This Order may be cited as the Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2010 and shall come into force on 1st October 2012.

(1)    The Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999 is amended in accordance with paragraph (2).

(2)    In the entry relating to the Pensions Regulator, in the Second Column, after “Matters relating to occupational pension schemes and other private pension arrangements”, insert “including matters relating to the Regulator's objective of maximising compliance with the duties under Chapter 1 of Part 1 (and the safeguards in sections 50 and 54) of the Pensions Act 2008.”.

Signed by authority of the Secretary of State for Work and Pensions.

Angela Eagle

Minister of State,

Department for Work and Pensions

5th January 2010

This Order amends The Public Interest Disclosure (Prescribed Persons) Order 1999 (SI 1999/1549, the “1999 Order”) by amending the entry in the Schedule to the 1999 Order in relation to the Pensions Regulator.

Section 47B of the Employment Rights Act 1996 (c 18, the “1996 Act”) provides a worker with the right not to suffer detriment, as a result of making a 'protected' disclosure. A qualifying disclosure is a protected disclosure by virtue of section 43A of the 1996 Act (inserted by section 1 of the Public Interest Disclosure Act 1998).

This Order amends the 1999 Order so that a disclosure to the Pensions Regulator about matters relating to the Pensions Regulator's objective of maximising compliance with the duties under Chapter 1 of Part 1 (and the safeguards in sections 50 and 54) of the Pensions Act 2008 (c 30) will be a qualifying disclosure.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department for Work and Pensions, ERSP, Level 7, Caxton House, Tothill Street, London SW1H 9NA and is annexed to the Explanatory Memorandum which is available alongside this instrument on the OPSI website.