Raising concerns with a Government Minister. Section 43E of the Public Interest Disclosure Act

Section 43E ERA of PIDA

43E. - A qualifying disclosure is made in accordance with this section if-

(a)  the worker's employer is-

  • an individual appointed under any enactment [including any enactment comprised in, or an instrument made under, an Act of the Scottish Parliament] by a Minister of the Crown [or a member of the Scottish Executive], or
  • a body any of whose members are so appointed, and
  • (b) the disclosure is made in good faith to a Minister of the Crown [or a member of the Scottish Executive].

Explanatory Note

In summary, where a worker is employed by an individual or a body appointed by a Minister of the Crown or a member of the Scottish Executive under statutory powers (e.g. which may include individuals who work for a government agency or quango, utility regulators, NHS Trusts, tribunals and non-departmental bodies etc.), then a disclosure made to a government minister or member of the Scottish Executive will be a protected disclosure.

DEFINITIONS

“disclosure” : s.43L(3)

“employer” : s.43K(2)

“qualifying disclosure” : s.43B

“worker” : s.43K(1)