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Section 43L ERA Other interpretative provisions

43L.
(1) In this Part-
"qualifying disclosure" has the meaning given by section 43B;
"the relevant failure", in relation to a qualifying disclosure, has the meaning given by section 43B(5).

(2) In determining for the purposes of this Part whether a person makes a disclosure for purposes of personal gain, there shall be disregarded any reward payable by or under any enactment.

(3) Any reference in this Part to the disclosure of information shall have effect, in relation to any case where the person receiving the information is already aware of it, as a reference to bringing the information to his attention.

Explanatory Note

These are interpretative provisions.

Subs. (2)
Disclosures for personal gain only arise under ss.43G and 43H. The effect of this provision is where a regulator who is not prescribed under s.43F makes a reward, it shall not be a bar to protection. Such rewards are occasionally made by statutory agencies in return for information supplied.

Subs. (3)
This makes clear that the worker does not unwittingly lose protection against victimisation where the recipient of the information was already aware of the situation. It avoids any argument that in such a case there could in law be no disclosure.

Section 2 PIDA
Right not to suffer detriment