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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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(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.

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”.

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.

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.

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);

(3) The 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, in relation to an appeal under paragraph (2)(c), the officer concerned should not have been required to attend the second stage meeting as the meeting did not concern unsatisfactory performance or attendance which is similar to or connected with the unsatisfactory performance or attendance referred to in the written improvement notice;

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

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

(e) 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 final written improvement notice.

(5) An appeal must be commenced by the officer concerned giving a written notice of appeal to the senior manager before the end of 7 working days beginning with the first working day after receipt of the documents referred to in regulation 25(5).

(6) The notice must–

(a) set out the grounds of appeal of the officer concerned, and

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

(7) The senior 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 will be heard (referred to in these Regulations as a second 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 notice under paragraph (5) is received by the senior manager.

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

27

(1) As soon as reasonably practicable after receiving the notice of appeal referred to in regulation 26(5), the senior 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 senior 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 senior 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 senior 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 senior manager under paragraph (3).

(6) The senior manager must give the officer concerned a written notice of the date, time and place of the second stage appeal meeting.

28

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

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

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

(4) Any other person specified in the notice referred to in regulation 27(1) may attend the meeting if the officer concerned consents.

(5) The senior 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 senior manager may—

(a) in an appeal under regulation 26(2)(c), make a finding that the officer concerned should not have been required to attend the second stage meeting and reverse the finding made at that meeting;

(b) confirm or reverse the finding of unsatisfactory performance or attendance made at the second stage meeting;

(7) Where the senior manager reverses the finding of unsatisfactory performance or attendance made at the second stage meeting, the senior manager must also revoke the final written improvement notice.

(8) The senior manager may postpone or adjourn the meeting to a specified time, or date and time, if it appears to the senior 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 senior manager must give the officer concerned a written notice of the senior manager’s decision and a written summary of the reasons for that decision.

(10) Where the senior manager has—

(a) reversed the finding of unsatisfactory performance or attendance made at the second stage meeting (see regulation 24(6)) and revoked the final written improvement notice, or

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

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

29

(1) Where an MDP officer has received a final written improvement notice, as soon as reasonably practicable after the date with which the period specified in accordance with regulation 24(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 the line manager gives 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 third stage meeting) to consider performance or attendance.

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

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

(b) the officer has been required to attend a third stage meeting under paragraph (2) but the panel 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 final written improvement notice remaining after the expiry of the period specified in accordance with regulation 24(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 third stage meeting) to consider performance or attendance.

(6) Unless regulation 31 applies, any third stage meeting which an MDP officer is required to attend must concern unsatisfactory performance or attendance which is similar to or connected with the unsatisfactory performance or attendance referred to in the final written improvement notice.

30

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

(a) referring to the requirement that the officer attend a third stage meeting with a panel appointed by the relevant authority,

(b) informing the officer of the procedures for determining the date and time of the meeting under regulation 37,

(d) informing the officer of the possible outcomes of the meeting,

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

(f) informing the officer that a relevant lawyer may attend the meeting to advise the panel on the proceedings and on any question of law that may arise at the meeting,

(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, and

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

(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 29(2) or (4), as the case may be.

(3) A third stage meeting under this regulation must not take place unless the officer concerned has been notified of the right to representation under paragraph (1)(i).

31

(1) This regulation applies where the relevant authority—

(a) decides that the performance of an MDP officer constitutes gross incompetence,

(b) has a duty under paragraph 23(5B)[^f00045] of Schedule 3 to the 2002 Act (duties of appropriate authority in relation to direction by Director General to bring disciplinary proceedings) to comply with a direction, following a determination under paragraph 23(5A)(b) of that Schedule (duties of Director General on receipt or completion of report on investigation) that a person’s performance is unsatisfactory and amounts to gross incompetence,

(c) decides to accept a recommendation made under paragraph 25(4C)(c)[^f00046] of that Schedule (reviews with respect to an investigation) that misconduct proceedings of the form specified in the recommendation are brought,

(d) decides to accept a recommendation made under paragraph 25(4E)(c) of that Schedule that misconduct proceedings of the form specified in the recommendation are brought,

(e) decides to accept a recommendation made under paragraph 27(3A)[^f00047] of that Schedule (recommendation of Director General to appropriate authority) that a police officer’s performance is unsatisfactory and amounts to gross incompetence, or

(f) has a duty under paragraph 27(4)(b) of that Schedule (duties with respect to disciplinary proceedings etc) to comply with a direction to give effect to a recommendation referred to in sub-paragraph (c) or (e).

(2) The relevant authority must inform the officer concerned in writing that the officer is required to attend a meeting to consider performance where this regulation applies.

(3) Such meeting is referred to in these Regulations as a third stage meeting, notwithstanding that the officer concerned has not attended a first stage meeting or a second stage meeting in respect of such performance.

32

(1) Where the relevant authority has informed the officer concerned under regulation 31(2) that the officer is required to attend a third stage meeting, the relevant authority must as soon as reasonably practicable give the officer a written notice—

(a) referring to the requirement that the officer attend a third stage meeting with a panel appointed by the relevant authority,

(b) informing the officer of the procedures for determining the date and time of the meeting under regulation 37,

(d) informing the officer of the possible outcomes of the meeting,

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

(f) informing the officer that a relevant lawyer may attend the meeting to advise the panel on the proceedings and on any question of law that may arise at the meeting,

(g) in a case to which regulation 39 applies, informing the officer thatthe Director General may attend the meeting to make representations,

(h) in a case to which regulation 40 applies, informing the officer that the complainant or any interested person may attend the meeting as an observer,

(i) in a case to which regulation 41(5) applies, informing the officer that a person nominated by the Director General may attend the meeting as an observer,

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

(k) in a case to which regulation 41(9) applies, informing the officer that the Director General may direct that the whole or part of the meeting be in public,

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

(m) informing the officer of the effect of regulation 5, and

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

(2) Subject to the harm test under these Regulations (see regulation 3(4)), the notice must be accompanied by a copy of—

(a) any document relied on by the relevant authority when it formed the view referred to in sub-paragraph (a) of regulation 31(1), in a case where regulation 31 applies by virtue of that sub-paragraph, or

(b) in a case investigated under eternal procedures established for England and Wales—

(i) the investigator’s report under paragraph 22 or 24A[^f00048] of Schedule 3 to the 2002 Act (reports of final investigations) and the determination of the Director General under paragraph 23(5A)(b) (duties of Director General on receipt or completion of report on investigation), or

(ii) in a case where regulation 32 applies by virtue of paragraph (1)(b), (c) or (d), the recommendation made under paragraph 25(4C)(c) (reviews with respect to an investigation), paragraph 27(3A) (recommendation of Director General to appropriate authority), or paragraph 25(4E)(c) (reviews with respect to an investigation), of that Schedule.

