The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020

[^key-df1645dca5fc9e85f268f6aca5cc6cd5]: Sch. 4 reg. 37 in force at 2.11.2020, see reg. 1

[^key-df31086b50d5a30066e54a5ddaaadbd7]: Sch. 1 reg. 71 in force at 2.11.2020, see reg. 1

[^key-df3c273ec04766151a325bf8b1e5e6e7]: Sch. 4 reg. 27 in force at 2.11.2020, see reg. 1

[^key-df83179dfe076c3e45655c3458216256]: Sch. 1 reg. 25 in force at 2.11.2020, see reg. 1

[^key-e05c1faeb66d07849bc5a6f8c60b1c95]: Sch. 1 reg. 29(5) substituted (31.5.2024) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2024 (S.I. 2024/603), regs. 1(1), 2(9)(g) (with reg. 4)

[^key-e155739fee3712aa19f6674dc8560bd7]: Sch. 4 reg. 8 in force at 2.11.2020, see reg. 1

[^key-e2578fadd8949734abfcff3e3028430e]: Sch. 5 reg. 12 in force at 2.11.2020, see reg. 1

[^key-e6fafb360a55b7596fc6ba1e6b95ebe0]: Sch. 2 para. 46 in force at 2.11.2020, see reg. 1

[^key-e726b70d4908a673287eb882aa24cd2e]: Reg. 3 in force at 2.11.2020, see reg. 1

[^key-e79fc3bc386350e80e5b52efb599683c]: Words in Sch. 1 reg. 63(1) substituted (31.5.2024) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2024 (S.I. 2024/603), regs. 1(1), 2(23)(a)(i) (with reg. 4)

[^key-e8caa0ffa16395cab727121b7ca5a8eb]: Sch. 5 reg. 16 in force at 2.11.2020, see reg. 1

[^key-ead7e3aca9c5a07a4525e4b7de393130]: Sch. 1 reg. 26 in force at 2.11.2020, see reg. 1

[^key-ee87f402a66889aa46e6b8d178a29723]: Sch. 1 reg. 11A inserted (31.5.2024) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2024 (S.I. 2024/603), regs. 1(1), 2(4) (with reg. 4)

[^key-eeca11da3957e50a7a36bc219cabc447]: Sch. 1 reg. 40 in force at 2.11.2020, see reg. 1

[^key-eecb44684ac570e09fe589aec7f8c1a9]: Word in Sch. 1 reg. 7(7) substituted (31.5.2024) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2024 (S.I. 2024/603), regs. 1(1), 2(3)(b) (with reg. 4)

[^key-ef042f6731195d235619614d3091aec8]: Sch. 1 reg. 29(4) substituted (31.5.2024) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2024 (S.I. 2024/603), regs. 1(1), 2(9)(f) (with reg. 4)

[^key-ef0655e3ac5462b5d4d6627aee895e2d]: Sch. 1 reg. 62 in force at 2.11.2020, see reg. 1

[^key-ef6641dce784ddf9f7e346a22a3e5664]: Words in Sch. 1 reg. 27(2) inserted (31.5.2024) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2024 (S.I. 2024/603), regs. 1(1), 2(7)(c) (with reg. 4)

[^key-f070eec15e1fc6feedef290f755c0404]: Sch. 1 reg. 27 in force at 2.11.2020, see reg. 1

[^key-f39f3a462f0e6bb34b7eccd8eee1259d]: Sch. 2 para. 38 in force at 2.11.2020, see reg. 1

[^key-f3d9c18b14d1b351369a8b44a9d4cb70]: Sch. 1 reg. 46 in force at 2.11.2020, see reg. 1

[^key-f41cdc5baf62c76432417de23324715c]: Sch. 4 reg. 38 in force at 2.11.2020, see reg. 1

[^key-f43994180c03c0b55bde226fd3ea3e29]: Sch. 1 reg. 34 in force at 2.11.2020, see reg. 1

[^key-f4436885c7614574e98db2ba75f9fa93]: Words in Sch. 1 reg. 2(3) substituted (31.5.2024) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2024 (S.I. 2024/603), regs. 1(1), 2(2)(b) (with reg. 4)

[^key-f52f2e556bd4dc107e899f76c51dc70d]: Sch. 2 para. 29 in force at 2.11.2020, see reg. 1

[^key-f57ae02e5612d5ff9320919ac757189e]: Word in Sch. 1 reg. 63(4) omitted (31.5.2024) by virtue of The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2024 (S.I. 2024/603), regs. 1(1), 2(23)(c)(i) (with reg. 4)

[^key-f82c1ed5e3bb4f46db23fab60c5f4aca]: Sch. 4 reg. 33 in force at 2.11.2020, see reg. 1

