Protected Disclosures (Amendment) Act 2022

Record keeping

19. The following section is inserted after section 16B (inserted by section 18 ) but in Part 3 of the Principal Act:

“16C. (1) This section applies to a person to whom a report (including an anonymous report) is made or transmitted under this Act (in this section referred to as a ‘person to whom this section applies’).

(2) Subject to subsection (3), a person to whom this section applies shall keep a record of every report made or transmitted to the person under this Act.

(3) (a) A person to whom an anonymous report is made or transmitted under this Act shall make a record, in such form and manner as the person considers appropriate, of its receipt or transmission, as the case may be, and of such information relating to the report as that person considers necessary and appropriate for the purposes of the application of this Act should the reporting person be subsequently identified and penalised for having made the report.

(b) Records made under paragraph (a) shall be retained for no longer than is necessary and proportionate to comply with the provisions of this or any other enactment.

(4) Where a recorded telephone line or another recorded voice messaging system is used to make a report under this Act, subject to the consent of the reporting person, the person to whom this section applies may document the oral reporting in the form of—

(a) a recording of the conversation in a durable and retrievable form, or

(b) a complete and accurate transcript of the conversation prepared by the member of staff designated under section 6A, 7A, 10B, 10C, 10D or 10E for the purposes therein stated by the person to whom this section applies.

(5) Where an unrecorded telephone line or another unrecorded voice messaging system is used to make a report under this Act the person to whom this section applies may document the oral reporting in the form of accurate minutes of the conversation prepared in writing by the member of staff designated under section 6A, 7A, 10B, 10C, 10D or 10E for the purposes therein stated.

(6) Where a reporting person has disclosed his or her identity, and the person to whom this section applies has documented the reporting in the form of a transcript or minutes in accordance with subsection (4) or (5), as the case may be, the person to whom this section applies shall offer the reporting person the opportunity to check, rectify and agree by way of signature the transcript or minutes.

(7) Where a reporting person requests a meeting in person with a member of staff designated under section 6A, 7A, 10B, 10C, 10D or 10E for the purposes therein stated—

(a) the person to whom this section applies shall ensure, subject to the consent of the reporting person, that complete and accurate records of the meeting are kept in a durable and retrievable form, and

(b) the person to whom this section applies may document the meeting in the form of—

(i) an audio recording of the conversation in a durable and retrievable form, or

(ii) accurate minutes of the meeting prepared by a member of staff so designated,

and where the reporting person has disclosed his or her identity, the person to whom this section applies shall offer that reporting person the opportunity to check, verify and agree the minutes of the meeting by signing them.

(8) Reports referred to in subsection (1), shall be retained for no longer than is necessary and proportionate to comply with the provisions of this or any other enactment.

(9) Section 16 applies to records made and reports retained under this section.”.