The British Transport Police (Barred List and Advisory List) Regulations 2026

Published: Mon 13th Jul 26

These Regulations require the British Transport Police Authority to maintain a barred persons list and an advisory list for constables and civilian employees.

The instrument specifies what personal and professional information the Authority must record, sets conditions for the publication of barred list data, and establishes protocols for the automatic or requested removal of individuals from these lists.

It applies to the British Transport Police Authority, the Chief Constable, and current or former members and civilian employees of the British Transport Police Force in England, Wales, and Scotland.

Arguments For

The order states that maintaining these lists is a requirement under Schedule 25 to the Crime and Policing Act 2026 to ensure accountability within the British Transport Police Force.
Proponents argue that the publication of barred list information serves the public interest and maintains confidence in policing by providing transparency regarding dismissals for conduct or gross incompetence.
The regulations specify safeguards for individuals, such as automatic removal from lists upon death, successful legal appeals, or after defined time periods for less severe infractions (e.g., 12 months for unsatisfactory performance).
The legislation provides a formal mechanism for individuals to apply for removal from these lists, requiring the Authority to consider evidence of suitability and the impact on public confidence.

Arguments Against

Legal scholars may question the broad discretion given to the Authority in determining whether it is "appropriate" to remove a person from a list after the minimum period has elapsed.
Civil liberties organizations might raise concerns regarding the publication of personal data, including full names and dates of birth, and its long-term impact on future employment outside of law enforcement.
Potential implementation difficulties could arise from the subjective nature of "gross incompetence" for civilian employees, which the regulations define as a "serious inability or serious failure" justifying dismissal.
Affected parties may argue that the five-year publication period for barred individuals remains a significant barrier to rehabilitation, even in cases where national security or criminal investigations are not at risk.

Part 1 General

Citation, commencement and extent

-(1) These Regulations may be cited as the British Transport Police (Barred List and Advisory List) Regulations 2026 and come into force on 21st September 2026.

(2) These Regulations extend to England and Wales and Scotland.

This section establishes the official title of the statutory instrument and sets the date it becomes legally active as September 21, 2026.

It specifies that the legal reach of these regulations includes the jurisdictions of England, Wales, and Scotland.

Interpretation

-(1) In these Regulations-

'the 2003 Act' means the Railways and Transport Safety Act 2003;

'the 2026 Act' means the Crime and Policing Act 2026;

'advisory list' means the advisory list maintained by the Authority under paragraph 9(1) of Schedule 25 to the 2026 Act;

'Authority' means the British Transport Police Authority established under section 18 of the 2003 Act;

'barred list' means the barred persons list maintained by the Authority under paragraph 1(1) of Schedule 25 to the 2026 Act;

'constable' means-

(a) a member of the police force appointed and employed by the Authority under section 24 of the 2003 Act, or
(b) a special constable of the police force appointed by the Chief Constable of the police force under section 25 of the 2003 Act;

'gross incompetence' means-

(a) in relation to a constable, a serious inability or serious failure of a constable to perform the duties of the constable's rank or the role the constable is currently undertaking to a satisfactory standard or level, without taking into account the constable's attendance, to the extent that dismissal would be justified and 'grossly incompetent' is to be construed accordingly, or
(b) in relation to a civilian employee, a serious inability or serious failure to perform the duties of the role currently being undertaken to a satisfactory standard or level, otherwise than by reason of unsatisfactory attendance, to the extent that dismissal would be justified;

'police force' means the British Transport Police Force established under section 20 of the 2003 Act;

'relevant allegation' has the meaning given in paragraph 10(7) of Schedule 25 to the 2026 Act;

'relevant dismissal' means where a person by virtue of being dismissed at disciplinary proceedings ceases to be a constable, or to be a civilian employee;

'relevant finding' means where a person-

(a) is a former constable, a finding in disciplinary proceedings that they would have been dismissed if they had still been a constable, or
(b) is a former civilian employee, a finding in disciplinary proceedings that they would have been dismissed if they had still been such an employee;

'working day' means a day other than-

(a) a Saturday or a Sunday,
(b) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales or Scotland, or
(c) a day which is a public holiday in England, Wales or Scotland.

(2) For the purposes of paragraph 5(1)(b) of Schedule 25 to the 2026 Act, 'appeal proceedings' means any internal review or appeal during which a decision taken in disciplinary proceedings is considered and may be set aside.

