The Ministry of Defence Police (Conduct and Appeals Tribunals) (Amendment) Regulations 2018

Made: 29th October 2018

Laid before Parliament: 31st October 2018

Coming into force: 1st December 2018

The Secretary of State, in exercise of the powers conferred by sections 3A(1) to (3), 4(1) to (5) and 4A(1) to (4) and (7) of the Ministry of Defence Police Act 1987 , makes the following Regulations.

PART 1 — General

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Ministry of Defence Police (Conduct and Appeals Tribunals) (Amendment) Regulations 2018 and come into force on 1st December 2018.

• (2) In these Regulations—

• “the 1987 Act” means the Ministry of Defence Police Act 1987;

• “the 2009 Regulations” means the Ministry of Defence Police Appeals Tribunals Regulations 2009 ;

• “the Conduct Regulations” means the Ministry of Defence Police (Conduct etc.) Regulations 2015 .

PART 2 — Amendment of the Conduct Regulations

Amendment of the Conduct Regulations

2

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

Amendment of regulation 3 (interpretation)

3

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

Amendment of regulation 4 (the harm test)

4

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

Amendment of regulation 9 (application)

5

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

Amendment of regulation 11 (legal and other representation for the relevant authority)

6

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

Amendment of regulation 15 (application of Part 3)

7

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

Amendment of regulation 24A (national security: power to give directions in relation to misconduct hearings)

8

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

Amendment of regulation 33 (participation of Director General or Ombudsman and investigator at misconduct proceedings)

9

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

Amendment of regulation 35 (attendance of others at misconduct proceedings)

10

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

Amendment of regulation 38 (senior officers: further meeting or further hearing of MOD Police Committee to consider disciplinary action)

11

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

Amendment of regulation 39 (outcome of misconduct proceedings)

12

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

Amendment of regulation 45A (national security: power to give directions in relation to special case hearings)

13

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

Substitution of regulation 46 (notice of referral to special case hearing)

14

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

Amendment of regulation 48 (notice of special case hearing)

15

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

Amendment of regulation 49 (procedure on receipt of notice of special case hearing)

16

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

Amendment of regulation 52 (documents to be supplied)

17

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

Amendment of regulation 54 (participation of Director General or the Ombudsman and investigator at special case hearing

18

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

Amendment of regulation 56 (attendance of others at special case hearing)

19

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

Amendment of regulation 57 (procedure at special case hearing)

20

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

Amendment of regulation 58 (senior officers: further hearing of MOD Police Committee to consider disciplinary action)

21

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

New Schedule

22

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

PART 3 — Amendment of the 2009 Regulations

Amendment of the 2009 Regulations

23

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

Amendment of regulation 3 (interpretation)

24

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

New regulation 4B

25

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

Amendment of regulation 5 (appointment and composition of police appeals tribunal)

26

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

Amendment of regulation 6 (notice of appeal)

27

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

Amendment of regulation 7

28

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

Amendment of regulation 8 (the respondent)

29

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

Amendment of regulation 9 (procedure on notice of appeal)

30

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

Amendment of regulation 14 (notice of the hearing)

31

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

Amendment of regulation 15 (legal and other representation)

32

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

Amendment of regulation 18 (attendance at hearing)

33

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

Amendment of regulation 22 (tribunal's determination)

34

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

SCHEDULE — Modifications to the Conduct Regulations

Signed

Tobias Ellwood — Parliamentary Under Secretary of State — 2018-10-29

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1987 c. 4. Section 3A was inserted by section 79(1) of the Police Reform Act 2002 (2002 c. 30). Subsections (1) and (1A) of that section were substituted for subsection (1) as originally enacted by paragraph 14(2) of Schedule 22 to, the Criminal Justice and Immigration Act 2008 (2008 c. 4) (“the 2008 Act”) and subsequently amended by section 6 of the Armed Forces Act 2011 (2011 c. 18). Subsections (1B) to (1H) were inserted by paragraph 2(2) of Schedule 7 to the Policing and Crime Act 2017 (2017 c. 3) (“the 2017 Act”) and subsection (1B) was subsequently amended by paragraph 63(2) of Schedule 9 to the 2017 Act. Subsection (2) was substituted by paragraph 14(3) of Schedule 22 to the 2008 Act and subsequently amended by paragraph 2(1) and (3) of Schedule 7 to the 2017 Act. Section 4 was substituted by paragraph 15 of Schedule 22 to the 2008 Act. Subsection (4) of that section was amended by paragraph 3(a) and (b) of Schedule 7 to the 2017 Act. Subsection (5) was amended by paragraph 63(3) of Schedule 9 to the 2017 Act. Section 4A was inserted by section 79(2) of the Police Reform Act 2002 (2002 c. 30) and subsequently substituted by paragraph 16 of Schedule 22 to the 2008 Act. Subsection (1) of that section was amended by paragraph 4 of Schedule 7 to the 2017 Act and by paragraph 20(6) of Schedule 2 to S.I. 2013/602.

