The Ministry of Defence Police (Conduct etc.) Regulations 2015

• (5) In any case where a statement under regulation 45(1)(b) has been made by the Ombudsman, the relevant authority must consult with the Ombudsman before making a direction under paragraph (1).

Notice of special case hearing

48

• (1) The relevant authority must specify a date for the special case hearing to commence, which must be not fewer than 10 and not more than 15 working days beginning with the first working day after the date on which notice was given under regulation 46.

• (2) The relevant authority must immediately notify the officer concerned of—

• (a) the date, time and place of that hearing; and

• (b) the effect of regulation 10 (police friend and legal representation).

• (3) Where the Director General or the Ombudsman is entitled to attend the special case hearing to make representations (regulation 54) ... the relevant authority must notify the Director General or the Ombudsman of the date, time and place of the hearing.

• (4) In any special case hearing arising from a case which has been investigated under external procedures, the relevant authority must notify the complainant and all interested persons of the date, time and place of the special case hearing.

Procedure on receipt of notice of special case hearing

49

• (1) Before the end of 7 working days beginning with the first working day after the written notice given to the officer concerned under regulation 46(1), the officer concerned must provide to the relevant authority—

• (a) written notice of whether or not the officer accepts that the conduct amounts to gross misconduct;

• (b) where the officer accepts that the conduct amounts to gross misconduct, any written submission the officer wishes to make in mitigation;

• (c) where the officer does not accept that the conduct amounts to gross misconduct, or the officer disputes part of the case, written notice of—

• (i) the allegations the officer disputes and the officer’s account of the relevant events; and

• (ii) any arguments on points of law the officer wishes to be considered by the person or persons conducting the special case hearing.

• (2) Within the same time period, the officer concerned must give the relevant authority and the person conducting or chairing the special case hearing a copy of any document the officer intends to rely on at the hearing.

Person conducting special case hearing: officers other than senior officers

50

• (1) This regulation applies where the officer concerned is an officer other than a senior officer.

• (2) Subject to paragraph (3), the special case hearing must be conducted by the chief constable.

• (3) Where the chief constable is an interested party or is unavailable, the special case hearing must be conducted by the chief officer of police of a relevant force.

Persons conducting special case hearing: senior officers

51

• (1) Where the officer concerned is a senior officer, the special case hearing shall be conducted by a panel of persons specified in paragraph (2), appointed by the relevant authority.

• (2) Those persons are—

• (a) a chair selected by the relevant authority from a list of persons who satisfy the judicial-appointment eligibility condition on a 7-year basis and have been nominated by the Secretary of State for the purposes of these Regulations;

• (b) the Inspector of Constabulary; and

• (c) a person selected by the relevant authority from a list of candidates maintained by MOD Police Committee.

Documents to be supplied

52

• (1) Prior to the special case hearing the relevant authority must give the person or persons conducting the special case hearing a copy of—

• (a) the notice and other documents given to the officer concerned under regulation 46 (notice of referral to special case hearing);

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) the documents provided by the officer concerned under—

• (i) regulation 49 (procedure on receipt of notice of special case hearing); and

• (ii) where paragraph (2) applies, regulation 26(3) and (4) (procedure on receipt of notice);

• (d) where the officer concerned does not accept that the conduct amounts to gross misconduct, any other document that, in the opinion of the relevant authority, should be considered at the hearing.

• (2) This paragraph applies where the case was certified as a special case following a determination made under regulation 45(3) (delayed disciplinary proceedings).

• (3) Prior to the hearing the relevant authority must give the officer concerned a list of the documents given under paragraph (1) and a copy of any document given under paragraph (1)(d).

Attendance of officer concerned at special case hearing

53

• (1) Subject to paragraph (2), the officer concerned must attend the special case hearing.

• (2) Where the officer concerned informs the person conducting or chairing the special case hearing in advance that the officer concerned is unable to attend, on grounds which the person conducting or chairing the hearing considers reasonable, that person may allow the officer concerned to participate in the hearing by video link or other means.

• (3) Where the officer concerned participates in the special case hearing by video link or other means, or fails to attend the special case hearing—

• (a) the officer may nonetheless be represented at that hearing by the—

• (i) police friend; or

• (ii) relevant lawyer (in which case the police friend may also attend); and

• (b) the hearing may be proceeded with and concluded in the absence of the officer concerned whether or not the officer is so represented.

• (4) Where the officer concerned—

• (a) attends the proceedings by video link or other means, and

• (b) is represented in accordance with paragraph (3)(a),

the relevant lawyer or the police friend, or both, may participate using the video link or other means as are used by the officer concerned.

Participation of Commission or the Ombudsman and investigator at special case hearing

54

• (1) In any case where the Director General has made a statement under regulation 45(1)(b) (view that special conditions satisfied), the Director General may attend the special case hearing to make representations.

• (2) In any case where the Ombudsman has made a statement under regulation 45(1)(b) (view that special conditions satisfied), the Ombudsman may attend the special case hearing to make representations.

• (3) Where the Director General or Ombudsman intends to attend the special case hearing—

• (a) the Director General or Ombudsman (as the case may be) must notify—

• (i) the complainant or any interested person, and

• (ii) the person conducting or chairing the hearing,

prior to the hearing; and

• (b) the person conducting or chairing the hearing must notify the officer concerned prior to the hearing.

• (4) Where the Director General or Ombudsman attends a misconduct hearing, the Director General or Ombudsman (as the case may be) may be represented by a relevant lawyer.

• (5) The investigator or a nominated person must attend the special case hearing on the request of the person conducting or chairing the hearing to answer questions.

• (6) In this regulation, a “nominated person” means a person who, in the opinion of—

• (a) the relevant authority,

• (b) in a case where the Director General has made a statement under regulation 45(1)(b), the Director General, or

• (c) in a case where the Ombudsman has made a statement under regulation 45(1)(b), the Ombudsman investigated the case, the Ombudsman,

has sufficient knowledge of the investigation of the case to be able to assist the person or persons conducting the misconduct proceedings.