(3) For the purposes of paragraph 13(e) of Schedule 25 to the 2026 Act 'disciplinary proceedings' means-

(a) in relation to a civilian employee, any proceeding or management process during which that person's conduct results in them being dismissed and the reason, or one of the reasons, for the dismissal relates to conduct, efficiency or effectiveness;
(b) in relation to a former civilian employee, any proceeding or management process during which that person's conduct while a civilian employee is considered in order to determine whether a finding should be made that they would have been dismissed if they had still been such an employee and the reason or one of the reasons, for the dismissal would have related to conduct, efficiency or effectiveness.

This section defines the key terms used throughout the regulations, such as who qualifies as a constable or a civilian employee.

It provides a specific legal definition for 'gross incompetence,' characterizing it as a serious failure to meet performance standards to a degree that justifies dismissal.

It also clarifies the meaning of 'disciplinary proceedings' for both current and former civilian staff.

Part 2 The barred list

Information to be included in the barred list

-(1) The Authority must include in the barred list the following information in relation to each person ('P') included in the list-

(a) P's full name;
(b) P's date of birth;
(c) whether at the time of the relevant dismissal or relevant finding by virtue of which P was included in the list, P was a constable, a former constable, a civilian employee or a former civilian employee;
(d) where P was a constable at the time of the relevant dismissal-
(i) P's rank at that time, and
(ii) any number used at that time to identify P as a constable, for example, a warrant number;
(e) where P was a former constable at the time of the relevant finding-
(i) P's rank when P was last a constable, and
(ii) any number used when P was last a constable to identify P as such, for example, a warrant number;
(f) where P was a civilian employee at the time of the relevant dismissal, any number used at that time to identify P as such an employee;
(g) where P was a former civilian employee at the time of the relevant finding, any number used when P was last a civilian employee to identify P as such;
(h) the reasons for the relevant dismissal or the relevant finding, including where applicable-
(i) a description of P's conduct which led to the relevant dismissal or the relevant finding, and
(ii) any provision of the Standards of Professional Behaviour breached by P;
(i) the date of the relevant dismissal or the relevant finding;
(j) the date P's details are included in the barred list.

(2) In this regulation, 'Standards of Professional Behaviour' has the meaning given in the Police (Conduct) Regulations 2020.

This section mandates the specific data points the British Transport Police Authority must record for every person placed on the barred list.

Requirements include personal identifiers like name and date of birth, as well as professional details such as rank, warrant numbers, and the specific reasons or conduct breaches that led to their dismissal or the finding against them.

Automatic removal following legal proceedings

Where paragraphs 4 and 5 of Schedule 25 to the 2026 Act do not apply, the Authority must nevertheless remove a person ('P') from the barred list as soon as reasonably practicable where-

(a) P is reinstated as a civilian employee of the Authority following a decision of any court or tribunal, or
(b) the dismissal by virtue of which P was included in the barred list under paragraph 2(2) (a) or 3(2)(a) of Schedule 25 to the 2026 Act is found to have been an unfair dismissal by any court or tribunal.

This section directs the Authority to remove an individual from the barred list if a court or tribunal determines their dismissal was unfair or orders their reinstatement.

The removal must occur as soon as is reasonably practical following such a legal decision.

Automatic removal after 12 months

The Authority must remove a person ('P') from the barred list as soon as reasonably practicable where-

(a) P was included in the barred list under paragraph 2(2)(a) or 3(2)(a) of Schedule 25 to the 2026 Act,
(b) the reason for P's dismissal related to P's unsatisfactory performance, not amounting to gross incompetence, or unsatisfactory attendance, and
(c) P has been included in the list for a period of 12 months beginning with the day on which P was included in the barred list.

This provision establishes a 12-month limit for inclusion on the barred list for certain cases.

It applies specifically to individuals dismissed for attendance issues or performance problems that do not reach the threshold of gross incompetence.

Automatic removal on death

Where it comes to the attention of the Authority that a person who is included in the barred list has died, the Authority must remove that person from the list as soon as reasonably practicable.

The Authority is required to remove an individual's entry from the barred list upon learning that the person has died.

This action must be performed as soon as is reasonably practicable.

Removal from the barred list: on application of a listed person

-(1) Paragraph (2) applies where a person ('P') has been included in the barred list for the relevant minimum period or longer.

(2) P may apply to the Authority to be removed from the barred list if-

(a) the application is P's first under this regulation, or
(b) in any other case, the condition set out in paragraph (3) is met.

(3) The condition is met if P makes the application-

(a) on or after the date specified by the Authority under paragraph (7) when dismissing P's most recent application, or
(b) where no date was specified under paragraph (7), after the expiry of the relevant minimum period beginning with the day on which the Authority dismissed P's most recent application.

(4) An application under paragraph (2)-

(a) must be made in the form and manner determined by the Authority, and
(b) may contain any information or be accompanied by any other documents that P considers relevant to the application.