33

(1) The third stage meeting must be conducted by a panel comprising a panel chair and two other members.

(2) The panel must be appointed by the relevant authority and consist of at least one MDP officer and one human resources professional.

(3) The panel chair must be a senior officer or a member of a relevant force holding a rank above that of chief superintendent or a senior human resources professional.

(4) The second panel member must be either an MDP officer or an officer of a relevant force, or a human resources professional of at least the rank of superintendent or (in the opinion of the relevant authority) equivalent rank.

(5) The third panel member must be either an MDP officer or an officer of a relevant force, or a staff member of at least the rank of superintendent or (in the opinion of the relevant authority) equivalent rank.

(6) Each panel member must be of at least the same rank as the officer concerned or (in the opinion of the relevant authority) equivalent rank.

(7) No panel member may be an interested party.

(8) As soon as reasonably practicable after the panel members have been appointed, the relevant authority must give the officer concerned a written notice of their names.

(9) As soon as the relevant authority has appointed the panel members, the relevant authority must arrange for a copy of any document—

(a) which was available to the line manager in relation to any first stage meeting,

(b) which was available to the second line manager in relation to any second stage meeting, or

to be made available to each panel member, and a copy of any such document must be given to the officer concerned.

(10) In this regulation—

“interested party” means a person whose appointment could reasonably give rise to a concern as to whether the person could act impartially under these Regulations;

“senior human resources professional” means a human resources professional who, in the opinion of the relevant authority, has sufficient seniority, skills and experience to be a panel chair.

34

(1) The officer concerned may object to the appointment of any of the panel members.

(2) Any such objection must be made in writing to the relevant authority before the end of 3 working days beginning with the first working day after receipt of the notice referred to in regulation 33(8) and must set out the grounds of objection of the officer concerned.

(3) The relevant authority must give the officer concerned a written notice as to whether it upholds or rejects an objection to any panel member.

(4) If the relevant authority upholds an objection, the relevant authority must remove that member from the panel and must appoint a new member to the panel.

(5) If the relevant authority appoints a new panel member under paragraph (4), it must ensure that the requirements for the composition of the panel in regulation 33 continue to be met.

(6) As soon as reasonably practicable after any such appointment, the relevant authority must give the officer concerned a written notice of the name of the new panel member.

(7) The officer concerned may object to the appointment of a panel member appointed under paragraph (4).

(8) Any such objection must be made in writing before the end of 3 working days beginning with the first working day after receipt of the notice referred to in paragraph (6) and must set out the grounds of objection of the officer concerned.

(9) The relevant authority must comply with paragraphs (3) to (6) in relation to the objection referred to in paragraph (7).

35

(1) Before the end of—

(a) 14 working days beginning with the first working day after the date on which a notice has been given to the officer concerned under regulation 30 or 32, or

(b) where that period is extended by the panel chair for exceptional circumstances, such extended period,

the officer concerned must comply with paragraphs (2) and (3).

(2) The officer concerned must give the relevant authority—

(a) a written notice of whether or not the officer accepts that the officer’s performance or attendance has been unsatisfactory or that the officer has been grossly incompetent, as the case may be;

(b) where the officer accepts that the officer’s performance or attendance has been unsatisfactory or that the officer has been grossly incompetent, any written submission the officer wishes to make in mitigation;

(c) where the officer does not accept that the officer’s performance or attendance has been unsatisfactory or that the officer has been grossly incompetent, or where the MDP officer disputes all or part of the matters referred to in the notice given under regulation 30 or 32, a written notice of—

(i) the matters 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 panel.

(3) The officer concerned must provide the relevant authority and the panel with a copy of any document the officer intends to rely on at the third stage meeting.

(4) Before the end of 3 working days beginning with the first working day after the date on which the officer concerned has complied with paragraph (2), the senior manager and the officer must each give to the other a list of proposed witnesses or give notice to the other that they do not have any proposed witnesses, and any list of proposed witnesses must include brief details of the evidence that each witness is able to adduce.

(5) Where there are proposed witnesses, the officer concerned must, if reasonably practicable, agree a list of proposed witnesses with the senior manager.

(6) Where no list of proposed witnesses is agreed under paragraph (5), the officer concerned must give the relevant authority the officer’s list of proposed witnesses.

36

(1) As soon as reasonably practicable after any list of proposed witnesses has been—

(a) agreed under regulation 35(5), or

(b) given under regulation 35(6),

the relevant authority must give that list to the panel chair, together with, in the latter case, a list of its proposed witnesses.

(2) The panel chair must—

(a) consider the list or lists of proposed witnesses, and

(b) subject to paragraph (3), determine which, if any, witnesses should attend the third stage meeting.

(3) The panel chair may determine that witnesses not named in any list of proposed witnesses should attend the third stage meeting.

(4) No witness may give evidence at a third stage meeting unless the panel chair reasonably believes that it is necessary in the interests of fairness for the witness to do so, in which case the chair must—

(a) where the witness is an MDP officer, cause that person to be ordered to attend the third stage meeting, and

(b) in any other case, cause the witness to be given notice that the witness’s attendance is necessary and of the date, time and place of the meeting.

37

(1) Subject to paragraphs (2) and (6) and regulation 38, the third stage meeting must take place before the end of 30 working days beginning with the first working day after the day on which a notice has been given to the officer concerned under regulation 30 or 32.

(2) The panel chair may extend the time period specified in paragraph (1) where the panel chair considers that it would be in the interests of fairness to do so.

(3) Where the panel chair extends the time period under paragraph (2), the panel chair must give a written notice of the reasons for so doing to the relevant authority and the officer concerned.

(4) The panel chair must, if reasonably practicable, agree a date and time for the third stage meeting with the officer concerned.

(5) Where no date and time is agreed, the panel chair must specify a date and time for the third stage 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 third stage 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 panel chair.

(8) The panel chair must give the officer concerned a written notice of the date and time of the third stage meeting determined in accordance with this regulation and of the place of the meeting.

(9) Where the officer concerned informs the panel chair in advance that the officer is unable to attend the third stage meeting on grounds which the panel chair considers reasonable, the panel chair may allow the officer to participate in the meeting by video link or other means.

