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

Type Statutory-Instrument

Publication 2020-10-06

Last updated 2025-12-29

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(41) (1) The panel conducting a misconduct hearing may, subject to the provisions of this regulation— (a) where they find the conduct amounts to gross misconduct, impose disciplinary action for gross misconduct, or (b) where they find that the conduct amounts to misconduct but not gross misconduct, record a finding of misconduct but take no further action. (2) Where the question of disciplinary action for gross misconduct is being considered, the persons considering it— (a) must have regard to the record of service of the officer concerned as shown on the officer’s personal record, (b) may receive evidence from any witness whose evidence would, in their opinion, assist them in determining the question, including evidence of mitigating circumstances disclosed prior to the hearing to— (i) the MDP, (ii) a registered medical practitioner, or (iii) a staff association, (c) must give— (i) the officer concerned, (ii) if the officer concerned is legally represented, the officer’s relevant lawyer or, if the officer is not legally represented, the officer’s police friend, (iii) the relevant authority or the person appointed to represent such authority in accordance with regulation 7(5), and (iv) the Director General or the Director General’s relevant lawyer, where the Director General made a decision under regulation 24(1) to present the case, an opportunity to make oral or written representations before any such question is determined, and (d) where representations are received into mitigating circumstances— (i) must consider whether those circumstances have been mentioned at an earlier stage in the proceedings and, if they have not been so mentioned, whether the officer concerned could reasonably have been expected to so mention them, and (ii) in the light of their conclusions under paragraph (i), may determine that it is appropriate to place less weight on those circumstances.

Modification to regulation 42 (notification of outcome)

37

Regulation 42 is to be read as if——

(a) in paragraph (1)—

(i) “conducting or” and “or misconduct meeting” were omitted;

(ii) in sub-paragraph (a), “person or” were omitted;

(iii) for sub-paragraphs (c) and (d), there were substituted—

(c) whether disciplinary action for gross misconduct was imposed.

(iv) in para (e) for “but the disciplinary action imposed was not dismissal without notice” there were substituted “but disciplinary action for gross misconduct was not imposed”;

(b) in paragraph (2)(b)—

(i) “misconduct or” were omitted, and

(ii) for “in accordance with paragraph (3)”, there were substituted “under the Appeals Tribunal Regulations”;

(d) in paragraph (4), “In all cases referred to in paragraph (3)” were omitted;

(e) in paragraph (5)—

(i) sub-paragraph (b) were omitted,

(ii) in sub-paragraph (d) for “the disciplinary action imposed was not dismissal without notice” there were substituted “disciplinary action for gross misconduct was not imposed”.

Modification to regulation 43 (record of misconduct proceedings)

38

Regulation 43 is to be read as if, for paragraph (1), there were substituted—

(1) A verbatim record of the misconduct proceedings must be taken.

Modification: omission of regulations 44 to 46 (appeals)

39

The Conduct Regulations are to be read as if regulations 44 to 46 were omitted.

Modification to regulation 47 (general)

40

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

Modification to regulation 49 (referral of case to accelerated misconduct hearing)

41

Regulation 49 is to be read as if in paragraph (2)(b), for the words from “for the officer concerned” to the end of the paragraph, there were substituted “that the officer concerned should be prevented from future employment or appointment as a constable”.

Modification to regulation 50 (remission of case)

42

Regulation 50 is to be read as if paragraph (4)(b) were omitted.

Modification to regulation 51 (notice of referral to accelerated misconduct hearing)

43

Regulation 51 is to be read as if—

(za) in paragraph (1)(c)—

(i) the “and” after sub-paragraph (i) were omitted;

(ii) after sub-paragraph (i) there were inserted—

(ia) in the case of a Condition C person, any written statement or document provided to the Director General under regulation 4B(3) and any response to a consultation carried out under regulation 4B(4), and

(a) in paragraph (2)—

(i) in sub-paragraph (b), paragraph (ii) and the “or” immediately preceding it were omitted;

(ii) the “and” after paragraph (d) were omitted;

(iii) after paragraph (d) there were inserted—

(da) set out the fact that the officer will be subject to disciplinary proceedings under these Regulations, and (db) set out the fact that, if the allegation of gross misconduct is proved, the officer may be subject to a finding that the officer would have been dismissed if the officer had not ceased to be a member of the MDP,

(b) in paragraph (3), “or the Ombudsman, as appropriate” were omitted, each time it occurs.

Modification to regulation 52 (notice of accelerated misconduct hearing)

44

Regulation 52 is to be read as if paragraph (3) were omitted.

Modification to regulation 53 (public notification of accelerated misconduct hearing)

45

Regulation 53 is to be read as if paragraph (4)(f), and the immediately preceding “and”, were omitted.

Modification to regulation 54 (procedure on receipt of notice)

46

Regulation 54 is to be read as if paragraph (3) were omitted.

Modification to regulation 55 (persons conducting accelerated misconduct hearing)

47

Regulation 55 is to be read as if—

(a) in paragraph (1), for “is not a senior officer” there were substituted “was not a senior officer at the relevant time”;

(b) in paragraph (3), for “is a senior officer” there were substituted “was a senior officer at the relevant time”;

(d) in paragraph (8)—

(i) for “is not a senior officer” there were substituted “was not a senior officer at the relevant time”;

(ii) paragraph (b) were omitted;

(e) in paragraph (9)—

(i) “or Ombudsman, as the case may be,” were omitted;

(ii) paragraph (b) were omitted.

Modification to regulation 56 (documents to be supplied)

48

Regulation 56 is to be read as if paragraph (5) were omitted.

Modification to regulation 58 (participation of Director General, Ombudsman and investigator at accelerated misconduct hearing)

49

Regulation 58 is to be read as if—

(a) in the heading, “, Ombudsman” were omitted;

(b) in paragraph (1)—

(i) in sub-paragraph (a), the words from “or section 54(2)” to the end were omitted;

(ii) in sub-paragraph (c)—

(aa) in the opening words, “or section 57 of the 1998 Act” were omitted;

(bb) paragraph (ii), and the immediately preceding “or”, were omitted;

(d) in paragraph (4), sub-paragraph (c), and the immediately preceding “or”, were omitted;

(e) in paragraph (5), sub-paragraph (b), and the immediately preceding “or”, were omitted.

