Protected Disclosures (Amendment) Act 2022
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SCHEDULE 3 Schedule 7 to Principal Act | ||
“SCHEDULE 7 | ||
Transitional Provisions | ||
1. In this Schedule— | ||
‘Act of 2022’ means the Protected Disclosures (Amendment) Act 2022; | ||
‘detriment’ has the meaning given to it by section 13. | ||
2. Subject as provided for therein, section 12 (amended by section 21 of the Act of 2022) and Schedule 2 (amended by section 25 of the Act of 2022) shall apply where a worker within the meaning of section 3 (being that section in the terms as it stood before the commencement of section 4 (a)(iii) of the Act of 2022) who is or was an employee— | ||
(a) made a protected disclosure within the meaning of section 5 (being that section in the terms as it stood before the commencement of section 6 of the Act of 2022) before the date of the passing of the Act of 2022, and | ||
(b) was penalised after the date of the passing of the Act of 2022 for having made such a disclosure. | ||
3. Subject as provided for therein, section 13 (amended by section 22 of the Act of 2022) shall apply where— | ||
(a) before the date of the passing of the Act of 2022, a worker within the meaning of section 3 (being that section in the terms as it stood before the commencement of section 4 (a)(iii) of the Act of 2022) made a protected disclosure within the meaning of section 5 (being that section in the terms as it stood before the commencement of section 6 of the Act of 2022), and | ||
(b) after the date of the passing of the Act of 2022, a person caused detriment— | ||
(i) to the worker for having made such a disclosure, or | ||
(ii) to another person because the worker made such a disclosure. | ||
4. Subject as provided for therein, section 12 (amended by section 21 of the Act of 2022) and Schedule 2 (amended by section 25 of the Act of 2022) shall apply to a person who— | ||
(a) was not a worker within the meaning of section 3 (being that section in the terms as it stood before the commencement of section 4 (a)(iii) of the Act of 2022), | ||
(b) made a disclosure of relevant information within the meaning of section 5(2) (being that section in the terms as it stood before the commencement of section 6 of the Act of 2022) before the commencement of section 4 (a)(iii) of the Act of 2022 (in this paragraph referred to as ‘the disclosure’), | ||
(c) if the disclosure had been made after the commencement of section 4 (a)(iii) of the Act of 2022, would— | ||
(i) fall within the definition of ‘worker’ in section 3 (amended by the said section 4 (a)(iii)), and | ||
(ii) be an employee to whom section 12 (amended by section 21 of the Act of 2022) and Schedule 2 (amended by section 25 of the Act of 2022) would apply, | ||
and | ||
(d) is penalised after the commencement of section 4 (a)(iii) of the Act of 2022. | ||
5. Subject as provided for therein, section 13 (amended by section 22 of the Act of 2022) shall apply where— | ||
(a) a person (in this section referred to as the ‘first-named person’)— | ||
(i) was not a worker within the meaning of section 3 (being that section in the terms as it stood before the commencement of section 4 (a)(iii) of the Act of 2022), | ||
(ii) made a disclosure of relevant information within the meaning of section 5(2) (being that section in the terms as it stood before the commencement of section 6 of the Act of 2022) before the commencement of section 4 (a)(iii) of the Act of 2022 (in this paragraph referred to as ‘the disclosure’), and | ||
(iii) if the disclosure had been made after the commencement of section 4 (a)(iii) of the Act of 2022, would fall within the definition of ‘worker’ in section 3 (amended by the said section 4 (a)(iii)), | ||
and | ||
(b) after the date of the passing of the Act of 2022, a person caused detriment— | ||
(i) to the first-named person for having made the disclosure, or | ||
(ii) to another person because the first-named person made the disclosure. | ||
6. Subject as provided for therein, section 12 (amended by section 21 of the Act of 2022) and Schedule 2 (amended by section 25 of the Act of 2022) shall apply where— | ||
(a) before the date of the passing of the Act of 2022, a worker within the meaning of section 3 (being that section in the terms as it stood before the commencement of section 4 (a)(iii) of the Act of 2022) who is or was an employee— | ||
(i) made a protected disclosure within the meaning of section 5 (being that section in the terms as it stood before the commencement of section 6 of the Act of 2022), and | ||
(ii) was penalised for having made such a disclosure, | ||
and | ||
(b) proceedings under section 12 (amended by section 21 of the Act of 2022) are initiated after the commencement of the said section 21 . | ||
7. Subject as provided for therein, section 13 (amended by section 22 of the Act of 2022) shall apply where— | ||
(a) before the date of the passing of the Act of 2022, a worker within the meaning of section 3 (being that section in the terms as it stood before the commencement of section 4 (a)(iii) of the Act of 2022)— | ||
(i) made a protected disclosure within the meaning of section 5 (being that section in the terms as it stood before the commencement of section 6 of the Act of 2022), and | ||
(ii) a person caused detriment— | ||
(I) to the worker for having made such a disclosure, or | ||
(II) to another person because the worker made such a disclosure. | ||
and | ||
(b) proceedings under section 13 (amended by section 22 of the Act of 2022) are initiated after the commencement of the said section 22 . | ||
8. Sections 14 and 15 shall apply where— | ||
(a) before the date of the passing of the Act of 2022, a disclosure of relevant information within the meaning of section 5(2)(being that section in the terms as it stood before the commencement of section 6 of the Act of 2022) was made by a person who— | ||
(i) was not a worker within the meaning of section 3 (being that section in the terms as it stood before the commencement of section 4 (a)(iii) of the Act of 2022), and | ||
(ii) would fall within the definition of ‘worker’ in section 3 (amended by the said section 4 (a)(iii)) if the disclosure had been made after the commencement of the said section 4 (a)(iii), | ||
and | ||
(b) proceedings under section 14 or 15, as the case may be, are initiated after the date of passing of the Act of 2022. | ||
9. Sections 16 (amended by section 16 of the Act of 2022), 16A and 16B shall apply to the following disclosures: | ||
(a) a protected disclosure within the meaning of section 5 (being that section in the terms as it stood before the commencement of section 6 of the Act of 2022) made before the date of the passing of the Act of 2022 by a worker within the meaning of section 3 (being that section in the terms as it stood before the commencement of section 4 (a)(iii) of the Act of 2022); | ||
(b) a disclosure of relevant information within the meaning of section 5(2) (being that section in the terms as it stood before the commencement of section 6 of the Act of 2022) made before the date of the passing of the Act of 2022 by a person who— | ||
(i) was not a worker within the meaning of section 3 (being that section in the terms as it stood before the commencement of section 4 (a)(iii) of the Act of 2022), and | ||
(ii) would fall within the definition of ‘worker’ in section 3 (amended by the said section 4 (a)(iii)) if the disclosure had been made after the commencement of the said section 4 (a)(iii). | ||
10. Notwithstanding the amendments of this Act made by the Act of 2022, and paragraphs 2 to 9, anything commenced under this Act but not completed before the commencement of those amendments may be carried on and completed after the commencement of those amendments as if those amendments had not been made.”. |