(10) Where the Director General is entitled to attend the third stage meeting to make representations under regulation 39(2), or to nominate a person to attend the proceedings as an observer under regulation 41(4), the relevant authority must give the Director General written notice of the date, time and place of the proceedings.

38

(1) If the panel chair considers it necessary or expedient, the panel chair may direct that the third stage meeting take place at a date and time that is later than that specified in the notice given under regulation 37.

(2) Such direction may specify a date and time which falls after the period of 30 working days referred to in regulation 37(1).

(3) Where the panel chair makes a direction under paragraph (1), the panel chair must give a written notice of the reasons and the revised date, time and place for the meeting to—

(a) the officer concerned,

(b) the other panel members, and

39

(1) This regulation applies in a case falling within regulation 31, where—

(a) paragraph 18 or 19 of Schedule 3 to the2002 Actapplied (investigations directed by or by the Director General), or

(b) paragraph 16 of that Schedule (investigations by the relevant 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 relevant authority) which the relevant authority accepted, or

(cc) gave a direction under paragraph 27(4)(a) of that Schedule (direction by Director General where relevant 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) The Director General may attend the third stage meeting to make representations, and where the Director General does so—

(a) the Director General may be represented by a relevant lawyer,

(b) the Director General must notify the complainant or any interested person before the meeting, and

(3) The investigator or a nominated person must attend the third stage meeting on the request of the panel chair to answer questions.

(4) For the purpose of this regulation, a “nominated person” is a person who, in the opinion of—

(a) the relevant authority, or

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

has sufficient knowledge of the investigation of the case to be able to assist the panel.

40

(1) This regulation applies in a case falling within regulation 31 where the third stage meeting arises from a complaint or conduct matter investigated under external procedures established for England and Wales, Northern Ireland or Scotland.

(2) The relevant authority must give the complainant or any interested person a written notice of the date, time and place of the third stage meeting.

(3) Subject to this regulation and any conditions imposed under regulation 41(12)—

(a) the complainant may attend as an observer any part of the third stage meeting relating to the subject matter of the complaint, and

(b) an interested person may attend as an observer any part of the third stage meeting relating to the subject matter of the complaint or conduct matter in respect of which the person is an interested person.

(4) Subject to paragraph (5) and any conditions imposed under regulation 41(12), a complainant or interested person may be accompanied by one other person, and if the complainant or interested person has a special need, by one further person to accommodate that need.

(5) Where a complainant or interested person, or any accompanying person, is to give evidence as a witness at the third stage meeting, the complainant or interested person and any accompanying person may not be allowed to attend the meeting before giving evidence.

(6) Where the officer concerned objects to the complainant or interested person, or any accompanying person, being present while a submission is made in mitigation on the officer’s behalf, the panel chair may require the complainant or interested person, or any accompanying person, to withdraw while the submission is made.

(7) The panel chair may, at the panel chair’s discretion, put any questions to the officer concerned that the complainant or interested person may request be put to the officer.

41

(1) Subject to regulations 39 and 40 and paragraph (10) of this regulation, the third stage meeting must be in private.

(2) A human resources professional and an MDP officer may attend the meeting to advise the panel on the proceedings.

(3) A relevant lawyer may attend the meeting to advise the panel on the proceedings and on any question of law that may arise at the meeting.

(4) Where regulation 39 applies, a person nominated by the Director General may attend a third stage meeting held under regulation 31 as an observer.

(5) Any other person specified in the notice to the officer concerned in accordance with regulation 30(1)(g) or 32(1)(j) may attend the meeting if the officer consents.

(6) Subject to any contrary decision by the panel chair, a witness other than a complainant, interested person or the officer concerned may only attend the third stage meeting for the purposes of giving their evidence.

(7) The panel chair may, at the panel chair’s discretion, permit a witness in the third stage meeting to be accompanied at that meeting by one other person.

(8) This paragraph applies where—

(a) a third stage meeting is held under regulation 31;

(b) the Director General investigated the case under paragraph 19 of Schedule 3 to the 2002 Act;

(c) the Director General considers that, because of the gravity of the case or other exceptional circumstances, it would be in the public interest for all or part of the third stage meeting to be held in public;

(d) the Director General has consulted with—

(i) the relevant authority;

(ii) the officer concerned;

(iii) the complainant or interested person;

(iv) any witnesses.

(9) Where paragraph (8) applies, the Director General may direct that the whole or part of the third stage meeting be in public.

(10) The panel is under a duty to comply with a direction given under paragraph (9).

(11) A direction under paragraph (9), together with the reasons for it, must be notified as soon as practicable, and in any event before the end of 5 working days beginning with the first working day after the decision was taken, to the persons consulted under that paragraph.

(12) The panel chair may impose such conditions as the panel chair sees fit relating to the attendance under regulation 40 or this regulation of persons at the third stage meeting (including circumstances in which they may be excluded) in order to facilitate the proper conduct of the meeting.

42

(1) Where it appears to the panel chair that any person may, in giving evidence, disclose information which ought not to be disclosed to any person attending the meeting, other than the officer concerned, because it is information to which paragraph (2) applies, the panel chair must require such attendees to withdraw while the evidence is given.

(2) This paragraph applies to information in so far as the panel chair considers that preventing disclosure of it is—

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

(b) necessary in the interests of national security,

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

(i) other MDP officers, or

(ii) persons under the direction or control of a chief officer of a relevant force,

or their apprehension for such matters,

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

(f) otherwise in the public interest.

43

(1) The panel chair must determine the procedure at the third stage meeting and, in so far as it is set out in these Regulations, must determine it in accordance with these Regulations.

(2) Where the officer concerned is required to attend a third stage meeting under regulation 29, the panel chair must—

(a) provide the officer with an opportunity to make representations in relation to the matters referred to in the notice given under regulation 30, and

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

(3) Where the officer concerned is required to attend a third stage meeting under regulation 31, the panel chair must—

(a) provide the officer concerned with an opportunity to make representations in relation to the matters referred to in the notice given under regulation 32;

(b) provide the person representing the officer with an opportunity to address the meeting in relation to such matters in accordance with regulation 7(3)(a).

(4) The panel chair may adjourn the meeting to a specified time, or date and time, if it appears to the panel chair necessary or expedient to do so.

(5) A verbatim record of the meeting must be taken and the officer concerned must, on request, be given a copy.