Modification to regulation 61 (procedure at accelerated misconduct hearing)

50

Regulation 61 is to be read as if—

(a) after paragraph (10), there were inserted—

(10A) Where evidence is given or considered at the misconduct hearing that the officer concerned was given written notice of an interview under regulation 19(6) (interviews during investigation) or under external procedures and failed to attend the interview, paragraph (13) applies.

(b) in paragraph (12)(b) after “regulation 17(1) there were inserted “, 19A(2)”;

Modification to regulation 62 (outcome of accelerated misconduct hearing)

51

The Conduct Regulations are to be read as if for regulation 62, there were substituted—

(62) (1) Subject to the provisions of this regulation, the person or panel conducting the accelerated misconduct hearing may— (a) where the person or panel finds the conduct amounts to gross misconduct, impose disciplinary action for gross misconduct, or (b) where the person or panel finds the conduct amounts to misconduct but not gross misconduct, record a finding of misconduct but take no further action. (2) Where the question of disciplinary action for gross misconduct is being considered, the person or panel considering it— (a) must have regard to the record of 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, (c) must give— (i) the officer concerned, (ii) if the officer concerned is legally represented, the officer’s relevant lawyer or, if the officer is not legally represented, the officer’s police friend, (iii) the relevant authority or the person appointed to represent such authority in accordance with regulation 7(5), and (iv) the Director General or the Director General’s relevant lawyer, where the Director General made a decision under regulation 24(1) to present the case, an opportunity to make oral or written representations, and (d) where representations are received in relation to mitigating circumstances— (i) must consider whether those circumstances have been mentioned at an earlier stage in the proceedings and, if they have not been so mentioned, whether the officer concerned could reasonably have been expected to so mention them, and (ii) in the light of their conclusions under paragraph (i), may determine that it is appropriate to place less weight on those circumstances.

Modification to regulation 63 (notification of outcome)

52

Regulation 63 is to be read as if—

(a) in paragraph (1)—

(i) for sub-paragraph (c) there were substituted—

(c) whether disciplinary action for gross misconduct was imposed,

(ii) in sub-paragraph (d) for “the disciplinary action imposed was not dismissal without notice” there were substituted “no disciplinary action for gross misconduct was imposed”;

(b) in paragraph (4)(a) “or the Ombudsman” were omitted both times it occurs;

(c) in paragraph (4)(c) for “the disciplinary action imposed was not dismissal without notice” there were substituted “no disciplinary action for gross misconduct was imposed”.

Modification: omission of Part 6 (reflective practice review process)

53

The Conduct Regulations are to be read as if Part 6 were omitted.

SCHEDULE 3 — Standards of Professional Behaviour

Honesty and Integrity

1

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

Authority, Respect and Courtesy

2

(1) MDP officers act with self-control and tolerance, treating members of the public and colleagues with respect and courtesy.

(2) MDP officers do not abuse their powers or authority and respect the rights of all individuals.

Equality and Diversity

3

MDP officers act with fairness and impartiality. They do not discriminate unlawfully or unfairly.

Use of Force

4

MDP officers only use force to the extent that it is necessary, proportionate and reasonable in all the circumstances.

Orders and Instructions

5

(1) MDP officers only give and carry out lawful orders and instructions.

(2) MDP officers abide by police regulations, force policies and lawful orders.

Duties and Responsibilities

6

(1) MDP officers are diligent in the exercise of their duties and responsibilities.

(2) MDP officers have a responsibility to give appropriate cooperation during investigations, inquiries and formal proceedings, participating openly and professionally in line with the expectations of a MDP officer when identified as a witness.

Confidentiality

7

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

Fitness for Duty

8

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

Discreditable Conduct

9

(1) MDP officers behave in a manner which does not discredit the police service or undermine public confidence in it, whether on or off duty.

(2) 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 Conduct

10

MDP officers report, challenge or take action against the conduct of colleagues which has fallen below the Standards of Professional Behaviour.

SCHEDULE 4 — The Performance Regulations

PART 1 — Introduction

Regulations

1

Any reference in this Schedule—

(a) to a numbered regulation is, unless otherwise stated, to the regulation set out in the paragraph so numbered in this Schedule;

(b) to “these Regulations” is to the Regulations set out in this Schedule.

Application

2

(1) Subject to paragraph (2), these Regulations apply where unsatisfactory performance or attendance by an MDP officer comes to the attention of the line manager of the MDP officer, or the chief constable, on or after 2nd November 2020.

(2) These Regulations do not apply in relation to—

(a) a senior officer;

(b) an MDP officer of the rank of constable who has not completed the period of probation applicable to the officer.

Interpretation and delegation

3

(1) In these Regulations—

“first stage appeal meeting” has the meaning given to it by regulation 18(8);

“first stage meeting” has the meaning given to it by regulation 14;

“gross incompetence” means a serious inability or serious failure of an MDP officer to perform the duties of the officer’s rank or the role the officer is currently undertaking to a satisfactory standard or level, without taking into account the officer’s attendance, to the extent that dismissal would be justified and “grossly incompetent” is to be construed accordingly;

“human resources professional” means an MDP officer or staff member who has specific responsibility for personnel matters relating to members of the MDP;

“investigator”, other than in regulation 13, means a person appointed or designated under external procedures established for England and Wales;

“nominated person” means a person appointed by the senior manager in accordance with regulation 8;

“officer concerned” means the MDP officer in respect of whom proceedings under these Regulations are, or are proposed to be, taken;

“panel” means a panel appointed by the relevant authority in accordance with regulation 33 subject to any change to the membership of that panel in accordance with regulation 34 and regulations 47;

“police friend” means a person chosen by the officer concerned in accordance with regulation 4;

“proposed witness” means a witness whose attendance at a third stage meeting the officer concerned or the relevant authority (as the case may be) wishes to request of the panel chair;

“relevant authority” means the chief constable;

“relevant terms of the final written improvement notice” has the meaning given to it by regulation 26;

“relevant terms of the written improvement notice” has the meaning given to it by regulation 18;

“second line manager” means the person appointed by the relevant authority to act as the second line manager for the purposes of these Regulations in relation to the officer concerned and who is either— a member of the MDP having supervisory responsibility for the line manager and who (in a case where the line manager is a member of the force) is senior in rank to the line manager, or a staff member who has supervisory responsibility for the line manager;