Attendance of complainant and interested persons at special case hearing

55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Attendance of others at special case hearing

56

• (1) Subject to paragraph (2) and any direction to the contrary given under regulation 24A, a special case hearing must be held in public.

• (2) The person conducting or chairing the special case hearing may—

• (a) exclude from the whole or a part of the hearing any person who would otherwise be entitled to attend the hearing by virtue of paragraph (1) so far as that person considers necessary—

• (i) in the interests of justice;

• (ii) to protect the Convention rights of any person; or

• (iii) where the proceedings involve confidential information and publicity would damage that confidentiality; and

• (b) in order to facilitate the proper conduct of the hearing, impose conditions relating to the attendance at the hearing of any person who is entitled to attend the hearing by virtue of paragraph (1).

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure at special case hearing

57

• (1) Subject to these Regulations, the person conducting or chairing a special case hearing may determine the procedure at that hearing.

• (2) A special case hearing may not proceed unless the officer concerned has been notified of the effect of regulation 10 (police friend and legal representation).

• (3) Subject to paragraph (4), the person conducting or chairing a special case hearing may from time to time adjourn the hearing if it appears to be necessary or expedient to do so.

• (4) A special case hearing may not, except in exceptional circumstances, be adjourned solely to allow the complainant or any interested person to attend.

• (5) No witnesses other than the officer concerned may give evidence at a special case hearing.

• (6) The person representing the officer concerned may—

• (a) address the hearing in order to do any or all of the following—

• (i) put the case of the officer concerned;

• (ii) sum up that case;

• (iii) respond on behalf of the officer concerned to any view expressed at the proceedings; and

• (iv) make representations concerning any aspect of the proceedings; and

• (b) confer with the officer concerned.

• (7) Where the person representing the officer concerned is a relevant lawyer, the police friend of the officer concerned may also confer with the officer concerned.

• (8) The police friend or relevant lawyer of the officer concerned may not answer any questions asked of the officer concerned during the special case hearing.

• (8A) The person conducting or chairing the special case hearing may allow any document to be considered at the hearing notwithstanding that a copy of it has not been—

• (a) supplied to the officer concerned in accordance with regulation 46(1)(b); or

• (b) given by the officer concerned to the relevant authority in accordance with regulation 49(2).

• (9) This paragraph applies where evidence is given at the special case hearing that the officer concerned—

• (a) was given written notice to attend an interview with an investigator (whether under regulation 21(5) or any equivalent notice given under external procedures) but failed to attend that interview;

• (b) on being questioned by an investigator at any time after the officer was given written notice of investigation (whether under regulation 19(1) or any equivalent notice given under external procedures) failed to mention any fact relied on at the misconduct proceedings, being a fact which in the circumstances existing at the time, the officer concerned could reasonably have been expected to mention when so questioned; or

• (c) in submitting any information or by not submitting any information at all under—

• (i) regulation 20(1) (representations to the investigator),

• (ii) regulation 49 (procedure on receipt of notice of special hearing),

• (iii) any equivalent opportunities to submit information under external procedures,

failed to mention any fact relied on at the special case hearing, being a fact which in the circumstances existing at the time, the officer concerned could reasonably have been expected to mention when providing such information.

• (10) Where paragraph (9) applies, the person or persons conducting the special case hearing may draw such inferences from the failure as appear proper.

• (11) The person or persons conducting the special case hearing must review the facts of the case and decide whether or not the conduct of the officer concerned amounts to gross misconduct.

• (12) The person or persons conducting the special case hearing must not find that the conduct of the officer concerned amounts to gross misconduct unless—

• (a) they are satisfied on the balance of probabilities that this is the case; or

• (b) the officer concerned admits it is the case.

• (13) At a special case hearing conducted by a panel, the decision of the panel may be based on a majority (with the chair having the casting vote if necessary).

Senior officers: meeting of MOD Police Committee to consider disciplinary action

58

• (1) Where the officer concerned is a senior officer, the persons conducting the special case hearing must, as soon as reasonably practicable after the hearing—

• (a) submit to the MOD Police Committee a report setting out—

• (i) the finding of the persons conducting the hearing (regulation 57(11));

• (ii) the reasons for that finding;

• (iii) in the case of a finding that the conduct of the officer concerned amounted to gross misconduct, a recommendation as to any disciplinary action which in their opinion should be imposed; and

• (iv) any other matter arising out of the hearing which they desire to bring to the notice of the relevant authority; and

• (b) provide to the MOD Police Committee a copy of the direction (if any) given under regulation 45A(1).

• (2) Where a report is submitted under paragraph (1), the persons conducting the special case hearing must send a copy to—

• (a) the officer concerned; and

• (b) if the Director General or Ombudsman was entitled to attend to make representations (regulation 54(1) or (2)), to the Director General or Ombudsman.

• (3) On receiving a report under paragraph (1) the MOD Police Committee must hold a further hearing for the purpose of considering what disciplinary action (if any) should be imposed.

• (4) The provisions of these Regulations specified in paragraph (5) apply, with the modifications specified in paragraph (6), to a further hearing under paragraph (3) as if it was a special case hearing.

• (4A) The MOD Police Committee may appoint a person (who may be a relevant lawyer) to advise it at the further hearing.

• (5) The provisions are—

• (a) regulation 10 (police friend and legal representation);

• (b) regulation 12 (provision of notices or documents);

• (c) regulation 13 (outstanding or possible criminal proceedings);

• (ca) regulation 45A (national security: power to give directions in relation to special case hearings);

• (d) regulation 48 (notice of special case hearing);

• (da) regulation 52A (notification of special case hearings);

• (e) regulation 53 (attendance of officer concerned at special case hearing);

• (f) regulation 54 (participation of Director General or Ombudsman and investigator at special case hearing);

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) regulation 56 (attendance of others at special case hearing);

• (i) regulation 57(1) to (10) (procedure at special case hearing); and

• (j) regulation 61 (record of special case hearing).

• (6) The modifications are that—

• (a) each reference to the person conducting or chairing the special case hearing has effect as a reference to ... the MOD Police Committee; ...

• (aa) in regulation 45A, in paragraphs (3) and (4), “conducting or” is omitted.