44

(1) Following the third stage meeting, the panel must make a finding as to whether—

(a) in a case falling within regulation 29(2), the performance or attendance of the officer concerned during the period specified in accordance with regulation 24(6)(c) has been satisfactory,

(b) in a case falling within regulation 29(4), the performance or attendance of the officer concerned during any part of the validity period of the final written improvement notice remaining after the expiry of the period specified in accordance with regulation 24(6)(c) has been satisfactory, or

(c) in a case falling within regulation 31, the performance of the officer concerned constitutes gross incompetence, unsatisfactory performance or neither.

(2) The panel must prepare (or must cause to be prepared) their decision in writing which must state the finding and their reasons, as well as any outcome which they order under regulation 45.

(3) As soon as reasonably practicable and in any event before the end of 3 working days beginning with the first working day after the conclusion of the meeting, the panel chair must give a written copy of the decision to—

(a) the officer concerned, and

(b) the line manager.

(4) Where the panel have made a finding of unsatisfactory performance or attendance or gross incompetence, the copy of the decision given to the officer concerned must be accompanied by a written notice setting out the circumstances in which and the time within which an MDP officer may appeal under the Appeals Tribunals Regulations.

(5) Any finding or decision of the panel under this regulation or regulation 46 must be based on a simple majority but must not indicate whether it was taken unanimously or by a majority.

45

(1) If the panel make a finding that, in a case falling within regulation 29(2) or (4), the performance or attendance of the officer concerned has been unsatisfactory they may, subject to paragraph (4), order—

(a) one of the outcomes mentioned in paragraph (3)(a), (c) or (f), or

(b) where the panel are satisfied that there are exceptional circumstances which justify it, the outcome mentioned in paragraph (3)(d).

(2) If the panel make a finding that, in a case falling within regulation 31, the performance of the officer concerned constitutes gross incompetence, they may, subject to paragraph (4), order one of the outcomes mentioned in paragraph (3)(b), (c), (e) or (f).

(3) The outcomes are—

(a) dismissal of the officer concerned with notice, the period of the notice to be decided by the panel, subject to a minimum period of 28 days;

(b) dismissal of the officer concerned with immediate effect;

(d) an extension of the period of the final written improvement notice issued to the officer concerned;

(e) the issue to the officer concerned of a final written improvement notice;

(f) redeployment of the officer concerned to alternative duties (which may involve a reduction of rank) within the MDP.

(4) The panel may not order a reduction in rank with immediate effect where the third stage meeting relates to the attendance of the officer.

(5) In considering whether to order any of the outcomes mentioned in paragraph (3), the panel—

(a) must have regard to the record of police 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 their consideration, and

(i) the officer, the officer’s police friend or, in a case falling within regulation 31, the officer’s relevant lawyer, and

(ii) the relevant authority,

an opportunity to make oral or written representations before making a decision.

(6) If the panel make a finding, in a case falling within regulation 31, of unsatisfactory performance, they must order the issue to the officer concerned of a written improvement notice.

(7) A written improvement notice or a final written improvement notice issued under this regulation must—

(a) state in what respect the performance or attendance of the officer concerned (as the case may be) is considered unsatisfactory or the performance, grossly incompetent,

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

(c) state that, if a sufficient improvement is not made within such reasonable period as the panel specifies (being a period not exceeding 12 months), the officer may be required to attend a second stage meeting (in the case of a written improvement notice) or another third stage meeting (in the case of a final written improvement notice) and state the date with which this period ends,

(d) state that it is valid for a period of 12 months beginning with the date of the notice,

(e) state that, if the sufficient improvement referred to in sub-paragraph (c) is not maintained during any part of the validity period 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 the case of a written improvement notice) or another third stage meeting (in the case of a final written improvement notice, and

(f) be signed and dated by the panel chair.

(8) Where the panel orders an extension of the period relating to the final written improvement notice—

(a) the notice must be amended—

(i) to state that if the officer concerned does not make a sufficient improvement within such reasonable period as the panel specifies (being a period not exceeding 12 months) the officer may be required to attend another third stage meeting, and

(ii) to state the date with which this period ends;

(b) the panel may vary any of the other matters recorded in the notice;

46

(1) Where a written improvement notice has been issued under regulation 45, the performance or attendance of the officer concerned must be assessed under regulation 21 as if the officer had received a written improvement notice under regulation 17.

(2) Where, as a result of such assessment, the officer concerned is required to attend a second stage meeting, these Regulations have effect as if the officer had been required to attend that meeting under regulation 21 in which case—

(a) references to the period specified in accordance with regulation 16(6)(c) must be construed as references to the period specified under regulation 45(7)(c), and

(b) references to the validity period of the written improvement notice must be construed as references to the validity period of the written improvement notice issued under regulation 45.

(3) Where an MDP officer is required to attend such a second stage meeting, that meeting 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.

47

(1) Where a final written improvement notice has been issued under regulation 45, as soon as reasonably practicable after the end of the period specified by the panel under regulation 45(7)(c) or, where the panel orders an extension of the period, regulation 45(8)(a)—

(a) the panel must assess the performance or attendance of the officer concerned (as the case may be) during that period, and

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

(2) If the panel considers that there has not been a sufficient improvement, the panel chair must, at the same time as the panel chair gives a written notice under paragraph (1)(b), also give the officer concerned a written notice that the officer is required to attend another third stage meeting to consider the officer’s performance or attendance.

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

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

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

(4) If the panel 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 final written improvement notice remaining after the expiry of the period specified in accordance with regulation 45(7)(c) or, where the panel orders and extension of the period, regulation 45(8)(a), the panel chair must give the officer a written notice of the matters set out in paragraph (5).

(5) Those matters are—

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

(b) that the officer concerned is required to attend another third stage meeting to consider the officer’s performance or attendance.

(6) In a case falling within paragraph (2) or (4), the relevant authority must give the officer concerned the notice referred to in regulation 30.

(7) Where the officer concerned is required to attend a third stage meeting under this regulation, these Regulations have effect as if the case fell within regulation 29(2) or (4), as the case may be.

(8) Where these Regulations have effect in the manner described in paragraph (7)—

(a) references to the period specified in accordance with regulation 24(6)(c) are to be construed as references to the period specified under regulation 45(7)(c) or (8)(a), as the case may be, and

(b) references to the validity period of the final written improvement notice are to be construed as references to the validity period mentioned in regulation 45(7)(d) or (8)(c), as the case may be.

(9) Any third stage meeting which an MDP officer is required to attend under this regulation must concern unsatisfactory performance or attendance which is similar to or connected with the unsatisfactory performance or attendance referred to in the final written improvement notice issued or extended under regulation 45 or, if amended under regulation 45(8)(a), as so amended.