[^key-f8fc2312b169c696a0dfff9c97c7b0e0]: Sch. 2 para. 18 in force at 2.11.2020, see reg. 1

[^key-f91df73d6082d7b9015b41e2862cf0be]: Sch. 5 reg. 10 in force at 2.11.2020, see reg. 1

[^key-f9349179d149ec2d0bb0c0e6527d721d]: Sch. 4 reg. 5 in force at 2.11.2020, see reg. 1

[^key-fbfdfbc1e17d9dd611946aef5dac8bc2]: Sch. 1 reg. 31 in force at 2.11.2020, see reg. 1

[^key-fc2690bbb4551d7aed1c0171e5d71262]: Sch. 3 para. 4 in force at 2.11.2020, see reg. 1

[^key-fc3ff5d353aabbc5301c032bd1f07c23]: Sch. 1 reg. 14(5) inserted (31.5.2024) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2024 (S.I. 2024/603), regs. 1(1), 2(5) (with reg. 4)

[^key-fca2eb25541639d15561987e339cad91]: Sch. 2 para. 6 in force at 2.11.2020, see reg. 1

[^key-fcc67702b4394df87845273cbc865f46]: Sch. 4 reg. 32 in force at 2.11.2020, see reg. 1

[^key-fd08abe7133c60228f9d7adbb97e918c]: Sch. 1 reg. 55(4) substituted (31.5.2024) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2024 (S.I. 2024/603), regs. 1(1), 2(20)(d) (with reg. 4)

[^key-fd7f8ec0bea02e452437b18e96a6c2e5]: Sch. 1 reg. 20 in force at 2.11.2020, see reg. 1

[^key-fe741485e0bae75de4e8d7177620fb8b]: Sch. 2 para. 5 in force at 2.11.2020, see reg. 1

[^key-fef7226ee0162a134e27e5dc2238d33e]: Sch. 4 reg. 11 in force at 2.11.2020, see reg. 1

[^key-ff79431be2b33bb9a397e46b36d88131]: Sch. 2 para. 42 in force at 2.11.2020, see reg. 1

[^key-df25690fafefdfd798e3aaeafdae4978]: Sch. 5 reg. 6(4)(a) substituted (29.12.2025) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2025 (S.I. 2025/1263), regs. 1(1), 74 (with reg. 77(3))

Conflicts of interest: disciplinary proceedings

11A

• (1) A responsible authority that is aware that relevant circumstances exist in relation to a person must not—

• (a) delegate the responsibility for chairing or conducting disciplinary proceedings to that person under regulation 2(4A), or

• (b) appoint that person to a regulated position.

• (2) A responsible authority that has delegated the responsibility for chairing or conducting misconduct proceedings to a person under regulation 2(4A) or appointed a person to a regulated position, must, without delay after becoming aware that relevant circumstances exist in relation to that person—

• (a) delegate the responsibility for chairing or conducting the proceedings to another person in accordance with regulation 2(4B) or, as the case may be, 2(4B) and (4C), or

• (b) appoint another person to the regulated position in accordance with regulation 7, 27, 44 or 55, as the case may be.

• (3) Where the chief constable is required to chair or conduct misconduct proceedings and is, or becomes, aware that relevant circumstances exist in relation to themself, they must, without delay, delegate the responsibility for chairing or conducting those proceedings in accordance with regulation 2(4B) or, as the case may be, 2(4B) and (4C).

• (4) Any delegation required by paragraph (2) or (3) is to be treated as having been done under regulation 2(4A).

• (5) A person who is aware that relevant circumstances exist in relation to themself must not take up or act in a regulated position.

• (6) A person, other than the chief constable, who becomes aware that relevant circumstances exist in relation to themself after having taken up a regulated position must inform the responsible authority of the relevant circumstances without delay.

• (7) A person who becomes aware that relevant circumstances exist in relation to themself must inform the responsible authority of the relevant circumstances without delay if they are aware of the possibility of—

• (a) the responsibility for chairing or conducting misconduct proceedings being delegated to them under regulation 2(4A), or

• (b) being appointed to a regulated position.

• (8) In this regulation—

• “a regulated position” is—chairing or conducting disciplinary proceedings;acting as an adviser appointed under regulation 7(6) (adviser to the person or panel conducting a misconduct meeting or an appeal meeting);acting as an adviser appointed under regulation 27(5B) or 55(5) (adviser to the panel conducting a misconduct hearing or an accelerated misconduct hearing);

• “relevant circumstances” mean circumstances, in relation to a person, that give rise, or may reasonably be considered to give rise, to a conflict of interest in relation to that person’s functions in respect of the disciplinary proceedings;

• “responsible authority” means—in relation to the delegation of responsibility for chairing or conducting disciplinary proceedings under regulation 2(4A), the chief constable;in relation to the appointment of a person to a regulated position, the person or body responsible for making the appointment.