• (b) in regulation 48(1) the reference to the date on which notice was given under regulation 46 has effect as a reference to the date on which the report is submitted under paragraph (1) of this Regulation;

• (c) in regulation 52A—

• (i) paragraph (2)(b) is omitted;

• (ii) in paragraph (3), “, having been informed of the specified date,” is omitted;

• (iii) paragraph (5)(b) is omitted.

Outcome of special case hearing

59

• (1) Where the person or persons conducting a special case hearing in the case of an officer other than a senior officer find that the conduct of that officer amounts to gross misconduct, they must impose disciplinary action, which may be—

• (a) subject to paragraphs (3) and (4), a final written warning;

• (b) extension of a final written warning in accordance with paragraph (3); or

• (c) dismissal without notice.

• (2) At a further hearing for a senior officer, if the report submitted under regulation 58(1) contained a finding that the conduct of the officer amounts to gross misconduct, the MOD Police Committee must impose disciplinary action, which may be—

• (a) subject to paragraphs (3) and (4), a final written warning;

• (b) extension of a final written warning in accordance with paragraph (3); or

• (c) dismissal without notice.

• (3) Where, on the assessment date, the officer concerned had a final written warning in force—

• (a) a final written warning shall not be given; but

• (b) subject to paragraph (5), in exceptional circumstances, the final written warning may be extended.

• (4) Where a final written warning is extended under paragraph (3), that warning remains in force for a period of 18 months from the date on which it would otherwise expire.

• (5) A final written warning may be extended on one occasion only.

• (6) Where the person or persons conducting the special case hearing in the case of an officer other than a senior officer find that the conduct of the officer concerned does not amount to gross misconduct, they may—

• (a) dismiss the case; or

• (b) return the case to the relevant authority to deal with in accordance with Part 4 at a misconduct meeting or, if the officer concerned had a final written warning in force at the assessment date, at a misconduct hearing.

• (7) At a further hearing for a senior officer, if the report under regulation 58(1) contained a finding that the conduct of the officer concerned does not amount to gross misconduct, the MOD Police Committee may—

• (a) dismiss the case; or

• (b) deal with the case in accordance with Part 4 at a misconduct meeting or, if the officer concerned had a final written warning in force at the assessment date, at a misconduct hearing.

• (8) Where the case is returned to the relevant authority under paragraph (6)(b) or dealt with by the MOD Police Committee under paragraph (7)(b), the relevant authority must proceed in accordance with Part 4, subject to regulation 23(1) being read as if the following are omitted—

• (a) the words “regulation 45 (referral of case to special case hearing) and” and “on receipt of”; and

• (b) sub-paragraphs (a), (b) and (c).

• (9) Except in the case of extending a final written warning, the disciplinary action has effect from the date on which it is notified to the officer concerned.

• (10) Where the question of disciplinary action is being considered, the person or persons considering it—

• (a) must have regard to the record of police service of the officer concerned as shown on the officer’s personal record;

• (b) may consider such documentary evidence as would, in their opinion, assist them in determining the question; and

• (c) must give—

• (i) the officer concerned, and

• (ii) the officer’s police friend or the relevant lawyer,

an opportunity to make oral or written representations.

Notification of outcome

60

• (1) The relevant authority must inform the officer concerned in writing of—

• (a) the finding of the person or persons conducting the special case hearing;

• (b) the reasons for that finding; and

• (c) in a case other than one to which regulation 58 (senior officers: further hearing of MOD Police Committee to consider disciplinary action) applies, any disciplinary action imposed under regulation 59(1) (outcome of special case hearing) or any action taken under regulation 59(6),

as soon as reasonably practicable and in any event before the end of 5 working days beginning with the first working day after the conclusion of the special case hearing.

• (2) In a case to which regulation 58 applies ..., the relevant authority must inform the officer concerned in writing of —

• (a) any disciplinary action imposed under regulation 59(2) or any action taken under regulation 59(7),

• (b) the reasons for such action,

as soon as reasonably practicable, and in any event before the end of 5 working days beginning with the first working day after the conclusion of the further hearing.

• (3) A notice under paragraph (1) or (2) must include notice of the right of the officer concerned to an appeal hearing.

• (4) The relevant authority must send a copy of any notice under paragraph (1) or (2) to—

• (a) the Director General or the Ombudsman, in any case in which the Director General or the Ombudsman was entitled to attend the special case hearing to make representations (regulation 54); and

• (b) to the complainant and any interested person, in any case which has been investigated under external procedures.

• (5) If the disciplinary action imposed as a result of the special case hearing or the further hearing under regulation 58(3) is dismissal (whether with or without notice), the relevant authority must send a copy of the written information provided to the officer concerned in accordance with paragraph (1) or (2) to the College of Policing.

Record of special case hearing

61

• (1) The relevant authority must ensure that a verbatim record of the proceedings at the special case hearing is taken.

• (2) The relevant authority must, if the officer concerned so requests, give the officer concerned a copy of the record of the proceedings at the conclusion of the special case hearing.

PART 6 — Record Keeping

Record of disciplinary proceedings

62

• (1) The chief constable must cause a record to be kept for seven years of disciplinary proceedings and special case proceedings brought under these Regulations, together with the finding and decision on disciplinary action and any decision made at an appeal hearing.

• (2) Where the officer concerned is the chief constable, the MOD Police Committee must cause such a record to be kept.

PART 7 — Amendments

Amendment of the Appeal Regulations

63

Schedule 2 (amendment of the Appeal Regulations) has effect.

Amendment of the Performance Regulations

64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 1 — Standards of Professional Behaviour

• Honesty and IntegrityMDP officers are honest, act with integrity and do not compromise or abuse their position.

• Authority, Respect and CourtesyMDP officers act with self-control and tolerance, treating members of the public and colleagues with respect and courtesy.MDP officers do not abuse their powers or authority and they respect the rights of all individuals.

• Equality and DiversityMDP officers act with fairness and impartiality. They do not discriminate unlawfully or unfairly.

• Use of ForceMDP officers only use force to the extent that it is necessary, proportionate and reasonable in all the circumstances.