(10) References in this regulation to the panel are references to the panel that conducted the initial third stage meeting, subject to paragraph (11).

(11) Where any of the panel members are not able to continue to act as such, the relevant authority must remove that member from the panel and must appoint a new member to the panel.

(12) If the relevant authority appoints a new panel member under paragraph (11), it must ensure that the requirements for the composition of the panel in regulation 33 continue to be met.

(13) As soon as reasonably practicable after any such appointment, the relevant authority must give the officer concerned a written notice of the name of the new panel member.

(14) The officer concerned may object to the appointment of a panel member appointed under paragraph (11).

(15) Any such objection must be made in accordance with regulation 34(2), provided that it must be made before the end of 3 working days beginning with the first working day after receipt of the notice referred to in paragraph (13); and the relevant authority must comply with regulation 34(3) to (6) in relation to the objection but paragraph (7) of that regulation does not apply.

48

(1) Where an MDP officer is required to attend another third stage meeting under regulation 47—

(a) that meeting must be conducted by the same panel as conducted the initial third stage meeting (subject to any change in that panel under regulation 47);

(b) the officer concerned may not object to panel members under regulation 34, except in accordance with regulation 47;

(2) Following that third stage meeting, the panel may not order an extension of the period of the final written improvement notice issued to the officer concerned.

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.

2

(1) In these Regulations—

“appellant” means an MDP officer or a former MDP officer who has given a notice of appeal in accordance with regulation 7 or 8;

“chair” means the person appointed in accordance with regulation 6(2)(a), 6(3)(a) or 6(4)(a) as the case may be;

“disciplinary action”—in relation to an MDP officer, means disciplinary action under the Conduct Regulations;in relation to a former MDP officer, means a finding that the former officer would have been dismissed if the former officer had not ceased to be a member of the MDP;

“Head of HR” means the head of HR for the MDP in the Ministry of Defence;

“lay person” has the meaning given in paragraph 10 of Schedule 6 to the Police Act 1996[^f00049];

“original hearing” means—the misconduct hearing or accelerated misconduct hearing under the Conduct Regulations, ora third stage meeting under the Performance Regulations,at or following which the relevant decision was made;

“relevant decision” means the finding or decision as to the disciplinary action or outcome which may be appealed or is being appealed to a tribunal in accordance with regulation 3, 4 or 5;

“relevant time” means, in relation to a former MDP officer, the time immediately before the former officer ceased to be such an officer;

“specified appeal” means—in relation to England and Wales, an appeal where paragraph 16 of Schedule 3 to the 2002 Act (investigations by the appropriate authority on its own behalf)[^f00050] applied and—the Director General—made a recommendation under paragraph 25(4C)(c) of that Schedule (reviews with respect to an investigation)[^f00051] which the relevant authority accepted,made a recommendation under paragraph 27(3A) of that Schedule (recommendation of Director General to authority)[^f00052] in relation to the unsatisfactory performance of an MDP officer, orgave a direction under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings)[^f00053], orthe 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;in relation to England and Wales, an appeal where paragraph 18 or 19 of Schedule 3 to the 2002 Act (directed and independent investigations)[^f00054] applied;in relation to Northern Ireland, an appeal where the relevant decision arose from a case where—a recommendation had been made under section 59(2) of the 1998 Act (steps to be taken after investigation) that disciplinary proceedings should be brought, ora direction had been given under section 59(5) of that Act;

“tribunal” means the police appeals tribunal appointed under regulation 6.

(2) In these Regulations, any expression which is also used in the Conduct Regulations or the Performance Regulations, unless that expression is given a different meaning in paragraph (1), has the same meaning as in those Regulations.

(3) Where any written notice or document is to be given or supplied to the appellant under these Regulations, it must be—

(a) given to the appellant in person,

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

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

3

(1) Subject to paragraph (3), an MDP officer to whom paragraph (2) applies may appeal to a tribunal in reliance on one or more of the grounds of appeal referred to in paragraph (4) against one or both of the following—

(a) a finding referred to in paragraph (2)(a), (b) or (c) made under the Conduct Regulations;

(b) any decision to impose disciplinary action under the Conduct Regulations in consequence of that finding.

(2) This paragraph applies to—

(a) an officer, other than a senior officer, against whom a finding of misconduct or gross misconduct has been made at a misconduct hearing,

(b) a senior officer against whom a finding of misconduct or gross misconduct has been made at a misconduct meeting or a misconduct hearing, or

(3) An MDP officer may not appeal to a tribunal against a finding referred to in paragraph (2)(a), (b) or (c) where that finding was made following acceptance by the officer that the officer’s conduct amounted to misconduct or gross misconduct (as the case may be).

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

(a) that the finding or decision to impose disciplinary action was unreasonable,

(b) that there is evidence that could not reasonably have been considered at the original hearing which could have materially affected the finding or decision on disciplinary action, or

(c) that there was a breach of the procedures set out in the Conduct Regulations or external procedures established for England and Wales or Northern Ireland or unfairness which could have materially affected the finding or decision on disciplinary action.

4

(1) Subject to paragraph (3), an MDP officer to whom paragraph (2) applies may appeal to a tribunal in reliance on one or more of the grounds of appeal referred to in paragraph (6) against one or both of the following—

(a) a finding referred to in paragraph (2) made under the Performance Regulations;

(b) an outcome which is imposed under the Performance Regulations in consequence of that finding and mentioned in paragraph (4) or (5).

(2) This paragraph applies to an MDP officer against whom a finding of unsatisfactory performance or attendance or gross incompetence has been made at a third stage meeting.

(3) An MDP officer may not appeal to a tribunal against a finding referred to in paragraph (2) where that finding was made following acceptance by the officer that the officer’s performance or attendance has been unsatisfactory or that the officer has been grossly incompetent (as the case may be).

(4) Where there has been a finding of unsatisfactory performance or attendance following a third stage meeting which the MDP officer was required to attend under regulation 29 of the Performance Regulations, the officer may appeal against the following outcomes—

(a) dismissal with notice;

(b) reduction in rank;

(5) Where there has been a finding of gross incompetence or unsatisfactory performance following a third stage meeting which the MDP officer was required to attend under regulation 31 of the Performance Regulations, the officer may appeal against the following outcomes—

(a) dismissal without notice;

(b) reduction in rank;

(d) the issue of a final written improvement notice;

(e) the issue of a written improvement notice.