“second stage appeal meeting” has the meaning given to it by regulation 26(8);

“second stage meeting” has the meaning given to it by regulation 21(2) or 23(5)(e), as the context requires;

“senior manager” means— the MDP officer or staff member who is the supervisor of the person who is, in relation to the officer concerned, the second line manager, or in the absence of such supervisor, the MDP officer or staff member nominated by the relevant authority to carry out any of the functions of such supervisor under these Regulations, being of at least the same or equivalent rank or grade as the person who is, in relation to the officer concerned, the second line manager;

“staff association” means the Defence Police Federation;

“third stage meeting” has the meaning given to it by regulation 29(2) or 31(3), as the context requires;

(2) In these Regulations—

(a) a reference to—

(i) unsatisfactory performance or attendance, or

(ii) the performance or attendance of an MDP officer being unsatisfactory,

is a reference to an inability or failure of an MDP officer to perform the duties of the role or rank the officer is currently undertaking to a satisfactory standard or level;

(b) “unsatisfactory performance or attendance” may be construed as a reference to unsatisfactory performance and attendance;

(3) In these Regulations, references to paragraphs of Schedule 3 to the 2002 Act are to those paragraphs as applied under an agreement under section 26(1) of the 2002 Act.

(4) Information in documents which are stated to be subject to the harm test under these Regulations must not be given to the officer concerned in so far as the relevant authority considers that preventing disclosure to the officer is—

(a) necessary for the purpose of preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, criminal proceedings,

(b) necessary in the interests of national security,

(d) necessary for the purpose of the prevention or detection of misconduct by—

(i) MDP officers;

(ii) persons under the direction and control of a chief officer of a relevant force;

or their apprehension for such matters,

(e) justified on the grounds that providing the information would involve disproportionate effort in comparison to the seriousness of the unsatisfactory performance or attendance in question,

(f) necessary and proportionate for the protection of the welfare and safety of any informant or witness, or

(g) otherwise in the public interest.

(5) The relevant authority may, subject to paragraph (5), delegate any of its functions under these Regulations to—

(a) a member of the MDP of at least the rank of inspector, or

(b) a staff member who, in the opinion of the relevant authority, is of at least a similar level of seniority to an inspector.

(6) Where the relevant authority delegates its functions under regulation 31, a decision under sub-paragraph (a) or (c) of regulation 31(1) must be authorised by a senior officer.

PART 2 — General

Police friend

4

(1) The officer concerned may choose—

(a) an MDP officer,

(b) an officer from a relevant force,

(d) a person nominated by the officer’s staff association,

who is not otherwise involved in the matter, to act as a police friend.

(2) The police friend may—

(a) advise the officer concerned throughout the proceedings under these Regulations,

(b) represent the officer at any meeting under these Regulations, unless the officer has the right to be legally represented under regulation 5 and chooses to be so represented,

(d) accompany the officer to any meeting which the officer is required to attend under these Regulations.

(3) Where the police friend is an MDP officer, the chief constable must permit the police friend to use a reasonable amount of duty time for the purposes referred to in paragraph (2).

(4) Where the police friend is a staff member, the Secretary of State for Defence must permit that person to use a reasonable amount of duty time for the purposes referred to in paragraph (2).

Legal and other representation

5

(1) Where the officer concerned is required to attend a third stage meeting under regulation 31, the officer has the right to be legally represented at the meeting by a relevant lawyer of the officer’s choice.

(2) If the officer concerned chooses not to be legally represented—

(a) the meeting may take place and the officer may be dismissed or be subject to any other outcome ordered under regulation 45(2) or (6) without being legally represented, and

(b) the panel conducting the meeting may nevertheless be advised by a relevant lawyer at the meeting in accordance with regulation 41(3).

(3) Except in a case where the officer concerned has the right to be legally represented and chooses to be so represented, the officer may be represented at a meeting under these Regulations only by a police friend.

(4) A third stage meeting under regulation 31 must not take place unless the officer concerned has been notified in writing of the effect of this regulation.

Provision of notices or documents

6

Where any written notice or document is to be given to the officer concerned under these Regulations, it must be—

(a) given to the officer in person,

(b) left with a person at, or sent by recorded delivery to, the officer’s last known address,

(c) given to the officer in person by the officer’s police friend where the police friend has agreed with the relevant authority to deliver the notice or document, or

(d) given to the officer in any other manner agreed between the person who is required to give the notice or document and the officer.

Procedure at meetings under these Regulations

7

(1) Where the officer concerned participates in a third stage meeting by video link or other means under regulation 37(9) or otherwise does not attend a meeting under these Regulations, the officer may nevertheless be represented at that meeting by—

(a) a police friend, or

(b) where the officer was required to attend the third stage meeting under regulation 31, the officer’s relevant lawyer.

(2) Where the officer concerned does not participate in a third stage meeting by video link or other means under regulation 37(9) or otherwise does not attend a meeting under these Regulations, the meeting may be proceeded with and concluded in the absence of the officer whether or not the officer is so represented.

(3) During any meeting under these Regulations, the person representing the officer concerned may—

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

(i) put the case of the officer,

(ii) sum up that case,

(iii) respond on behalf of the officer to any view expressed at the meeting,

(iv) make representations concerning any aspect of proceedings under these Regulations, and

(v) in the case of a third stage meeting only, subject to paragraph (7), ask questions of any witnesses;

(b) confer with the officer.

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

(5) Where the officer concerned is participating in a third stage meeting by video link or other means in accordance with regulation 37(9), the person representing the officer or (if different) the police friend (or both) may also participate in the third stage meeting by such means together with the officer.

(6) The police friend or relevant lawyer of the officer concerned may not answer any questions asked of the officer during a meeting.

(7) The panel chair must determine whether any question should be put to a witness at a third stage meeting.

(8) At any meeting under these Regulations, the person or panel conducting the meeting may not make a finding of unsatisfactory performance or attendance or gross incompetence unless—

(a) the person or panel is satisfied on the balance of probabilities that there has been unsatisfactory performance or attendance or gross incompetence, or

(b) the officer concerned admits unsatisfactory performance or attendance or gross incompetence.