• Orders and InstructionsMDP officers only give and carry out lawful orders and instructions.MDP officers abide by police regulations, force policies and lawful orders.

• Duties and ResponsibilitiesMDP officers are diligent in the exercise of their duties and responsibilities.

• ConfidentialityMDP officers treat information with respect and access or disclose it only in the proper course of police duties.

• Fitness for DutyMDP officers when on duty or presenting themselves for duty are fit to carry out their responsibilities.

• Discreditable ConductMDP officers behave in a manner which does not discredit the police service or undermine public confidence in it, whether on or off duty.MDP officers report any action taken against them for a criminal offence, any conditions imposed on them by a court or the receipt of any penalty notice.

• Challenging and Reporting Improper ConductMDP officers report, challenge or take action against the conduct of colleagues which has fallen below the Standards of Professional Behaviour.

SCHEDULE 2 — Amendments of the Appeal Regulations

Interpretation

1

In this Schedule, “the Appeal Regulations” means the Ministry of Defence Appeals Tribunals Regulations 2009[^f00014].

Amendments in relation to interpretation

2

• (1) Regulation 3 of the Appeal Regulations is amended as follows.

• (2) At appropriate places, insert—

• “the 1998 Act” means the Police (Northern Ireland) Act 1998[^f00015];

• “the 2013 Order” means the Independent Police Complaints Commission (Forces Maintained Otherwise than by Local Policing Bodies) Order 2013[^f00016];

• “police officer” means a member of the Ministry of Defence Police;

• (3) For the definition of “Conduct Regulations” substitute—

• “Conduct Regulations” means the Ministry of Defence Police (Conduct) Regulations 2015[^f00017];

• (4) For the definition of “specified appeal” substitute—

• “specified appeal” means an appeal where the relevant decision was made in any case which was investigated—under procedures established with the Commission in accordance with article 3 of the 2013 Order;under procedures established with the Ombudsman in accordance with an agreement made under section 60(1) of the 1998 Act;

Amendment to circumstances in which an appeal may be made to a tribunal

3

For regulation 4(4)(c) of the Appeal Regulations substitute—

(c) that there was a breach of the Conduct Regulations, or other unfairness which could have materially affected the finding or disciplinary action imposed.

Amendment in relation to appeals against a finding etc under the Performance Regulations

4

In regulation 4A(5) of the Appeal Regulations after “unsatisfactory performance” insert “or attendance”.

Amendments in relation to appointment and composition of police appeals tribunal

5

• (1) For regulation 5(2)(a) and (b) of the Appeal Regulations substitute—

(a) one (who shall be the chair) must be chosen from a list of persons who satisfy the judicial-appointment eligibility criterion on a 5-year basis and have been nominated by the Secretary of State for the Home Department for the purposes of these Regulations; (b) one must be Her Majesty’s Chief Inspector of Constabulary appointed under section 54(1) of the Police Act 1996[^f00018] (appointment and functions of inspectors of constabulary) or an inspector of constabulary nominated by the Chief Inspector of Constabulary; and (c) one must be a person chosen from a list of candidates maintained by the MOD Police Committee.

• (2) Omit regulation 5(3) of the Appeal Regulations.

• (3) For regulation 5(4) of the Appeal Regulations substitute—

(4) If the appellant was a police officer (other than a senior officer) serving in England and Wales or Northern Ireland immediately before the original hearing, the tribunal is to consist of three members appointed by the Head of HR, of whom— (a) one must be a person chosen from the list referred to in paragraph (2)(a); (b) one must be a senior officer who is— (i) from an alternative police force other than the Police Service of Scotland, and (ii) not based in Scotland; and (c) one must be either— (i) a retired member of the force, or (ii) a retired member of an alternative police force other than the Police Service of Scotland, who, at the time of retirement, was a member of an appropriate staff association and not based in Scotland. (4A) If the appellant was a police officer (other than a senior officer) serving in Scotland immediately before the original hearing, the tribunal is to consist of three members appointed by the Head of HR, of whom— (a) one must be a person chosen from a list of persons who have been nominated by the Lord President of the Court of Session for the purposes of Schedule 3 to the 2012 Act; (b) one must be a senior officer from the Police Service of Scotland; and (c) one must be a retired member of— (i) the force, (ii) the Police Service of Scotland, or (iii) a police force maintained under section 1 of the 1967 Act, who at the time of retirement was a member of an appropriate staff association.

• (4) In regulation 5(6) of the Appeal Regulations —

• (a) in sub-paragraph (b) after “1996 Act” insert “, the metropolitan police force or the City of London police force”;

• (b) in sub-paragraph (c) omit “a member of a police force maintained under section 2 of the 1996 Act”;

• (c) after sub-paragraph (d) add—

(e) the Police Federation for Scotland where the panel member was at the time of retirement a member of the Police Service of Scotland or a police force maintained under section 1 of the 1967 Act.

• (5) Omit regulation 5(7).

Amendment in relation to procedure on notice of appeal

6

For regulation 9(2)(a) of the Appeal Regulations substitute—

(a) a copy of the notification of outcome provided under regulation 40(1) or 60(1) of the Conduct Regulations or regulation 37(3) of the Performance Regulations;

Amendment in relation to notice of the hearing

7

In regulation 14(2)(a) of the Appeal Regulations after “regulation 4(4)(b)” insert “or 4A(6)(b)”.

Amendment in relation to legal and other representation

8

For regulation 15(5) of the Appeal Regulations substitute—

(5) Where a police friend is a police officer or a staff member, that person may use a reasonable amount of duty time for the purposes referred to in this regulation.

Amendment in relation to attendance of complainant at hearing

9

For regulation 19(1) of the Appeal Regulations substitute—

(1) This regulation applies in relation to any hearing where the relevant decision arose from a complaint to the Commission or Ombudsman.