(6) The grounds of appeal under this regulation are—

(a) that the finding or outcome imposed was unreasonable,

(b) that there is evidence that could not reasonably have been considered at the original meeting which could have materially affected the finding or decision on the outcome,

(c) that there was a breach of the procedures set out in the Performance Regulations or in the external procedures established for England and Wales, or unfairness which could have materially affected the finding or decision on the outcome, or

(d) that, where the MDP officer was required to attend the third stage meeting under regulation 29 of the Performance Regulations, the officer should not have been required to attend that meeting as it did not, in accordance with regulation 29(6) or 47(9) of those Regulations, concern unsatisfactory performance or attendance similar to or connected with the unsatisfactory performance or attendance referred to in the final written improvement notice.

5

(1) Subject to paragraph (3), a former MDP officer to whom paragraph (2) applies may appeal to a tribunal in reliance on one or more of the grounds of appeal referred to in paragraph (4) against one or both of the following—

(a) a finding referred to in paragraph (2)(a) or (b) made under the Conduct Regulations;

(b) any decision to impose disciplinary action under the Conduct Regulations in consequence of that finding.

(2) This paragraph applies to—

(a) a former MDP officer against whom a finding of misconduct or gross misconduct has been made at a misconduct hearing, and

(b) a former MDP officer against whom a finding of gross misconduct has been made at an accelerated misconduct hearing.

(3) A former MDP officer may not appeal to a tribunal against a finding referred to in paragraph (2)(a) or (b) where that finding was made following acceptance by the former officer that the officer’s conduct amounted to misconduct or gross misconduct (as the case may be).

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

(a) that the finding or decision to impose disciplinary action was unreasonable,

(b) that there is evidence that could not reasonably have been considered at the original hearing which could have materially affected the finding or decision to impose disciplinary action, or

(c) that there was a breach of the procedures set out in the Conduct Regulations, or unfairness which could have materially affected the finding or decision to impose disciplinary action.

6

(1) The composition of the tribunal is to differ according to—

(a) whether the appellant was a senior officer immediately before the original hearing or, as the case may be, relevant time, and

(b) whether the appellant was an MDP officer serving in England and Wales, Scotland or Northern Ireland at the time the relevant conduct occurred or began.

(2) If the appellant was a senior officer immediately before the original hearing or, as the case may be, at the relevant time, 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 Chancellor for the purposes of paragraph 1(1)(a) of Schedule 6 to the Police Act 1996[^f00055],

(b) one must be Her Majesty’s Chief Inspector of Constabulary appointed under section 54(1) of the Police Act 1996 (appointment of functions of inspectors of constabulary), and

(c) one must be chosen from a list of candidates maintained by the Ministry of Defence Police Committee appointed by the Secretary of State under section 1(5) of the 1987 Act.

(3) If the appellant was an MDP officer (other than a senior officer) serving in England and Wales or Northern Ireland immediately before the original hearing or, as the case may be, at the relevant time, 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 a relevant force other than the Police Service of Scotland, and

(ii) not based in Scotland, and

(4) If the appellant was an MDP officer (other than a senior officer) serving in Scotland immediately before the original hearing or, as the case may be, at the relevant time, the tribunal is to consist of three members appointed by the Head of HR, of whom—

(a) one must be a person who is a legal member of the First-tier Tribunal under section 15(2) of the Tribunals (Scotland) Act 2014,

(b) one must be a senior officer from the Police Service of Scotland, and

(5) The chair of the tribunal must be the person referred to in paragraph (2)(a), (3)(a) or (4)(a), whichever is relevant.

(6) If at any time that is relevant for the purposes of this regulation, the appellant was serving outside of the United Kingdom on detached duty from a station in the United Kingdom, the appellant is to be treated for those purposes as if serving at the station at that time.

7

(1) Subject to regulation 8 (notice of appeal out of time), an MDP officer or a former MDP officer who wishes to appeal to a tribunal must give notice of the appeal before the end of 10 working days beginning with the first working day after the day on which the officer is first supplied with a written copy of the relevant decision.

(2) The notice of appeal must be given in writing to the Head of HR.

(3) The officer or former officer may request a transcript of the proceedings (or part of the proceedings) at the original hearing in the officer’s or former officer’s notice of appeal.

8

(1) This regulation applies where an MDP officer or a former MDP officer wishes to give notice of an appeal to a tribunal after the end of the period mentioned in regulation 7(1).

(2) An MDP officer or a former MDP officer may give notice of the appeal within a reasonable time after the end of that period.

(3) The notice must be accompanied by the reasons why it was not given within that period and the reasons for the officer’s or former officer’s view that it has been given within a reasonable time after that period.

(4) Upon receipt of a notice of appeal out of time, the Head of HR must supply a copy of the notice and the reasons to the chair who must determine—

(a) whether it was reasonably practicable for the notice to be given within the period mentioned in regulation 7(1), and

(b) whether the notice has been given within a reasonable time after the end of that period.

(5) If the chair determines either that it was reasonably practicable for the notice to be given within that period or that the notice has not been given within a reasonable time after the end of that period, the appeal must be dismissed.

(6) Where the appeal is not dismissed under paragraph (5), the appeal must proceed and the chair must give directions for the application of regulation 11 to the appeal (procedure on notice of appeal).

9

(1) Where the appellant is a senior officer or a former senior officer, the respondent must be a person designated by the Head of HR.

(2) Where the appellant is any other MDP officer or former MDP officer, the respondent must be the chief constable.

10

(1) Where paragraph (2) applies to an appeal, the Director General or Ombudsman must present the case for the respondent.

(2) This paragraph applies to an appeal if the Director General or Ombudsman presented the case to which the appeal relates at the misconduct hearing or, as the case may be, accelerated misconduct hearing.

(3) The respondent must give the Director General or Ombudsman any assistance the Director General or Ombudsman reasonably requires for the purpose of presenting a case.

(4) Where the Director General or Ombudsman is presenting the case in accordance with paragraph (1), all references to the respondent in regulations 11 (other than paragraph (1)(a)), 12 to 14, 16, 17, 22, 24 and 25 are to be read as if they referred instead to the Director General or Ombudsman, as the case may be.

11

(1) As soon as reasonably practicable, the Head of HR must supply a copy of the notice of appeal—

(a) to the respondent;

(b) to theDirector General, where—

(i) the appeal is a specified appeal in relation to England and Wales, or

(ii) the Director General is presenting the case, in accordance with regulation 10(1), and

(i) the appeal is a specified appeal in relation to Northern Ireland, or

(ii) the Ombudsman is presenting the case, in accordance with regulation 10(1).