[^f00002]: S.I. 2009/3070, amended by S.I. 2017/84.

[^f00003]: S.I. 2015/25, amended by S.I. 2017/84.

[^f00004]: Regulation 3(1) has been amended but the amendments are not relevant to these Regulations.

[^f00005]: 1998 c. 42.

[^f00006]: S.I. 2007/1098. Article 4 was amended by section 11 of, and Schedule 6 to, the Crime and Courts Act 2013 (c. 22).

[^f00007]: S.I. 2013/602, to which there are amendments which are not relevant to these Regulations.

[^f00008]: 2006 asp 10. Section 47 was substituted by section 128 of, and Schedule 7 to, the Police and Fire Reform (Scotland) Act 2012 (2012 asp 8).

[^f00009]: Regulation 24A was inserted by regulation 8 of S.I. 2017/84.

[^f00010]: Paragraphs (4) and (6) were amended by regulation 32(2) and (5)(b) of S.I. 2017/1250. There are other amendments of regulation 33 but they are not relevant.

[^f00011]: This regulation was substituted by regulation 13 of S.I. 2017/84. Paragraph (3) was amended by regulation 32(2) of S.I. 2017/1250.

[^f00012]: Sub-paragraph (ca) was inserted by regulation 14(6)(a) of S.I. 2017/84. There are other amendments of regulation 38 but they are not relevant.

[^f00013]: Paragraph (2) was amended by regulation 15 of S.I. 2017/84.

[^f00014]: Regulation 45A was inserted by regulation 20 of S.I. 2017/84.

[^f00015]: Paragraph (4) was amended by regulation 32(2) and (6) of S.I. 2017/1250. There are other amendments of regulation 54 but they are not relevant.

[^f00016]: This regulation was substituted by regulation 26 of S.I. 2017/84.

[^f00017]: Sub-paragraph (ca) was inserted, and sub-paragraph (d) was amended, by regulation 27(6)(a) and (b) respectively of S.I. 2017/84. There are other amendments of regulation 58(5) but they are not relevant.

[^f00018]: The definition of “relevant decision” was inserted by regulation 38(7) of S.I. 2017/84. There are other amendments of regulation 3 but they are not relevant. The definition of “head of HR” was inserted and amended by regulation 38(5) and (6) respectively of S.I. 2017/84.

[^f00019]: 1996, c.16.

[^f00020]: Regulation 4A was inserted by regulation 43(3) of S.I. 2012/808.

[^f00021]: Sub-paragraphs (a) to (c) of paragraph (2) were substituted for paragraphs (a) and (b), as originally enacted, by paragraph 5(1) of Schedule 2 to S.I. 2015/25. Sub-paragraph (a) was subsequently further substituted by regulation 39(2) of S.I. 2017/84. Paragraphs (4) and (4A) were substituted for paragraph (4), as originally enacted, by paragraph 5(3) of Schedule 3 to S.I. 2015/75. Sub-paragraphs (b)(i) and (c)(ii) of paragraph (4) were subsequently further amended by regulation 39(3) and (4) respectively of S.I. 2017/84. There are other amendments to this regulation but they are not relevant.

[^f00022]: This regulation was amended by regulation 40 of S.I. 2017/84.

[^f00023]: This regulation was amended by paragraph 6 of Schedule 2 to, S.I. 2015/25 and by regulation 14(2) of S.I. 2017/1250.

[^f00024]: Paragraphs (5) to (12) were inserted by regulation 42 of S.I. 2017/84. This regulation was also amended by paragraph 7 of Schedule 2 to, S.I. 2015/25 and by regulation 14(2) of S.I. 2017/1250.

[^f00025]: This regulation was substituted by regulation 43 of S.I. 2017/84.