Amendments in relation to tribunal’s determination

10

• (1) After regulation 22(1) of the Appeal Regulations insert—

(1A) Where the tribunal determines that a ground of appeal under regulation 4(4)(b) or (c) or regulation 4A(6)(b) or (c) has been made out, the tribunal may set aside the relevant decision and remit the matter to be decided again in accordance with the relevant provisions of the Conduct Regulations or the Performance Regulations. (1B) Where the tribunal remits the matter under paragraph (1A)— (a) any misconduct meeting for the matter must be conducted by a person other than the person who made the relevant decision; (b) any misconduct hearing for the matter must be conducted by a panel which does not include any person who was on the panel that made the relevant decision.

• (2) For regulation 22(2) of the Appeal Regulations substitute—

(2) The determination of the tribunal may be based on a majority (with the chair having the casting vote if necessary).

• (3) Omit regulation 22(3) of the Appeal Regulations.

• (4) For regulation 22(6) of the Appeal Regulations substitute—

(6) Where regulation 19(1) applies, the Head of HR must notify the complainant and any interested party of the decision of the tribunal.

SCHEDULE 3 — Amendments of the Performance Regulations

Amendment in relation to application

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments in relation to interpretation and delegation

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment in relation to suspension of certain periods

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

New provisions in relation to the Commission

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment in relation to arrangement of first stage meeting

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments in relation to requiring a third stage meeting without prior first or second stage meeting

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments in relation to arranging a third stage meeting without prior first or second stage meeting

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment in relation to timing and notice of third stage meeting

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment in relation to postponement and adjournment of third stage meeting

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

New provisions in relation to attendance and participation at third stage meetings

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure at third stage meeting

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment in relation to outcomes

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

Signed on behalf of the Secretary of State

Anna Soubry — Minister for Defence Personnel, Welfare and Veterans — Ministry of Defence — 2015-01-11

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations revoke and re-enact with modifications the Ministry of Defence Police (Conduct) Regulations 2009, and also make amendments to the Ministry of Defence Appeals Tribunals Regulations 2009 (“the Appeal Regulations”) (see Schedule 2), and to the Ministry of Defence (Performance) Regulations 2012 (“the Performance Regulations) (see Schedule 3). The purpose of the modifications and amendments is to reflect, to the extent possible, changes made to equivalent legislation which governs police forces in England and Wales. That equivalent legislation is the Police Appeals Tribunals Rules 2012[^f00022], the Police (Performance) Regulations 2012[^f00023], and the Police (Conduct) Regulations 2012[^f00024]. In particular, the amendments make further provision for the role of the Independent Police Complaints Commission (“the Commission”).

These Regulations establish procedures for the taking of disciplinary proceedings in respect of the conduct of members of the Ministry of Defence Police (“MDP officers”). They apply to all MDP officers, although for senior officers (an MDP officer above the rank of chief superintendent), the persons dealing with some of the proceedings differ. These Regulations apply (see regulation 9) where an allegation comes to the attention of a relevant authority which indicates that the conduct of an MDP officer may amount to misconduct or gross misconduct .

Serious cases of misconduct may be investigated either by the Commission, under procedures established between the Commission and the Secretary of State in accordance with article 3 of the Independent Police Complaints Commission (Forces Maintained Otherwise than by Local Policing Bodies) Order 2013[^f00025], or by the Police Ombudsman for Northern Ireland (“the Ombudsman”) under procedures established between the Secretary of State and the Ombudsman under section 60(1) of the Police (Northern Ireland) Act 2013. These Regulations apply to cases made under these external procedures, but specific provision is made with regard to them.

Part 1 deals with preliminary matters, including transitional provisions and the definition of terms used in the Regulations. Regulation 8 also makes provision in relation to the delegation of the functions of the chief constable for the Ministry of Defence Police and the Ministry of Defence Police Committee under these Regulations.

Part 2 deals with general matters. Regulation 10 makes provision about the role of the police friend and the right to legal representation. Regulation 12 deals with the provision of notices or documents. Regulation 13 provides that disciplinary or special case proceedings should proceed notwithstanding any criminal proceedings unless the relevant authority considers they would prejudice such criminal proceedings. Regulation 14 makes provision in relation to the suspension of an MDP officer.

Part 3 deals with the investigation of conduct allegations. It does not apply to those cases which are investigated under procedures established with the Commission or the Ombudsman. Regulation 16 provides that the relevant authority must make a preliminary assessment as to whether the conduct, if proved, would amount to misconduct, gross misconduct or neither, and sets out what action must or may be taken as a consequence of that assessment. Regulation 17 deals with the appointment of an investigator who, subject to conditions, may be an MDP officer, another person employed in the Ministry of Defence Police or any other person.Regulation 18 sets out the purpose of the investigation. Regulation 19 provides for notice to be given to the officer concerned that there is to be an investigation and describes what must be set out in that notice. Regulation 20 provides that the investigator must consider any suggestions as to lines of inquiry made by the officer concerned within the given time limit. Regulation 21 deals with interviews and regulation 22 with the investigation report.

Part 4 deals with the conduct of proceedings. Regulation 23 provides that on receipt of the investigator’s report (made under regulation 22) or a report of an investigation made under procedures established with the Commission or the Ombudsman, the relevant authority must determine whether or not there is a case to answer in respect of misconduct or gross misconduct, and makes provision about the referral of a case to a misconduct meeting or misconduct hearing. Where there is no case to answer, the relevant authority may take no further action, may take management action or may refer the matter to be dealt with under the Performance Regulations. Where there is a case to answer for gross misconduct, the relevant authority must refer the case to a misconduct hearing. Where there is a case to answer for misconduct, the relevant authority may refer the case to misconduct proceedings (either a hearing or, more normally, a meeting) or take management action.

Regulation 24 deals with when and how cases may be withdrawn before the start of misconduct meetings; and what action may be taken. Regulation 25 provides that notice must be given to the officer concerned of the referral of their case to misconduct proceedings and provides that the officer may object to the persons appointed to deal with the case. Regulation 26 sets out the information to be provided by the officer concerned on receipt of a notice under regulation 25. Regulation 27 provides that the person conducting or chairing the misconduct proceedings will decide whether any witnesses will attend the proceedings, and that a witness may only attend where it is reasonably believed to be necessary. Regulation 28 deals with the timing and notice of the misconduct proceedings. Regulations 29 and 30 set out the person(s) who will conduct the misconduct proceedings. Regulations 32 to 36 deal with who must and who may attend those proceedings. Regulation 37 covers the procedure at the proceedings.

