whistle-blowers.
(5) In this section, references to the appropriate authority in relation to a DSI matter have the same meaning as in Part 2 (see section 29).”