(2) As soon as reasonably practicable after receipt of a copy of the notice of appeal, and in any event before the end of 15 working days beginning with the first working day after the day of such receipt, the respondent must supply to the Head of HR—

(a) a copy of the relevant decision made at or following the original hearing provided under regulation 42(2) or 63(1) of the Conduct Regulations or regulation 44(3) of thePerformance Regulations;

(b) any documents which were made available to the person or persons conducting the original hearing, and

(3) A copy of any such transcript must at the same time be given to the appellant.

(4) The appellant must supply the following documents to the Head of HR in accordance with paragraph (6)—

(a) a statement of the relevant decision and the grounds of appeal,

(b) any supporting documents,

(i) a list of any proposed witnesses,

(ii) a witness statement from each proposed witness, and

(d) if the appellant consents to the appeal being determined without a hearing, notice of such consent.

(5) For the purposes of paragraph (4)(c)—

(a) an appellant is only permitted to adduce witness evidence where the appellant is relying on the ground of appeal set out in regulation 3(4)(b), 4(6)(b) or 5(4)(b) (that there is evidence that could not reasonably have been considered at the original hearing which could have materially affected the finding or decision to impose disciplinary action);

(b) a “proposed witness” is a person—

(i) whom the appellant wishes to call to give evidence at the hearing,

(ii) whose evidence was not and could not reasonably have been considered at the original hearing, and

(iii) whose evidence could have materially affected the relevant decision.

(6) The appellant must supply the documents mentioned in paragraph (4) before the end of—

(a) 20 working days beginning with the first working day after the day on which the appellant is supplied with a copy of the transcript under paragraph (3), or

(b) where no transcript has been requested under regulation 7(3), 35 working days beginning with the first working day after the day on which the appellant gave notice of the appeal to the Head of HR.

(7) The Head of HR must give a copy of the documents supplied under paragraph (4) to the respondent as soon as reasonably practicable following receipt.

(8) Before the end of 20 working days beginning with the first working day after the day on which the respondent receives the documents under paragraph (7), the respondent must supply the following documents to the Head of HR—

(a) a statement of the respondent’s response to the appeal,

(b) any supporting documents,

(i) a list of any proposed witnesses,

(ii) a witness statement from each proposed witness, and

(d) if the respondent consents to the appeal being determined without a hearing, notice of such consent.

(9) For the purposes of paragraph (8)(c)—

(a) a respondent is only permitted to adduce witness evidence where the appellant is relying on the ground of appeal set out in regulation 3(4)(b), 4(6)(b) or 5(4)(b);

(b) a “proposed witness” is a person—

(i) whom the respondent wishes to call to give evidence at the hearing, and

(ii) whose evidence is relevant to all or part of the evidence on which the appellant is relying for the purposes of regulation 3(4)(b), 4(6)(b), or 5(4)(b).

(10) The respondent must at the same time as supplying to the Head of HR the documents referred to in paragraph (8)(a) to (d), give the appellant a copy of the documents referred to in paragraph (8)(a), (c) and (d), together with a list of the documents (if any) supplied under paragraph (8)(b).

(11) On receipt of the documents supplied under paragraph (8), the Head of HR must give to the chair a copy of the documents supplied under paragraphs (4) and (8).

12

(1) The appellant or the respondent may apply to the Head of HR for an extension of a relevant period.

(2) Any such application must set out the period of the required extension and the reasons for the application.

(3) As soon as reasonably practicable after receipt of an application under paragraph (1), the Head of HR must—

(a) give a copy of the application to the other party (being the appellant or the respondent as the case may be), and

(b) ask that other party whether the party consents to the application.

(4) If the other party consents to the application, the relevant period must be extended in accordance with the application and regulation 11 has effect as if for that period there were substituted the extended period.

(5) If the other party does not consent to the application, the application must be referred to the chair who must determine whether the relevant period should be extended and, if so, by how long; and where the chair extends the relevant period, regulation 11 has effect as if for that period there were substituted the extended period.

(6) In this regulation, “relevant period” means, in relation to an application by the appellant, the period referred to in regulation 11(6)(a) or (b) and, in relation to an application by the respondent, the period referred to in regulation 11(2) or (8).

13

(1) Upon receipt of the documents mentioned in regulation 11(4) and (8), the chair must determine whether the appeal, or one or more grounds of appeal, must be dismissed under paragraph (2).

(2) An appeal, or a ground of appeal, must be dismissed under this paragraph if the chair considers that the appeal, or ground of appeal, has no real prospect of success, unless the chair considers there is some compelling reason why the appeal, or, as the case may be, ground of appeal, should proceed.

(3) If the chair proposes to dismiss the appeal, or ground of appeal, under paragraph (2), the chair must give the appellant and the respondent notice in writing of the chair’s view together with the reasons for that view before making a determination.

(4) The appellant and the respondent may make written representations in response to the chair before the end of 10 working days beginning with the first working day after the day of receipt of that notification; and the chair must consider any such representations before making a determination.

(5) The chair must give notice in writing of the determination to—

(a) the appellant,

(b) the respondent,

(d) where the appeal was a specified appeal—

(i) relating to England and Wales, to the Director General, or

(ii) relating to Northern Ireland, to the Ombudsman.

(6) Where the chair determines that the appeal, or ground of appeal, must be dismissed under paragraph (2)—

(a) the notification under paragraph (5) must include the reasons for the determination, and

(b) the appeal, or, as the case may be, ground of appeal, must be dismissed.

14

(1) Where an appeal has not been dismissed under regulation 13, the chair must determine whether the appeal should be dealt with at a hearing.

(2) The chair may determine that the appeal should be dealt with without a hearing, but only if the appellant has so consented.

(3) Where the appeal is to be dealt with at a hearing—

(a) regulations 16 to 25 apply, and

(b) the chair must give the appellant and the respondent the chair’s name and contact details.

15

(1) If the Secretary of State considers it expedient in the interests of national security, the Secretary of State may give a direction (“the direction”) in writing to an appeal hearing relating to one or more of the following matters—

(a) that all or part of the hearing must be conducted in private;

(b) that a specified person must be excluded from all or part of the hearing;

(d) that specified information must be excluded from any notice published under regulation 17(5) (notice of the hearing) or statement published under regulation 25(9) (publication of statement and report during notice period).

(2) The Secretary of State must provide the direction, or a copy of it, to the relevant authority and the Head of HR as soon as possible.

(3) Following receipt of the direction, the Head of HR must supply a copy of it to the chair as soon as possible.

(4) The chair must comply with the direction.