[^f00026]: Paragraph (2) was substituted by paragraph 10(2) of Schedule 2 to S.I. 2015/25. Paragraph (8) was inserted by regulation 47 of S.I. 2017/84. This regulation was also amended by paragraph 10(1), (3) and (4) of Schedule 2 to S.I. 2015/25 and by regulation 14(1) and (2) of S.I. 2017/1250.

[^f00027]: Regulation 4(1) has been amended by regulation 4(2)(a) to (c) of S.I. 2017/84.

[^f00028]: 1996 c.16. Section 88C was inserted by section 30 of, and Schedule 8 to, the Policing and Crime Act 2017.

[^f00029]: Paragraph (9) of this regulation was amended by regulation 32(2) of S.I. 2017/1250.

[^f00030]: Paragraph (4)(a) of this regulation was substituted by regulation 9 of S.I. 2017/84.

[^f00031]: Paragraph (3)(a) of this regulation was substituted by regulation 10 of S.I. 2017/84.

[^f00032]: This regulation was inserted by regulation 11 of S.I. 2017/84 and amended by regulation 32(2) of S.I. 2017/1250.

[^f00033]: This regulation and its heading were amended by regulation 32(2) and (5) of S.I. 2017/1250.

[^f00034]: This regulation was amended by regulation 12(2) and (3) of S.I. 2017/84.

[^f00035]: This regulation was substituted by regulation 3 of S.I. 2017/84 and amended by regulation 32(2) of S.I. 2017/1250.

[^f00036]: This regulation has been amended by regulation 14 of S.I. 2017/84 and regulation 32(2) of S.I. 2017/1250.

[^f00037]: This regulation was amended by regulation 16(2) of S.I. 2017/84 and by regulation 32(2) of S.I. 2017/1250.

[^f00038]: This regulation was inserted by regulation 17 of S.I. 2017/84.

[^f00039]: This regulation was amended by regulation 32(2) of S.I. 2017/1250.

[^f00040]: This regulation was amended by regulation 22(2) and (3) of S.I. 2017/84.

[^f00041]: This regulation was amended by regulation 23 of S.I. 2017/84.

[^f00042]: This regulation was amended by regulation 27 of S.I. 2017/84 and by regulation 32(2) of S.I. 2017/1250.

[^f00043]: This regulation was amended by regulation 29 of S.I. 2017/84.

Editorial notes

[^c24449481]: 1987 c. 4. Section 3A was inserted by section 79(1) of the Police Reform Act 2002 (2002 c. 30). Subsections (1) and (1A) of that section were substituted for subsection (1) as originally enacted by paragraph 14(2) of Schedule 22 to, the Criminal Justice and Immigration Act 2008 (2008 c. 4) (“the 2008 Act”) and subsequently amended by section 6 of the Armed Forces Act 2011 (2011 c. 18). Subsections (1B) to (1H) were inserted by paragraph 2(2) of Schedule 7 to the Policing and Crime Act 2017 (2017 c. 3) (“the 2017 Act”) and subsection (1B) was subsequently amended by paragraph 63(2) of Schedule 9 to the 2017 Act. Subsection (2) was substituted by paragraph 14(3) of Schedule 22 to the 2008 Act and subsequently amended by paragraph 2(1) and (3) of Schedule 7 to the 2017 Act. Section 4 was substituted by paragraph 15 of Schedule 22 to the 2008 Act. Subsection (4) of that section was amended by paragraph 3(a) and (b) of Schedule 7 to the 2017 Act. Subsection (5) was amended by paragraph 63(3) of Schedule 9 to the 2017 Act. Section 4A was inserted by section 79(2) of the Police Reform Act 2002 (2002 c. 30) and subsequently substituted by paragraph 16 of Schedule 22 to the 2008 Act. Subsection (1) of that section was amended by paragraph 4 of Schedule 7 to the 2017 Act and by paragraph 20(6) of Schedule 2 to S.I. 2013/602.

[^c24449491]: S.I. 2009/3070, amended by S.I. 2017/84.

[^c24449501]: S.I. 2015/25, amended by S.I. 2017/84.

[^key-0552fed8d6e3471ddb6b5fe692aa3ea2]: Regs. 2-22 revoked (2.11.2020) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020 (S.I. 2020/1087), regs. 1, 6(1)(c) (with reg. 6(2))

[^key-68dd9cdd866845fe9b28d5040c4e295e]: Regs. 23-34 revoked (2.11.2020) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020 (S.I. 2020/1087), regs. 1, 6(5)(c) (with reg. 6(6))