(9) The person conducting or chairing a meeting under these Regulations may allow any document to be considered at that meeting notwithstanding that a copy of it has not been—

(a) given to the person by the officer concerned in accordance with regulation 15(9), 18(6)(b), 22(8), 26(6)(b) or 35(3),

(b) given to the officer concerned in accordance with regulation 15(2) or (3), 22(2), 30(2) or 32(2), or

Nominated persons

8

(1) A senior manager may appoint another person (a “nominated person”) to carry out any of the functions of the line manager or the second line manager in these Regulations.

(2) A person appointed to carry out any of the functions of the line manager under paragraph (1) may not also be appointed under that paragraph to carry out any of the functions of the second line manager.

(3) A person appointed to carry out any of the functions of the second line manager under paragraph (1) may not also be appointed under that paragraph to carry out any of the functions of the line manager.

(4) A nominated person must be a member of the MDP or a staff member and must be, in the opinion of the relevant authority, of at least the same or equivalent rank or grade as the person whose functions the nominated person is carrying out.

(5) Where a nominated person is appointed, references in these Regulations to a line manager or a second line manager, as the case may be, must be construed as references to the nominated person, in relation to the functions which the nominated person has been appointed to carry out.

Reference to certain periods

9

(1) The relevant authority may, on the application of the officer concerned or otherwise, extend the period specified in accordance with any of the regulations mentioned in paragraph (2) if it is satisfied that it is appropriate to do so.

(2) The regulations are—

(a) regulation 16(6)(c),

(b) regulation 24(6)(c), and

(3) Unless the relevant authority is satisfied that there are exceptional circumstances making it appropriate, any such period may not be extended if the extension would result in the total length of that period exceeding 12 months.

(4) Where an extension is granted under paragraph (1) of a period specified under a regulation mentioned in paragraph (2), any reference in these Regulations to such period is to be construed as a reference to that period as so extended.

Suspension of certain periods

10

(1) Any reference in these Regulations to a period mentioned in paragraph (2) does not include any time when the officer concerned is taking extended special unpaid leave.

(2) A period is—

(a) a period specified in accordance with regulation 16(6)(c);

(b) the validity period of a written improvement notice specified in regulation 17(4);

(d) the validity period of a final written improvement notice specified in regulation 25(4);

(e) a period specified under regulation 45(7)(c), (d) or (8)(a);

(f) the validity period of a final written improvement notice extended under regulation 45(8)(c).

Meeting following investigation by the Director General

11

(1) The relevant authority must direct the line manager of the officer concerned to take the action specified in paragraph (2), (3) or (4), as the case may be, where—

(a) regulation 31 does not apply, and

(b) the relevant authority—

(i) receives an investigator’s report submitted under paragraph 22 or 24A of Schedule 3 to the 2002 Act (final reports on investigations)³⁴, and in making a determination under paragraph 24(6) (action by the relevant authority in response to an investigation report)³⁵ of 24C(4) of that Schedule (action by the Director General in response to an investigation report)³⁶, considers that the performance of the MDP officer is unsatisfactory,

(ii) has a duty under paragraph 23(5B) of that Schedule (duties of relevant authority in relation to direction by Director General to bring disciplinary proceedings)³⁷ to comply with a direction to bring disciplinary proceedings, following a determination under paragraph 23(5A)(b) of that Schedule (duties of Director General on receipt or completion of report on investigation)³⁸ that a person’s performance is unsatisfactory,

(iii) accepts a recommendation made under paragraph 25(4C)(c) of that Schedule (reviews with respect to an investigation)³⁹ that misconduct proceedings of the form specified in the recommendation are brought,

(iv) accepts a recommendation made under paragraph 25(4E)(c) of that Schedule that misconduct proceedings of the form specified in the recommendation are brought,

(v) accepts a recommendation made under paragraph 27(3A) of that Schedule (recommendation of Director General to relevant authority)⁴⁰ in relation to the unsatisfactory performance of an MDP officer, or

(vi) has a duty under paragraph 27(4)(b) of that Schedule (duties with respect to disciplinary proceedings etc)⁴¹ to comply with a direction to give effect to a recommendation referred to in paragraph (iii) or (v).

(2) In a case where—

(a) the officer concerned has received a written improvement notice under regulation 17 or 45 in relation to unsatisfactory performance which is similar to or connected with the unsatisfactory performance to which the determination mentioned in paragraph (1)(b)(i) or (ii) or the recommendation mentioned in paragraph (1)(b)(iii), (iv) or (v) relates, and

(b) the validity period of the written improvement notice, within the meaning of regulation 17(4) or 45(7)(d), has not expired,

the line manager must require the officer to attend a second stage meeting.

(3) In a case where—

(a) the officer concerned has received a final written improvement notice under regulation 25 or 45 in relation to unsatisfactory performance which is similar to or connected with the unsatisfactory performance to which the determination mentioned in paragraph (1)(b)(i) or (ii) or the recommendation mentioned in paragraph (1)(b)(iii), (iv) or (v) relates, and

(b) the validity period of the final written improvement notice, within the meaning of—

(i) regulation 25(4) or regulation 45(7)(d), or,

(ii) where the period is extended under regulation 45(8), regulation 45(8)(c),

has not expired,

the line manager must require the officer to attend a third stage meeting.

(4) In any other case, the line manager must require the officer concerned to attend a first stage meeting.

(5) The line manager must comply with a direction given by the relevant authority under paragraph (1).

(6) Where an MDP officer is required to attend a meeting under this regulation—

(a) regulations 15 to 20 apply, if the meeting is a first stage meeting,

(b) regulations 22 to 28 apply, if the meeting is a second stage meeting, and

but this is subject to paragraphs (7) and (8).

(7) Subject to the harm test under these Regulations (see regulation 3(4)), the duty to provide documents in each of regulations 15(2), 22(2) and 30(2) has effect as a duty to provide the officer concerned with a copy of—

(a) the investigator’s report referred to in paragraph (1)(b)(i);

(b) any determination of the Director General mentioned in paragraph (1)(b)(ii);

(8) Where an MDP officer is required to attend a third stage meeting under paragraph (3) by reason of the fact that the officer is subject to a final written improvement notice issued under regulation 45—

(a) the meeting must be conducted by the same panel as conducted the initial third stage meeting,

(b) regulation 47(11) to (15) apply in relation to that panel, and

(c) the officer concerned does not have the right to object to panel members under regulation 34, except in accordance with regulation 47(15).