Regulation 39 deals with the outcomes following misconduct proceedings. At a misconduct meeting the disciplinary action that may be imposed is management advice, a written warning or a final written warning. Such action is also available at a misconduct hearing, along with dismissal with or without notice or, in exceptional circumstances, the extension of a final written warning. Regulation 40 deals with the notice to be provided to the officer of the outcome of the misconduct proceedings. Regulation 41 makes provision for the record of the proceedings, which the officer must on request be supplied with. Regulations 42 to 44 deal with an appeal by a non senior officer from a misconduct meeting.

Part 5 deals with the procedures for special case hearings for those cases where there is written or documentary evidence to establish gross misconduct on the balance of probabilities and it is in the public interest for the officer concerned to cease to be an MDP officer without delay if the case is proven. Procedures for these cases are fast tracked and there are no witnesses at the hearing.

Part 6 requires that a record be kept for seven years of all proceedings under these Regulations and related appeals.

Part 7 gives effect to the amendments in Schedule 2 and 3.

Schedule 1 sets out the standards of professional behaviour expected of MDP officers, breach of which constitutes misconduct and a breach of which so serious that dismissal would be justified, constitutes gross misconduct.

Schedule 2 makes amendments to the Ministry of Defence Appeal Tribunals Regulations 2009.

Schedule 3 makes amendments to the Ministry of Defence Police (Performance) Regulations 2012.

The Ministry of Defence Police Statement of Civilian Personnel Policy Extended Special Unpaid Leave may be viewed or downloaded from: https://www.gov.uk/government/publications/mdp-civilian-personnel-policy-extended-special-unpaid-leave-exsul or obtained by writing to HR Department, MOD Police HQ, Wethersfield, Braintree, Essex CM7 2AZ.

Footnotes

[^f00001]: 1987 c. 4. Section 3A was inserted by section 79(1) of the Police Reform Act 2002 (c. 30) and amended by section 126(2) and paragraphs 12 and 14 of Schedule 22 to the Criminal Justice and Immigration Act 2008 (c. 4) and section 6 of the Armed Forces Act 2011 (c. 18); section 4 was substituted by paragraphs 12 and 15 of Schedule 22 to the Criminal Justice and Immigration Act 2008; section 4A was substituted by paragraphs 12 and 15 of Schedule 22 to the Criminal Justice and Immigration Act 2008 and amended by paragraphs 20(1) and (6) of Part 1 of Schedule 2 to the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602).

[^f00002]: 1998 c. 32.

[^f00003]: 2002 c. 30.

[^f00004]: S.I. 2009/3069 as amended by S.I. 2012/808.

[^f00007]: S.I. 2009/3070.

[^f00008]: 2012 asp. 8.

[^f00009]: S.I. 2012/808.

[^f00010]: 1971 c. 80.

[^f00014]: S.I. 2009/3070.

[^f00015]: 1998 c. 32.

[^f00016]: S.I. 2013/1779.

[^f00017]: S.I. 2015/25.

[^f00018]: 1996 c. 16.

[^f00022]: S.I. 2012/2630.

[^f00023]: S.I. 2012/2631.

[^f00024]: S.I. 2012/2632.

[^f00025]: S.I. 2013/1779.

Editorial notes

[^key-faab0ad2fe37afe543c142f768328859]: Reg. 1 in force at 23.2.2015, see reg. 1

[^key-89f6ddd6259882fe64c4c3b012000150]: Sch. 2 para. 2 in force at 23.2.2015, see reg. 1

[^key-6c690fb11f2e914e158dc0782fbeeeeb]: Sch. 2 para. 3 in force at 23.2.2015, see reg. 1

[^key-397df41c4aeb3b3822402f2ca7b9e537]: Sch. 2 para. 4 in force at 23.2.2015, see reg. 1

[^key-f584d5eef09c5928b8cf7dc2841fea1a]: Sch. 2 para. 5 in force at 23.2.2015, see reg. 1

[^key-8f4cc4cbc9a63524f72af48c08dab8a0]: Sch. 2 para. 6 in force at 23.2.2015, see reg. 1

[^key-ab9ced512408dcbc9429d72ddda53317]: Sch. 2 para. 7 in force at 23.2.2015, see reg. 1

[^key-cbd18452894d26d26a0ead6cbc32396f]: Sch. 2 para. 8 in force at 23.2.2015, see reg. 1

[^key-d9ef40a931c3b63bdee3a45618357d1b]: Sch. 2 para. 9 in force at 23.2.2015, see reg. 1

[^key-9297a861ad57e1639fabdf8e95274970]: Sch. 2 para. 10 in force at 23.2.2015, see reg. 1

[^key-cabb3e0e79e938d531cefb63cc2f8e53]: Reg. 2 in force at 23.2.2015, see reg. 1

[^key-1568268d2855fd8124439dec2f536f6d]: Reg. 3 in force at 23.2.2015, see reg. 1

[^key-5b2bf37d552e425386a9b0fc1e723700]: Reg. 4 in force at 23.2.2015, see reg. 1

[^key-42bbb04a1dd0a04f8534414946bdce7d]: Reg. 5 in force at 23.2.2015, see reg. 1

[^key-907f126135f2f8a327e44d5a75bcc36b]: Reg. 7 in force at 23.2.2015, see reg. 1

[^key-bee7b5d2339bec6867db5bbf2ecb2013]: Reg. 10 in force at 23.2.2015, see reg. 1

[^key-15988fd1784e9ffa773f9a9b72a395df]: Reg. 29 in force at 23.2.2015, see reg. 1

[^key-ac0371d724a7c4d61924d9cf8e3345c8]: Reg. 30 in force at 23.2.2015, see reg. 1

[^key-b1b15be6aac905591fb99f7e14ef9695]: Reg. 34 in force at 23.2.2015, see reg. 1

