This section is relevant to every UK recognised body to the extent that the Public Interest Disclosure Act 1998 ("PIDA") applies to it.
The purposes of this section are to:
In this section "worker" includes, but is not limited to, an individual who has entered into a contract of employment.
In accordance with section 1 of PIDA:
a "protected disclosure" is a qualifying disclosure which meets the relevant requirements set out in part 4A of the Employment Rights Act 19963;3
a "qualifying disclosure" is a disclosure, made in the public interest3, of information which, in the reasonable belief of the worker making the disclosure, tends to show that one or more of the following (a "failure") has been, is being, or is likely to be, committed:3
a criminal offence; or
a failure to comply with any legal obligation; or
a miscarriage of justice; or
the putting of the health and safety of any individual in danger; or
damage to the environment; or
deliberate concealment relating to any of (a) to (e);
it is immaterial whether the relevant failure occurred, occurs or would occur in the United Kingdom or elsewhere, and whether the law applying to it is that of the United Kingdom or of any other country or territory.
UK recognised bodies are encouraged to consider adopting appropriate internal procedures which will encourage their workers with concerns to blow the whistle internally about matters which are relevant to the functions of the FCA.22
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