16

(1) At any time following the provision of the documents mentioned in regulation 11(4) and (8), the appellant or the respondent (the “requesting party”) may apply to the chair for disclosure of any document by the other party which is relevant to the appeal.

(2) The chair may request the disclosure of any such document by the other party and where it is disclosed, a copy must be given to the chair and to the requesting party.

(3) Where a party does not comply with a request to disclose under paragraph (2), the party must give the chair and the requesting party the reasons for non-disclosure in writing.

17

(1) The chair must cause the appellant and the respondent to be given written notice of the date, time and place of the hearing at least 20 working days, or such shorter period as may with the agreement of both parties be determined, before the date of the hearing.

(2) Where the appellant or the respondent (or both) have proposed witnesses under regulation 11, the chair must determine which, if any, witnesses may give evidence at the hearing.

(3) No witness may give evidence at the hearing unless the chair reasonably believes that it is necessary for the witness to do so, in which case the chair must—

(a) where the witness is an MDP officer, cause that person to be ordered to attend the hearing, and

(b) in any other case, cause the witness to be given notice that their attendance is necessary and of the date, time and place of the hearing.

(4) The following paragraphs only apply to an appeal brought in accordance with regulation 3 or 5.

(5) Having taken into account any representations made under paragraph (7)(c), the chair may require notice of the hearing to be published which contains information relating to one or more of—

(a) the name of the appellant;

(b) the date of the hearing;

(d) the place at which the hearing will take place;

(e) the finding made under the Conduct Regulations or the disciplinary action, if any, imposed under the Conduct Regulations in consequence of a finding in relation to which the appeal has been brought.

(6) Where the chair requires notice to be published in accordance with paragraph (5), the MDP must publish the notice on its website at least than 5 working days before the day on which the hearing begins.

(7) Any person to whom this paragraph applies may make written representations to the chair in relation to—

(a) whether, and (if so) the extent to which, the chair should exclude any person from all or any part of the hearing under regulation 24(1);

(b) whether the chair should impose any conditions under regulation 24(2);

(i) whether the chair should require notice to be published under paragraph (5);

(ii) which types of information mentioned in paragraph (5)(a) to (e) should be included in any such notice.

(8) Paragraph (7) applies to—

(a) the appellant;

(b) the respondent;

(d) any interested person;

(e) any witness;

(f) the Director General;

(g) the Ombudsman.

(9) Any written representations made in accordance with paragraph (7) must be provided no later than the date specified by the chair for provision of such representations.

18

(1) The appellant has the right to be represented at a hearing by a relevant lawyer or a police friend.

(2) Where the appellant is represented at the hearing by a relevant lawyer, the appellant may also be accompanied at the hearing by a police friend.

(3) If an appellant chooses not to be represented, the hearing may take place and the appeal may be determined without the appellant being represented.

(4) The respondent has the right to be represented at a hearing by—

(a) a relevant lawyer,

(b) an MDP officer, or

(5) Where a 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 this regulation.

(6) 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 this regulation

(7) Paragraph (4)(b) to (d) do not apply where the Director General or the Ombudsman is presenting the case in accordance with regulation 10(1).

19

(1) The tribunal must determine the procedure at a hearing and, insofar as it is set out in these Regulations, must determine it in accordance with these Regulations.

(2) The tribunal may proceed with the hearing in the absence of either party, whether represented or not, if it appears to be just and proper to do so, and may adjourn it from time to time if it appears necessary to do so.

(3) Unless the tribunal determines otherwise, the evidence adduced by the appellant must be given first.

(4) Witnesses giving evidence at the hearing may be subject to questioning and cross-questioning.

(5) Any question as to whether any evidence is admissible, or whether any question should or should not be put to a witness, must be determined by the tribunal.

(6) A verbatim record of the evidence given at the hearing must be taken; and the Head of HR must keep that record for a period of at least two years beginning with the day after the date of the end of the hearing.

20

(1) Subject to paragraph (2), the tribunal may admit as evidence a witness statement of a proposed witness supplied under regulation 11(4)(c)(ii) or (8)(c)(ii), notwithstanding that the person is not to be called as a witness at the hearing.

(2) Evidence is not admissible under this regulation if it would not have been admissible had it been given orally.

(3) For the purposes of this regulation, a written statement purporting to be made and signed by a person and witnessed by another person must be presumed to have been made by that person unless the contrary is shown.

(4) This regulation does not affect the admissibility of written evidence which would be admissible apart from the provisions of this regulation.

21

(1) Subject to regulations 15 and 24, the hearing of an appeal brought in accordance with regulation 3 or 5 (appeals made in relation to the Conduct Regulations and by former officers) must be held in public.

(2) Subject to paragraph (3) and regulations 22 and 23, the hearing of an appeal brought in accordance with regulation 4 (appeals made in relation to the Performance Regulations) must be held in private.

(3) The tribunal may allow a person to attend all or part of the hearing of an appeal brought in accordance with regulation 4 as an observer for the purposes of training.

22

(1) This regulation applies where a complainant or interested person was entitled to attend the original hearing.

(2) The chair must cause notice of the date, time and place of the hearing to be given to the complainant or any interested person at the same time as that notice is given to the appellant and the respondent under regulation 17(1).

(3) Subject to this regulation and regulation 24, the complainant or any interested person (or both) may attend the hearing as an observer.

(4) Subject to this regulation and regulation 24, the complainant or interested person may each be accompanied by one other person, and if the complainant or interested person has a special need, each by one further person to accommodate that need.

(5) The chair may put any questions to the appellant that the complainant or interested person request be put to the appellant.

23

(1) Subject to paragraphs (3) and (4), this regulation applies to a specified appeal.

(2) The chair must cause notice of the date, time and place of the hearing to be given, in the case of a specified appeal—

(a) relating to England and Wales to the Director General, and

(b) relating to Northern Ireland, to the Ombudsman,

at the same time as such notice is given to the appellant and the respondent under regulation 17(1).

(3) The Director General, or the Ombudsman, as the case may be, may attend the hearing as an observer, except where an appeal is brought in accordance with regulation 4 or 5 (appeals brought in relation to the Performance Regulations or by former MDP officers).

(4) This regulation does not apply if the Director General or Ombudsman is presenting the case in accordance with regulation 10(1).

24

(1) On the application of the appellant or the respondent or otherwise, the chair may require any person to withdraw from all or any part of the hearing.

(2) The chair may impose such conditions as the chair sees fit relating to the attendance of a person at the hearing in order to facilitate the proper conduct of the hearing.

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