(9) Where the relevant authority fails to make the determination referred to in paragraph (1)(b)(i) (in so far as it involves consideration of the performance of an MDP officer) before the end of 15 working days beginning with the first working day after receipt of the investigator’s report, it must notify the officer concerned of the reason for this.

Provision of information to the Director General

12

(1) This regulation applies in a case where—

(a) paragraph 18 or 19 of Schedule 3 to the 2002 Act (investigations directed by or by the Director General) applied, or

(b) paragraph 16 of that Schedule (investigations by the authority on its own behalf) applied and—

(i) the Director General—

(aa) made a recommendation under paragraph 25(4C)(c) of that Schedule (reviews with respect to an investigation) which the relevant authority accepted;

(bb) made a recommendation under paragraph 27(3A) of that Schedule (recommendation of Director General to authority) which the relevant authority accepted, or

(cc) gave a direction to the relevant authority under paragraph 27(4)(a) of that Schedule (direction by Director General where authority does not take steps to secure that full effect is given to Director General’s recommendation), or

(ii) the Secretary of State for Defence made a recommendation under paragraph 25(4E)(c) of that Schedule (reviews with respect to an investigation) which the relevant authority accepted.

(2) Where this regulation applies, the relevant authority must—

(a) send the Director General a copy of—

(i) any written record and written improvement notice given to the officer concerned under regulation 17(5);

(ii) any written notice and written summary given to the officer concerned under regulation 20(9);

(iii) any written notice as to improvement in performance or attendance under regulation 21(1)(b);

(iv) any written record and final written improvement notice given to the officer concerned under regulation 25(5);

(v) any written notice and written summary given to the officer concerned under regulation 28(9);

(vi) any written notice as to improvement in performance or attendance under regulation 29(1)(b);

(vii) any written decision given to the officer concerned under regulation 44(3);

(viii) any final written improvement notice issued or extended under regulation 45(3);

(ix) any written improvement notice issued under regulation 45(6);

(x) any written notice as to improvement in performance or attendance under regulation 47(1)(b), and

(b) notify the Director General if it extends, under regulation 9(1), any period specified in accordance with regulation 16(6)(c), 24(6)(c) or 45(7)(c) or (8)(a).

Meeting following referral under the Conduct Regulations

13

(1) Where neither regulation 23 nor regulation 31 applies and the relevant authority assesses under regulation 13(2)(b), 23(4)(b) or 26(2)(a)(iii) of the Conduct Regulations that a matter should be referred to be dealt with under these Regulations—

(a) the relevant authority must direct the line manager of the officer concerned to take the action specified in regulation 11(2), (3) or (4), as the case may be, and

(b) paragraphs (2) to (8) of regulation 11 apply, with the following modifications—

(i) in each of paragraphs (2)(a) and (3)(a), for the words from “the determination” to “(1)(b)(ii)” substitute “the assessment mentioned in regulation 13(1)”;

(ii) in paragraph (5), for “paragraph (1)” substitute “regulation 13(1)(a)”;

(iii) in paragraph (6), for “this regulation” substitute “regulation 13”;

(iv) in paragraph (7), for sub-paragraph (a) substitute—

(a) where relevant, the investigator’s report submitted under regulation 20 of the Conduct Regulations;

(2) In paragraph (1)(b)(iv), “investigator” means a person—

(a) appointed under regulation 14 of the Conduct Regulations, or

(b) appointed or, as the case may be, designated as an investigator under external procedures established for England and Wales.

PART 3 — First stage

Circumstances in which a first stage meeting may be required

14

Where the line manager of an MDP officer considers that the performance or attendance of that officer is unsatisfactory, the line manager may require the officer concerned to attend a meeting (in these Regulations referred to as a first stage meeting) to discuss the performance or attendance of the officer.

Arrangement of first stage meeting

15

(1) Where the line manager requires an MDP officer to attend a first stage meeting, the line manager must give a written notice to the officer concerned—

(a) requiring the officer to attend a first stage meeting with the line manager,

(b) informing the officer of the procedures for determining the date and time of the meeting under paragraphs (4) to (7),

(d) informing the officer of the possible outcomes of a first stage meeting, a second stage meeting and a third stage meeting,

(e) informing the officer that a human resources professional or an MDP officer may attend the meeting to advise the line manager on the proceedings,

(f) informing the officer that, if the officer consents, any other person specified in the notice may attend the meeting,

(g) informing the officer that the officer may seek advice from a representative of the staff association,

(h) informing the officer that the officer may be accompanied and represented at the meeting by a police friend, and

(i) informing the officer that the officer must provide to the line manager in advance of the meeting a copy of any document the officer intends to rely on at the meeting.

(2) The notice must be accompanied by a copy of any document relied on by the line manager when considering that the performance or attendance of the officer concerned is unsatisfactory.

(3) Where a reflective review development report has been produced under regulation 70 of the Conduct Regulations in relation to a matter which is similar to or connected with unsatisfactory performance to be discussed at the first stage meeting, the notice must also be accompanied by a copy of that report.

(4) The line manager must, if reasonably practicable, agree a date and time for the meeting with the officer concerned.

(5) Where no date and time is agreed, the line manager must specify a date and time for the meeting.

(6) Where a date and time is specified and—

(a) the officer concerned or a police friend will not be available at that time, and

(b) the officer proposes an alternative time which satisfies paragraph (7),

the meeting must be postponed to the time proposed by the officer.

(7) An alternative time must—

(a) be reasonable, and

(b) fall before the end of 5 working days beginning with the first working day after the day specified by the line manager under paragraph (5).

(8) The line manager must give the officer concerned a written notice of the date and time of the first stage meeting determined in accordance with paragraphs (4) to (7) and of the place of the meeting.

(9) In advance of the first stage meeting, the officer concerned must provide the line manager with a copy of any document the officer intends to rely on at the meeting.

Procedure at first stage meeting

16

(1) This regulation applies to the procedure to be followed at the first stage meeting.

(2) The meeting must be conducted by the line manager.