[^key-0b7d07ec5aad0f2c4e68e5a8a4b92270]: Reg. 38 in force at 23.2.2015, see reg. 1

[^key-098241777a9351c5531b8e6c0a772541]: Reg. 39 in force at 23.2.2015, see reg. 1

[^key-1e3dc7aee5cc50e360e3f15a978fe8a0]: Reg. 40 in force at 23.2.2015, see reg. 1

[^key-55e594ef57b94d54ecc6a3d299335c78]: Reg. 43 in force at 23.2.2015, see reg. 1

[^key-4dfa635bcdbf49542e4f16b079520565]: Reg. 44 in force at 23.2.2015, see reg. 1

[^key-dce251cf03bd587e6bc1c63c1195b865]: Reg. 48 in force at 23.2.2015, see reg. 1

[^key-1cc1198389adfd9cf7f4e1c7a8d05040]: Reg. 50 in force at 23.2.2015, see reg. 1

[^key-08fe90750e151f8ee5d1d09ac46da5fa]: Reg. 51 in force at 23.2.2015, see reg. 1

[^key-5aaaad8c31e2e6e18614706258883e53]: Reg. 58 in force at 23.2.2015, see reg. 1

[^key-f3e42a9007ae3853781b18b65f5f7756]: Reg. 59 in force at 23.2.2015, see reg. 1

[^key-93a1c46db2f714770770740a54cd1534]: Reg. 60 in force at 23.2.2015, see reg. 1

[^key-d627ff319e28201e10c682fb4622a4d5]: Reg. 33 in force at 23.2.2015, see reg. 1

[^key-4c6f007fe167f69d7ba9e6ecd4671cec]: Reg. 54 in force at 23.2.2015, see reg. 1

[^key-e9d3b8e7bf4e45a8aeab506a7905337f]: Reg. 9 in force at 23.2.2015, see reg. 1

[^key-92c61845306a0f9f1a8addbf10cb2a42]: Reg. 11 in force at 23.2.2015, see reg. 1

[^key-77e052ab25f8d7d6fcb2df11ecd5d9a9]: Reg. 15 in force at 23.2.2015, see reg. 1

[^key-a3eee93ed0bb2e4e855e56edbb528629]: Reg. 49 in force at 23.2.2015, see reg. 1

[^key-43ee70fb60a70592b27c8893bc840f51]: Reg. 52 in force at 23.2.2015, see reg. 1

[^key-d4b948408ee1a14be3b15d6f74b66129]: Reg. 57 in force at 23.2.2015, see reg. 1

[^key-64e07fbae703fe9291b3546e8a545740]: Reg. 6 in force at 23.2.2015, see reg. 1

[^key-c29e4a699b7ddc1175ac495400c1236f]: Reg. 8 in force at 23.2.2015, see reg. 1

[^key-e856f6b831b18e53a936f2f09504f917]: Reg. 12 in force at 23.2.2015, see reg. 1

[^key-9f564cec4a0b6fc7517eb6150e026e0b]: Reg. 13 in force at 23.2.2015, see reg. 1

[^key-9e8fc377ab60b9745981ad36d4cafe85]: Reg. 14 in force at 23.2.2015, see reg. 1

[^key-e4bc5dbf2d279ef1235dd1fb8172d148]: Reg. 16 in force at 23.2.2015, see reg. 1

[^key-36d01fb977e0b43e591e541bf17e6e18]: Reg. 17 in force at 23.2.2015, see reg. 1

[^key-dad4de5dbaa8178a96b3d4faed4395d5]: Reg. 18 in force at 23.2.2015, see reg. 1

[^key-d0019b3ac677eef88fc798dee891c653]: Reg. 19 in force at 23.2.2015, see reg. 1

[^key-7bfff662e01dcc2eddc9411864bcbe48]: Reg. 20 in force at 23.2.2015, see reg. 1

[^key-9be58f40996a2a9926d90c3eb1d45fbf]: Reg. 21 in force at 23.2.2015, see reg. 1

[^key-604b69d49ff963da544b068b30bce929]: Reg. 22 in force at 23.2.2015, see reg. 1

[^key-260814700a455392e855cf331951755b]: Reg. 23 in force at 23.2.2015, see reg. 1

[^key-5d3e4d20e208076c44df601250ecf613]: Reg. 24 in force at 23.2.2015, see reg. 1

[^key-dff5f4c610594d8993f565d17673b790]: Reg. 25 in force at 23.2.2015, see reg. 1

[^key-374f23b67601eff5dbb27c52038b72c6]: Reg. 26 in force at 23.2.2015, see reg. 1

[^key-4d8912b92e2abea739da5e6365c17782]: Reg. 27 in force at 23.2.2015, see reg. 1

[^key-717283b92f662437b378fd28a27b5432]: Reg. 28 in force at 23.2.2015, see reg. 1

[^key-bf34c4cb29fdabf66f1ea250e8d30882]: Reg. 31 in force at 23.2.2015, see reg. 1

[^key-c39c180811911115261094156562475d]: Reg. 32 in force at 23.2.2015, see reg. 1

[^key-009bc8cf3ad3f39f740bd41c35fb53cc]: Reg. 36 in force at 23.2.2015, see reg. 1

[^key-03d385bc6b71d6d25e2042a96045f5f2]: Reg. 37 in force at 23.2.2015, see reg. 1

[^key-41b3db9cd724b2ab82bd75d4d5eb395c]: Reg. 41 in force at 23.2.2015, see reg. 1

[^key-6c2374be1dfffecfa2b89d46ca4444e3]: Reg. 42 in force at 23.2.2015, see reg. 1

[^key-9057690d7378e7a61a3e29fdf38388de]: Reg. 45 in force at 23.2.2015, see reg. 1

[^key-14c4fcef550be28b83fa35a540768feb]: Reg. 47 in force at 23.2.2015, see reg. 1

[^key-7abb3fd0c6f1aaad5065af645e15220a]: Reg. 53 in force at 23.2.2015, see reg. 1

[^key-1fd242ce6347607098f3115232c9a110]: Reg. 61 in force at 23.2.2015, see reg. 1