(5) On considering P's application in accordance with paragraph (6), where the Authority-

(a) is satisfied that it is appropriate for P to be removed from the barred list, the Authority must remove P from the list as soon as reasonably practicable;
(b) is not satisfied that it is appropriate for P to be removed from the barred list, the Authority must dismiss P's application.

(6) In determining whether it is appropriate for P to be removed from the barred list the Authority must have regard to-

(a) the extent to which P has shown that P is suitable to be employed or otherwise appointed by a law enforcement employer,
(b) the circumstances of the relevant dismissal, or circumstances which led to the relevant finding, by virtue of which P was included in the barred list, and
(c) the impact on public confidence in the police of removing P from the barred list.

(7) Where the Authority dismisses P's application, the Authority may specify a date, being no later than the last day of the relevant minimum period beginning with the day on which the application is dismissed, before which no further application may be made by P under this regulation.

(8) Before making a decision under paragraph (5) or (7)-

(a) the Authority may request further representations, information or documents from P;
(b) where P was a special constable or former special constable, the Authority may also request further information from the Chief Constable of the police force; and the Chief Constable of the police force must comply with any such request.

(9) The Authority must before the end of the period of five working days beginning with the day on which the decision is made-

(a) give P notice of its decision on P's application;
(b) where P was a special constable or former special constable, give the Chief Constable of the police force notice of its decision on P's application.

(10) In this regulation-

'law enforcement employer' has the meaning given in section 206 of the 2026 Act;

'relevant minimum period' means-

(a) where P was included in the barred list pursuant to paragraph 2(2)(a) or 3(2)(a) of Schedule 25 to the 2026 Act and the reason for P's dismissal, or one of the reasons for the dismissal, related to a finding that P's performance constituted gross incompetence, three years;
(b) in any other case, five years.

This section outlines the process for individuals to request removal from the barred list after a minimum period—three years for gross incompetence or five years for other reasons.

The Authority must weigh the applicant's suitability for law enforcement work, the severity of their original dismissal, and the potential impact on public confidence before arriving at a decision.

It also empowers the Authority to set a date for when a person may reapply if their current application is rejected.

Publication of information in the barred list

-(1) This regulation applies in relation to a person ('P') who is included in the barred list under paragraph 2(2) of Schedule 25 to the 2026 Act where-

(a) in the case of inclusion in the barred list under paragraph 2(2)(a) of that Schedule, P was dismissed at disciplinary proceedings under provision made by the Authority relating to matters which are the subject of the Police (Conduct) Regulations 2020, or
(b) in the case of inclusion in the barred list under paragraph 2(2)(b) of that Schedule, the relevant finding by virtue of which P was included in the list was made at disciplinary proceedings under provision made by the Authority relating to matters which are the subject of the Police (Conduct) Regulations 2020.

(2) Subject to paragraph (4), the Authority must publish in accordance with paragraph (3) the information in relation to P required under regulation 3(a), (c), (d)(i), (e)(i), (h) and (i).

(3) The information required to be published under paragraph (2) must-

(a) be published in such manner as the Authority considers appropriate,
(b) be published no later than the last working day of the month following the month in which P was included in the barred list,
(c) subject to regulation 9, remain published by the Authority for a period of five years beginning with the day on which it is first published, and

(d) cease to be published by the Authority at the end of that period.

(4) The Authority must not publish any of the information in relation to P if publishing some or all of that information-

(a) would be against the interests of national security,
(b) might prejudice the investigation or prosecution of a criminal offence or any civil proceedings, or
(c) would result in a significant risk of harm to any person, including P.

(5) In determining whether paragraph (4) applies, the Authority must have regard to the extent to which, and the manner in which, any of the information in relation to P has already been made available to the public.

(6) Where, after the Authority has decided not to publish the information under paragraph (4), it becomes aware that the circumstances which led to that decision no longer apply, the Authority must publish the information.

This section requires the Authority to publicly release specific details about individuals on the barred list, including their names, rank, and the reasons for their dismissal, for a five-year period.

However, it prohibits publication if doing so would threaten national security, interfere with legal proceedings, or cause a significant risk of physical or psychological harm to any person.

The Authority must monitor these conditions and publish the information if the reasons for withholding it cease to exist.

Review of publication

-(1) This regulation applies where the information in relation to a person ('P') who is included in the barred list is published by the Authority under regulation 8.

(2) The Authority must consider any matter which comes to its attention, including by way of representations made in a written statement under provision equivalent to Rule 26(7) of the Police Appeals Tribunals Rules 2020, which may be relevant to the question of whether the continued publication of some or all of the specified information in relation to P-

(a) is against the interests of national security,
(b) might prejudice the investigation or prosecution of a criminal offence or any civil proceedings, or
(c) is resulting in significant risk of harm to any person, including P.

