[Part IVA Protected Disclosures] (ss [43A-[43L)
[Part IVA Protected Disclosures] (ss [43A-[43L)

[43A Meaning of “protected disclosure”]

[In this Act a “protected disclosure” means a qualifying disclosure (as defined by section 43B) which is made by a worker in accordance with any of sections 43C to 43H.]

[43B Disclosures qualifying for protection]

[(1)     In this Part a “qualifying disclosure” means any disclosure of information which, in the reasonable belief of the worker making the disclosure, [is made in the public interest and] tends to show one or more of the following—

(a)     that a criminal offence has been committed, is being committed or is likely to be committed,

(b)     that a person has failed, is failing or is likely to fail to comply with any legal obligation to which he is subject,

(c)     that a miscarriage of justice has occurred, is occurring or is likely to occur,

(d)     that the health or safety of any individual has been, is being or is likely to be endangered,

(e)     that the environment has been, is being or is likely to be damaged, or

(f)     that information tending to show any matter falling within any one of the preceding paragraphs has been, or is likely to be deliberately concealed.

(2)     For the purposes of subsection (1), 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.

(3)     A disclosure of information is not a qualifying disclosure if the person making the disclosure commits an offence by making it.

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