The Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2026
This Order updates the list of 'prescribed persons' under the Employment Rights Act 1996, granting legal protection to workers who blow the whistle to designated regulators and public bodies.
It adds the Building Safety Regulator, the Creative Industries Independent Standards Authority, the Independent Football Regulator, the Law Society, the Security Industry Authority, and the Secretary of State for Science, Innovation and Technology to the list.
Furthermore, it modifies the scope of protected disclosures for the Financial Conduct Authority, the Environment Agency, and several government departments while removing the Keeper of the Registers of Scotland.
Arguments For
The order provides legal protection for workers who disclose information to specific external bodies, as authorized by section 43F of the Employment Rights Act 1996.
Stated justifications include the need to update the list of prescribed persons to reflect the establishment of new regulatory bodies, such as the Building Safety Regulator and the Independent Football Regulator.
Provisions are updated to ensure the descriptions of matters for existing bodies, like the Environment Agency and Financial Conduct Authority, remain aligned with their current functions and regulatory scope.
Arguments Against
Legal commentators might note that the exclusion of a full impact assessment leaves the potential administrative burden on newly prescribed regulators unquantified.
The efficacy of the protections depends on workers maintaining a reasonable belief that their disclosure falls within a regulator's specific remit, which may be complex for layered organizations like the Law Society or FCA.
Changes to descriptions for bodies like the Environment Agency might create temporary uncertainty for whistleblowers regarding whether specific environmental omissions still fall under the prescribed list.
Citation, commencement and extent
- -(1) This Order may be cited as the Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2026.
(2) This Order comes into force on 2nd June 2026.
(3) This Order extends to England and Wales and Scotland.
This section establishes the official name of the order and sets the date it becomes legally active as 2 June 2026.
It specifies that the order applies to the legal jurisdictions of England, Wales, and Scotland.
Amendments to the Public Interest Disclosure (Prescribed Persons) Order 2014
- In the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 2014-
- (a) at the appropriate place insert-
'Building Safety Regulator.
Matters relating to-
- (a) building safety and building standards; and
(b) any activities not covered by (a) in relation to which the Building Safety Regulator has functions, including those under the Building Act 1984 and the Building Safety Act 2022.';
- (b) at the appropriate place insert-
'Creative Industries Independent Standards Authority.
Matters relating to compliance with the Creative Industries Independent Standards Authority's Standards (including in relation to harassment, discrimination, victimisation and risks to health or safety), by individuals or organisations in the film, television, music and theatre industries.';
- (c) for the entry relating to Environment Agency, in the second column substitute for the existing entry-
'Acts or omissions which have an actual or potential effect on the natural environment, including those relating to- (a) pollution control, regulating industry and waste, radioactive substances and treatment of contaminated land; (b) water quality and resources, including abstraction of water and flooding from rivers, reservoirs, estuaries and the sea; (c) conservation and ecology, including the regulation of freshwater fisheries and migratory salmon or trout; and (d) inland river, estuary and harbour navigations relating to the following locations- (i) Rye Harbour; (ii) Lydney Harbour; (iii) the Medway navigation within the meaning of section 32 of the Southern Water Authority Act 1982; (iv) Anglian recreational waterways for which the Environment Agency is the navigation authority under the Anglian Water Authority Act 1977; (v) the Thames within the meaning of section 4 of the Thames Conservancy Act 1932; and (vi) the principal rivers, upper rivers and the tributaries of the River Wye Catchment in relation to which the Environment Agency has functions under and by virtue of the Wye Navigation Order 2002.';
- (d) in the entry relating to the Financial Conduct Authority, in the second column after sub- paragraph (u), omit the 'and', and insert-
'(w) the conduct of providers of a post- trade risk reduction service within the meaning given by the Glossary of the FCA Handbook made by the Financial Conduct Authority under the Financial Services and Markets Act 2000 as it has effect on 2nd June 2026; (x) the conduct of cryptoasset businesses registered under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017; and (y) the conduct of persons subject to designated activity rules made under section 71N of the Financial Services and Markets Act 2000 by virtue of regulations 14, 15 and 17 of the Public Offers and Admissions to Trading Regulations 2024.';
- (e) at the appropriate place insert-
'Independent Football Regulator.
Matters relating to the functions of the Independent Football Regulator under the Football Governance Act 2025.';
(f) omit the entry relating to the Keeper of the Registers of Scotland;
(g) at the appropriate place insert-
'The Law Society, including any duly constituted committee of the Law Society and any body or person exercising delegated powers of the Law Society, including the Solicitors Regulation Authority.
Matters relating to the regulation of the following persons and bodies by the Law Society- (a) authorised persons within the meaning of section 18 of the Legal Services Act 2007; (b) regulated persons within the meaning of section 21(3) of the Legal Services Act 2007; (c) licensed bodies within the meaning of section 71(2) of the Legal Services Act 2007; (d) recognised bodies within the meaning of section 9(8) of the Administration of Justice Act 1985; (e) sole solicitors within the meaning of section 87(1) of the Solicitors Act 1974; (f) registered foreign lawyers within the meaning of section 89 of the Courts and Legal Services Act 1990; (g) European lawyers registered with the Law Society under the European Communities (Lawyer's Practice) Regulations 2000; and (h) Swiss qualified lawyers who are registered with the Law Society.';
(h) in the entry relating to the Office of Communications, in the second column- (i) omit the 'and' after sub-paragraph (f); (ii) after sub-paragraph (g), insert- '; and (h) any activities not covered by (a) to (g) in relation to which the Office of Communications has functions.';
(i) in the entry relating to the Scottish Social Services Council, in the second column substitute for the existing entry-
'Matters relating to the registration of social workers, social service workers and others by the Scottish Social Services Council under the Regulation of Care (Scotland) Act 2001.';
- (j) in the entry relating to the Secretary of State for Energy Security and Net Zero, in the second column substitute for the existing entry-
'Matters relating to- (a) the functions of the Secretary of State for Energy Security and Net Zero as a designated competent authority under the Network and Information Systems Regulations 2018; and (b) fraud and other misconduct related to energy and net zero schemes and programmes administered, funded or sponsored by the Department for Energy Security and Net Zero.';
- (k) at the appropriate place insert-
'Secretary of State for Science, Innovation and Technology.
Matters relating to fraud and other misconduct related to science and innovation schemes and programmes administered, funded or sponsored by the Department for Science, Innovation and Technology.';
(l) in the entry relating to the Secretary of State for Transport, in the second column- (i) omit the 'and' after sub-paragraph (c); (ii) after sub-paragraph (d) insert- '; and (e) delivery and inspection of local government active travel schemes funded by the Department for Transport.';
(m) at the appropriate place insert-
'Security Industry Authority.
Matters relating to the functions of the Security Industry Authority relating to- (a) offences under the Private Security Industry Act 2001; (b) whether an individual or business is fit and proper for the purpose of holding a licence or obtaining approval; and (c) conduct which may undermine the regulation of security operatives and approved providers.';
This section modifies the list of entities to which workers can make protected disclosures.
It adds new regulatory bodies, such as those governing building safety, professional standards in creative industries, and football governance.
It also expands or clarifies the remit for existing bodies like the FCA and the Law Society to include contemporary issues like cryptoasset regulation and solicitor conduct, while removing the Keeper of the Registers of Scotland from the list.
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