(3) A human resources professional or an MDP officer may attend the meeting to advise the line manager on the proceedings.

(4) Any other person specified in the notice referred to in regulation 15(1) may attend the meeting if the officer concerned consents.

(5) The line manager must—

(a) explain to the officer concerned the reasons why the line manager considers that the performance or attendance of the officer is unsatisfactory,

(b) provide the officer with an opportunity to make representations in response, and

(c) provide the police friend (if the officer has one) with an opportunity to address the meeting in accordance with regulation 7(3)(a).

(6) If, after considering such representations (if any) and address (if any), the line manager finds that the performance or attendance of the officer concerned has been unsatisfactory, the line manager must—

(a) inform the officer in what respect the officer’s performance or attendance is considered unsatisfactory,

(b) inform the officer of the improvement that is required in performance or attendance,

(c) inform the officer that, if a sufficient improvement is not made within such reasonable period as the line manager specifies (being a period not exceeding 12 months), the officer may be required to attend a second stage meeting in accordance with regulation 21,

(d) inform the officer that the officer will receive a written improvement notice, and

(e) inform the officer that if sufficient improvement is not maintained during any part of the validity period of the notice remaining after the expiry of the period specified in accordance with sub-paragraph (c), the officer may be required to attend a second stage meeting in accordance with regulation 21.

(7) The line manager may, if the line manager considers it appropriate, recommend that the officer concerned seek assistance in relation to any matter affecting the officer’s health or welfare.

(8) The line manager may postpone or adjourn the meeting to a specified time, or date and time, if it appears to the line manager necessary or expedient to do so.

Procedure following first stage meeting

17

(1) The line manager must, as soon as reasonably practicable after the conclusion of the first stage meeting—

(a) cause to be prepared a written record of the meeting, and

(b) where the line manager found at the meeting that the performance or attendance of the officer concerned has been unsatisfactory, cause to be prepared a written improvement notice.

(2) Where the officer concerned has failed to attend a first stage meeting, if the line manager finds that the performance or attendance of the officer has been unsatisfactory, the line manager must as soon as reasonably practicable—

(a) cause to be prepared a written improvement notice, and

(b) if the police friend attended the meeting, cause to be prepared a written record of the meeting.

(3) A written improvement notice must—

(a) record the matters of which the officer concerned was informed (or would have been informed had the officer attended the meeting) under sub-paragraphs (a) to (c) and (e) of regulation 16(6),

(b) state the period for which it is valid, and

(4) A written improvement notice is valid for a period of 12 months beginning with the date of the notice.

(5) The line manager must give a copy of any written record and any written improvement notice to the officer concerned as soon as reasonably practicable after they have been prepared.

(6) Where the line manager found that the performance or attendance of the officer concerned has been unsatisfactory and has caused to be prepared a written improvement notice, the line manager must, at the same time as giving the documents mentioned in paragraph (5), give a written notice to the officer of—

(a) the matters set out in regulation 18,

(b) the name of the second line manager to whom a written notice of appeal must be given under regulation 18(5),

(d) the effect of paragraphs (8) and (9).

(7) Subject to paragraph (9), the officer concerned may submit written comments on any written record to the line manager before the end of 7 working days beginning with the first working day after the day on which the officer receives the copy.

(8) The line manager may, on the application of the officer concerned, extend the period specified in paragraph (7) if satisfied that it is appropriate to do so.

(9) The officer concerned may not submit written comments on the written record if the officer has exercised a right to appeal under regulation 18.

(10) The line manager must ensure that any written record, any written improvement notice and any written comments of the officer concerned on the written record are retained together and filed.

Appeal against the finding and outcome of a first stage meeting

18

(1) This regulation applies where, at the first stage meeting, the line manager found that the performance or attendance of the officer concerned has been unsatisfactory.

(2) Where this regulation applies, the officer concerned may appeal against–

(a) that finding, or

(b) any of the matters specified in paragraph (3) and recorded in the written improvement notice (in these Regulations referred to as the relevant terms of the written improvement notice),

or both.

(3) These matters are—

(a) the respect in which the performance or attendance of the officer concerned is considered unsatisfactory,

(b) the improvement that is required in performance or attendance,

(4) The only grounds of appeal under this regulation are—

(a) that the finding of unsatisfactory performance or attendance was unreasonable;

(b) that any of the relevant terms of the written improvement notice are unreasonable;

(c) that there is evidence that could not reasonably have been considered at the first stage meeting which could have materially affected the finding of unsatisfactory performance or attendance or any of the relevant terms of the written improvement notice;

(d) that there was a breach of the procedures set out in these Regulations or other unfairness which could have materially affected the finding of unsatisfactory performance or attendance or any of the relevant terms of the written improvement notice.

(5) The officer concerned may commence an appeal by giving a written notice of appeal to the second line manager before the end of 7 working days beginning with the first working day after receipt of the documents referred to in regulation 17(5).

(6) The notice must–

(a) set out the grounds of appeal, and

(b) be accompanied by any evidence on which the officer relies.

(7) The second line manager may, on the application of the officer concerned, extend the period specified in paragraph (5) if satisfied that it is appropriate to do so.

(8) Subject to paragraph (9), the meeting at which the appeal is to be heard (referred to in these Regulations as the first stage appeal meeting) must take place before the end of 7 working days beginning with the first working day after the day on which the second line manager receives the notice under paragraph (5).

(9) A first stage appeal meeting may take place after the period of 7 working days referred to in paragraph (8) if the second line manager considers it necessary or expedient, in which case the second line manager must give the officer a written notice of the reasons.

Arrangement of first stage appeal meeting

19

(1) As soon as reasonably practicable after receiving the notice of appeal referred to in regulation 18(5), the second line manager must give the officer concerned a written notice—

(a) informing the officer of the procedures for determining the date and time of the meeting under paragraphs (2) to (5),

(b) informing the officer that a human resources professional or an MDP officer may attend the meeting to advise the second line manager on the proceedings,

(c) informing the officer that, if the officer consents, any other person specified in the notice may attend the meeting,

(d) informing the officer that the officer may seek advice from a representative of the staff association, and

(e) informing the officer that the officer may be accompanied and represented at the meeting by a police friend.