[^key-0bef358505300faddff2082aea422704]: Reg. 62 in force at 23.2.2015, see reg. 1

[^key-188513f49b4856b1e9626fbf5ebd7a13]: Reg. 63 in force at 23.2.2015, see reg. 1

[^key-2c85919f41ccff18827c3f0660c07935]: Sch. 1 in force at 23.2.2015, see reg. 1

[^key-e591b32c35c63fa90197016082eaf67a]: Sch. 2 para. 1 in force at 23.2.2015, see reg. 1

[^key-b684b1d8a4bb609ec75274d0418712fc]: Reg. 24A inserted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 8 (with reg. 50)

[^key-8e5822625d9a0e443a011141e9124c8d]: Reg. 30A inserted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 11 (with reg. 50)

[^key-9cc35a7f0f47b51626378957df88b6fd]: Reg. 40A inserted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 17 (with reg. 50)

[^key-6177ea195ab77e65541a449ec9b4fdc7]: Reg. 45A inserted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 20 (with reg. 50)

[^key-9f6aa16cb5f78bad82813380d77287d0]: Reg. 52A inserted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 24 (with reg. 50)

[^key-6bdd04618ba864950e1f13074e29d54d]: Reg. 60A inserted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 30 (with reg. 50)

[^key-95ccdaa76645214bbd18eac1433aaf8b]: Word in reg. 4(1) substituted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 4(2)(a) (with reg. 50)

[^key-f05b72544ed5b849b8ff5b576c76e57a]: Reg. 4(1)(c) substituted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 4(2)(b) (with reg. 50)

[^key-004ab68805128619ffa2c11900ae36d0]: Reg. 4(1)(d) substituted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 4(2)(c) (with reg. 50)

[^key-1afa5e1fa0e934f0143e6995b340a1f9]: Word in reg. 5(1)(a) inserted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 5(a) (with reg. 50)

[^key-f8602413a543a54fd8ce6b43496c0290]: Reg. 5(1)(c)(d) omitted (1.3.2017) by virtue of The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 5(b) (with reg. 50)

[^key-045311c42c5a7daeecfa2f93939419cc]: Reg. 7(3) inserted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 6(3)

[^key-54dfc3caba16ca3d6bab5fa971c0af84]: Words in reg. 7(2) substituted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 6(2)

[^key-d3d3412473c43302823733cdb3badf9d]: Words in reg. 10(1)(b) substituted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 7 (with reg. 50)

[^key-0718e1c9a37fa36731286d911ee2e642]: Reg. 29(4)(a) substituted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 9 (with reg. 50)

[^key-fcbdcc2c1996b93866fd9460e151998d]: Reg. 30(3)(a) substituted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 10 (with reg. 50)

[^key-b96b348e08c678c275f8f448547451d4]: Reg. 34(3)(4) substituted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 12(2) (with reg. 50)

[^key-7da79a266f529081ad6b023bf7b29af0]: Reg. 34(5)(6) omitted (1.3.2017) by virtue of The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 12(3) (with reg. 50)

[^key-ddc51f4a51c95129f1cf7e7c25839ead]: Reg. 35 substituted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 13 (with reg. 50)

[^key-d491b42fdab8a01557f4e4a250f0868a]: Words in reg. 38 heading substituted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 14(2) (with reg. 50)

[^key-3f9a23e5b1f609e8edde00e40e6cc0e4]: Reg. 38(3) substituted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 14(3) (with reg. 50)

[^key-49305fc5c7ed2a29ac9263bb576b6308]: Reg. 38(4) substituted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 14(4) (with reg. 50)

[^key-eaad68dadc1168093c68e76faeef46ff]: Words in reg. 38(5) substituted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 14(5) (with reg. 50)

[^key-b9f7b215914c729ed0641009b825e205]: Reg. 38(6)(ca) inserted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 14(6)(a) (with reg. 50)

[^key-c9cf82157431052cbb40b9f1fa2881d2]: Reg. 38(6)(fa) inserted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 14(6)(b) (with reg. 50)

[^key-115522b83d7dbca4394683fdfef4ede5]: Words in reg. 38(7)(a) omitted (1.3.2017) by virtue of The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 14(7)(a) (with reg. 50)

[^key-bd3e07cb53fed1127f3cdd0b0518a440]: Reg. 38(7)(d) inserted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 14(7)(c) (with reg. 50)

[^key-2fd8b5d7c9d737235d64a0749cfa9c2a]: Word in reg. 38(7)(a) omitted (1.3.2017) by virtue of The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 14(7)(b) (with reg. 50)

[^key-730ea9250252311442f42d2953f3ae51]: Reg. 3(3) inserted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 3(3) (with reg. 49)

[^key-291a9afaa246e288a144081d3880598a]: Words in reg. 3(1) omitted (1.3.2017) by virtue of The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 3(2)(a)

[^key-55277439f88a81347a4d917294a5ebb2]: Words in reg. 3(1) omitted (1.3.2017) by virtue of The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 3(2)(b)

[^key-f3d7056f0d5e241ed2a2f7ad885e1257]: Words in reg. 3(1) inserted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 3(2)(c)

[^key-56aa6a73c117e6b719444eaf3a10f1e6]: Words in reg. 3(1) substituted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 3(2)(d)

[^key-1f8c70b99cba48e50bc4cd353f0554b9]: Words in reg. 3(1) substituted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 3(2)(e)

[^key-587f83141302796c1e48e65e6f08c90f]: Words in reg. 3(1) omitted (1.3.2017) by virtue of The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 3(2)(f)

[^key-7b14559433401ce30d178772ee6645e3]: Words in reg. 3(1) substituted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 3(2)(g)(i)

[^key-df561b5649b499b4953f3451d93165d3]: Words in reg. 3(1) substituted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 3(2)(h)

[^key-c8c485d644c4a3247bde5e976f8cfbd0]: Words in reg. 3(1) substituted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 3(2)(i)

[^key-cbece797a91a446d6dbd98e29631a060]: Words in reg. 3(1) inserted (1.3.2017) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017 (S.I. 2017/84), regs. 1, 3(2)(j)