Protected Disclosures (Amendment) Act 2022

Amendment of section 21 of Principal Act

28. (1) The following section is substituted for section 21 of the Principal Act:

“Guidance

21. (1) The Minister may issue guidance for the purpose of assisting—

(a) public bodies in the performance of their functions under sections 6 and 6A,

(b) prescribed persons in the performance of their functions under sections 7 and 7A,

(c) the Commissioner in the performance of his or her functions under sections 7, 7A, 10B, 10C and 10D,

(d) other suitable persons (within the meaning of section 10C or 10D, as the case may be) to whom a report is transmitted by the Commissioner under section 10C(1)(b) or 10D(1)(b)(ii) in the performance of their functions under section 10E, and

(e) Ministers of the Government in respect of the information required to be provided under section 8(4),

and may from time to time revise or re-issue such guidance.

(2) Public bodies, prescribed persons, the Commissioner and other suitable persons (within the meaning aforesaid) shall have regard to any guidance issued under subsection (1) in the performance of their functions under this Act.

(3) The Minister shall publish or cause to be published guidance issued under subsection (1) in such form and manner, including on a website maintained by or on behalf of the Minister, as the Minister considers appropriate.”.

(2) Notwithstanding the amendment of section 21 of the Principal Act by subsection (1), any guidance issued by the Minister under subsection (3) of the said section 21 as it stood enacted before the commencement of this section shall continue to apply, as appropriate, until the Minister issues guidance under paragraph (a) or (b), as the case may be, of the said section 21 after the commencement of this section.