(2) The second line manager must, if reasonably practicable, agree a date and time for the meeting with the officer concerned.

(3) Where no date and time is agreed, the second line manager must specify a date and time for the meeting.

(4) Where a date and time is specified and—

(a) the officer concerned or the police friend will not be available at that time, and

(b) the officer proposes an alternative time which satisfies paragraph (5),

the meeting must be postponed to the time proposed by the officer.

(5) An alternative time must—

(a) be reasonable, and

(b) fall before the end of 5 working days beginning with the first working day after the day specified by the second line manager under paragraph (3).

(6) The second line manager must give the officer concerned a written notice of the date and time of the first stage appeal meeting determined in accordance with paragraphs (2) to (5) and of the place of the meeting.

Procedure at first stage appeal meeting

20

(1) This regulation applies to the procedure to be followed at a first stage appeal meeting.

(2) The meeting must be conducted by the second line manager.

(3) A human resources professional or an MDP officer may attend the meeting to advise the second line manager on the proceedings.

(4) Any other person specified in the notice referred to in regulation 19(1) may attend the meeting if the officer concerned consents.

(5) The second line manager must—

(a) provide the officer concerned with an opportunity to make representations, and

(b) provide the police friend (if the officer has one) with an opportunity to address the meeting in accordance with regulation 7(3)(a).

(6) After considering such representations (if any) and address (if any), the second line manager may—

(a) confirm or reverse the finding of unsatisfactory performance or attendance,

(b) confirm or vary any of the relevant terms of the written improvement notice appealed against.

(7) Where the second line manager reverses the finding of unsatisfactory performance or attendance, the second line manager must also revoke the written improvement notice.

(8) The second line manager may postpone or adjourn the meeting to a specified time, or date and time, if it appears to the second line manager necessary or expedient to do so.

(9) As soon as reasonably practicable after the conclusion of the meeting and in any event before the end of 3 working days beginning with the first working day after the conclusion of the meeting, the officer concerned must be given a written notice of the second line manager’s decision and a written summary of the reasons for that decision.

(10) Where the second line manager has—

(a) reversed the finding of unsatisfactory performance or attendance and revoked the written improvement notice, or

(b) varied any of the relevant terms of the written improvement notice,

the decision of the second line manager takes effect by way of substitution for the finding, the written improvement notice issued or the relevant terms of the written improvement notice appealed against immediately after the first stage meeting.

PART 4 — Second stage

Circumstances in which a second stage meeting may be required

21

(1) Where an MDP officer has received a written improvement notice, as soon as reasonably practicable after the date with which the period specified in accordance with regulation 16(6)(c) ends—

(a) the line manager must assess the performance or attendance of the officer concerned during that period, in consultation with the second line manager or a human resources professional (or both), and

(b) the line manager must give the officer a written notice as to whether the line manager considers that there has been a sufficient improvement in performance or attendance during that period.

(2) If the line manager considers that there has not been a sufficient improvement, the line manager must, at the same time as giving a notice under paragraph (1)(b), also give the officer concerned a written notice that the officer is required to attend a meeting (in these Regulations referred to as a second stage meeting) to consider performance or attendance.

(3) The officer concerned may be required to attend a second stage meeting under paragraph (4) where—

(a) the officer has not been required to attend a second stage meeting under paragraph (2), or

(b) the officer has been required to attend a second stage meeting under paragraph (2) but the second line manager did not make a finding of unsatisfactory performance or attendance at that meeting.

(4) If the line manager considers that the officer concerned has failed to maintain a sufficient improvement in performance or attendance during any part of the validity period of the written improvement notice remaining after the expiry of the period specified in accordance with regulation 16(6)(c), the line manager must give the officer a written notice of the matters set out in paragraph (5).

(5) Those matters are—

(a) that the line manager is of the view mentioned in paragraph (4), and

(b) that the officer concerned is required to attend a meeting (in these Regulations referred to as a second stage meeting) to consider performance or attendance.

(6) Any second stage meeting which an MDP officer is required to attend other than such a meeting under regulation 23 must concern unsatisfactory performance or attendance which is similar to or connected with the unsatisfactory performance or attendance referred to in the written improvement notice.

Arrangement of second stage meeting

22

(1) Where the line manager requires the officer concerned to attend a second stage meeting, the second line manager must as soon as reasonably practicable give the officer a written notice—

(a) referring to the requirement that the officer attend a second stage meeting with the second line manager,

(b) informing the officer of the procedures for determining the date and time of the meeting under paragraphs (3) to (6),

(d) informing the officer of the possible outcomes of a second stage meeting and a third stage meeting,

(e) informing the officer that the line manager may attend the meeting,

(f) informing the officer that a human resources professional or an MDP officer may attend the meeting to advise the second line manager on the proceedings,

(g) informing the officer that, if the officer consents, any other person specified in the notice may attend the meeting,

(h) informing the officer that the officer may seek advice from a representative of the staff association,

(i) informing the officer that the officer may be accompanied and represented at the meeting by a police friend, and

(j) informing the officer that the officer must provide to the second line manager in advance of the meeting a copy of any document the officer intends to rely on at the meeting.

(2) The notice must be accompanied by a copy of any document relied on by the line manager when the line manager formed the view referred to in regulation 21(2) or (4), as the case may be.

(3) The second line manager must, if reasonably practicable, agree a date and time for the meeting with the officer concerned.

(4) Where no date and time is agreed, the second line manager must specify a date and time for the meeting.

(5) Where a date and time is specified and—

(a) the officer concerned or a police friend will not be available at that time, and

(b) the officer proposes an alternative time which satisfies paragraph (6),

the meeting must be postponed to the time proposed by the officer.

(6) An alternative time must—

(a) be reasonable, and

(b) fall before the end of 5 working days beginning with the first working day after the day specified by the second line manager under paragraph (4).

(7) The second line manager must give the officer concerned a written notice of the date and time of the second stage meeting determined in accordance with paragraphs (3) to (6) and of the place of the meeting.

(8) In advance of the second stage meeting, the officer concerned must provide the second line manager with a copy of any document the officer intends to rely on at the meeting.

Circumstances in which a second stage meeting may be required without a first stage meeting

23

(1) This regulation applies where—

(a) regulation 32 does not apply, and

(b) conditions A and B are satisfied.

(2) Condition A is that the relevant authority assesses under regulation 23(4)(b) or 26(2)(a)(iii) of the Conduct Regulations that a matter should be referred to be dealt with under these Regulations.

(3) Condition B is that the relevant authority—

(a) considers that there are reasonable grounds, based on evidence from an investigation under external procedures established for England and Wales or Northern Ireland or an investigation or misconduct proceedings under the Conduct Regulations, to conclude that the officer concerned has demonstrated a serious inability or serious failure to perform the duties of the officer’s rank or the role the officer is currently undertaking to a satisfactory standard or level, such that a referral to a second stage meeting is appropriate, and

(b) having consulted the officer and the line manager, or second line manager, of the officer, is satisfied that the officer has been given a reasonable opportunity to address that inability or failure to perform, but has failed to make a sufficient improvement.

(4) The relevant authority must as soon as reasonably practicable give the officer concerned and the line manager of the officer a written notice of the matters set out in paragraph (5).

(5) Those matters are—

(a) that the relevant authority is of the view mentioned in paragraph (3),

(b) the reasons why the performance of the officer concerned is assessed as unsatisfactory,

(d) summary evidence in support of the conclusion that the performance is unsatisfactory, and

(e) that the officer is required to attend a meeting (in these Regulations referred to as a second stage meeting) to consider the officer’s performance.

(6) Where notice has been given in accordance with paragraph (4), the line manager must require the officer concerned to attend a second stage meeting.

(7) Where an MDP officer is required to attend a second stage meeting under this regulation, regulations 22 and 24 to 28 apply with the following modifications—

(a) omit regulation 22(2);

(b) in regulation 24(6), omit the words from “during the period” to “specified period”;

(d) in regulation 26(4)(a), for the words from “as the meeting” to the end substitute “as the conclusions of the relevant authority under regulation 23(3) were unreasonable”.

Procedure at second stage meeting

24

(1) This regulation applies to the procedure to be followed at the second stage meeting.

(2) The meeting must be conducted by the second line manager and may be attended by the line manager.

(3) A human resources professional or an MDP officer may attend the meeting to advise the second line manager on the proceedings.

(4) Any other person specified in the notice referred to in regulation 22(1) may attend the meeting if the officer concerned consents.

(5) The second line manager must—

(a) explain to the officer concerned the reasons why the officer has been required to attend the meeting,

(b) provide the officer with an opportunity to make representations in response, and

(c) provide the police friend (if the officer has one) with an opportunity to address the meeting in accordance with regulation 7(3)(a).

(6) If, after considering such representations (if any) and address (if any), the second line manager finds that the performance or attendance of the officer concerned has been unsatisfactory during the period specified in accordance with regulation 16(6)(c) or during any part of the validity period of the written improvement notice remaining after the expiry of that specified period, the second line manager must—

(a) inform the officer in what respect the performance or attendance is considered unsatisfactory,

(b) inform the officer of the improvement that is required in performance or attendance,

(c) inform the officer that, if a sufficient improvement is not made within such reasonable period as the second line manager specifies (being a period not exceeding 12 months), the officer may be required to attend a third stage meeting in accordance with regulation 29 and the second line manager must specify the date with which this period ends,

(d) inform the officer that the officer will receive a final written improvement notice, and

(e) inform the officer that if the sufficient improvement referred to in sub-paragraph (c) is not maintained during any part of the validity period of the notice remaining after the expiry of the period specified in accordance with sub-paragraph (c), the officer may be required to attend a third stage meeting in accordance with regulation 29.

(7) The second line manager may, if the second line manager considers it appropriate, recommend that the officer concerned seek assistance in relation to any matter affecting the officer’s health or welfare.

(8) The second line manager may postpone or adjourn the meeting to a specified time, or date and time, if it appears to the second line manager necessary or expedient to do so.

Procedure following second stage meeting

25

(1) The second line manager must, as soon as reasonably practicable after the conclusion of the second stage meeting—

(a) cause to be prepared a written record of the meeting, and

(b) where the second line manager made a finding at the meeting as set out in regulation 24(6), cause to be prepared a final written improvement notice.

(2) Where the officer concerned has failed to attend a second stage meeting, if the second line manager makes a finding as set out in regulation 24(6), the second line manager must as soon as reasonably practicable—

(a) cause to be prepared a final written improvement notice, and

(b) if the police friend attended the meeting, cause to be prepared a written record of the meeting.

(3) A final written improvement notice must—

(a) record the matters of which the officer concerned was informed (or would have been informed had the officer attended the meeting) under sub-paragraphs (a) to (c) and (e) of regulation 24(6),

(b) state the period for which it is valid, and

(4) A final written improvement notice is valid for a period of twelve months beginning with the date of the notice.

(5) The second line manager must give a copy of the written record and any final written improvement notice to the officer concerned as soon as reasonably practicable after they have been prepared.

(6) Where the second line manager made a finding as set out in regulation 24(6) and has caused to be prepared a final written improvement notice, the second line manager must, at the same time as giving the documents mentioned in paragraph (5), give the officer concerned a written notice of—

(a) the matters set out in regulation 26(3),

(b) the name of the senior manager to whom a written notice of appeal must be given under regulation 26(5),

(d) the effect of paragraphs (8) and (9).

(7) Subject to paragraph (9), the officer concerned may submit written comments on the written record to the second line manager before the end of 7 working days beginning with the first working day after the day on which the copy is received by the officer.

(8) The second line manager may, on the application of the officer concerned, extend the period specified in paragraph (7) if satisfied that it is appropriate to do so.

(9) The officer concerned may not submit written comments on the written record if the officer has exercised a right to appeal under regulation 26.

(10) The second line manager must ensure that any written record, any final written improvement notice and any written comments of the officer concerned on the written record are retained together and filed.

Appeal against the finding and outcome of a second stage meeting

26

(1) This regulation applies where, at the second stage meeting, the second line manager found that the performance or attendance of the officer concerned has been unsatisfactory as set out in regulation 24(6).

(2) Where this regulation applies, the officer concerned may appeal against one or more of the following—

(a) that finding;

(b) any of the matters specified in paragraph (3) and recorded in the final written improvement notice (in these Regulations referred to as the relevant terms of the final written improvement notice);

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