(3) Where, having considered the matter, the Authority decides that continuing to publish some or all of the information in relation to P has any of the effects mentioned in paragraph (2), the Authority must cease to publish all of the information in relation to P.

(4) Where the Authority is required to cease publishing the information under paragraph (3), it must do so before the end of the period of five working days beginning with the day on which it makes the decision under that paragraph.

(5) Where, after the Authority has ceased publication of the information under paragraph (3), it becomes aware that the circumstances in paragraph (2) which required the Authority to cease publishing that information no longer apply, the Authority must republish the information in question for the remainder of the required period.

(6) Where the Authority decides that continuing to publish the information would not have the effects described in paragraph (2), the Authority is not required to review that decision if there has been no material change in the circumstances which led to that decision.

(7) Where the Authority removes P from the barred list, the Authority must cease to publish all of the information in relation to P.

(8) In this regulation, 'required period' means the period for which the Authority is required to publish the information under regulation 8(3)(c), ending no later than the end of the period of five years beginning with the day on which the information was first published by the Authority.

This provision mandates that the Authority review whether the ongoing public disclosure of a person's barred status continues to be appropriate based on evidence regarding national security, legal prejudice, or personal harm.

If the Authority finds that publication meets any of these negative criteria, it must stop publishing the information within five working days.

If an individual is removed from the barred list entirely, all public information regarding them must be retracted.

Part 3 The advisory list

Information to be included in the advisory list

The Authority must include in the advisory list the following information in relation to each person ('P') included in the list-

(a) P's full name;
(b) P's date of birth;
(c) where Condition 1 in paragraph 10 of Schedule 25 of the 2026 Act is met in relation to P-
(i) whether, at the time of resigning or retiring P was a constable of the police force or a civilian employee;
(ii) where P was a constable of the police force at the time of resigning or retiring-
(aa) P's rank at the time,
(bb) any number used at that time to identify P as such, for example, a warrant number;
(iii) where P was a civilian employee at the time of resigning or retiring, any number used to identify P as such;
(iv) the date P resigned or retired;
(v) a summary of the relevant allegation;
(vi) in a case where disciplinary proceedings have been brought, the form of these proceedings;

(vii) the date P's details are included in the advisory list;

(d) where Condition 2 in paragraph 10 of Schedule 25 to the 2026 Act is met in relation to P-
(i) P's rank at the time of resigning or retiring;
(ii) any number used at the time P retired or resigned to identify P as a constable of the police force, for example, a warrant number;
(iii) whether P retired or resigned;
(iv) the date P retired or resigned;
(v) the date the relevant allegation about P came to the attention of the Authority;
(vi) a summary of the relevant allegation;
(vii) the date P's details are included in the advisory list.

This section details the information required for the advisory list, which tracks individuals who resigned or retired while under investigation.

The list must capture the person's identity, their previous rank and identifiers, a summary of the allegations against them, and the timeline of their departure and the investigation.

Automatic removal after 5 years

The Authority must remove a person ('P') from the advisory list as soon as reasonably practicable where-

(a) the relevant allegation about P did not relate to P's conduct, and
(b) P has been included in the list for a period of five years beginning with the day on which P was included in the advisory list.

This regulation establishes a five-year sunset clause for entries on the advisory list, provided the underlying allegation did not involve the person's conduct.

Once this period expires, the Authority must remove the individual as soon as is reasonably practicable.

Automatic removal on death

Where it comes to the attention of the Authority that a person who is included in the advisory list has died, the Authority must remove the person from the list as soon as reasonably practicable.

Similar to the barred list, this section directs the Authority to purge an entry from the advisory list upon receiving notification that the listed individual has died.

Removal from the advisory list: on application of a listed person

-(1) Paragraph (2) applies where a person ('P') has been included in the advisory list for five years or more beginning with the day on which P was included in the list.

(2) P may apply to the Authority to be removed from the advisory list if-

(a) the application is P's first application under this regulation, or
(b) the condition set out in paragraph (3) is met.

(3) The condition in this paragraph is met if P makes the application-

(a) on or after the date specified by the Authority under paragraph (6) when dismissing P's most recent application, or
(b) where no date was specified under paragraph (6), after the expiry of the five year period beginning with the day on which the Authority dismissed P's most recent application.

(4) An application under paragraph (2)-

(a) must be made in the form and manner determined by the Authority, and
(b) may contain any information or be accompanied by any other documents that P considers relevant to the application.

(5) On considering P's application, where the Authority-

(a) is satisfied that it is appropriate for P to be removed from the advisory list, the Authority must remove P from the list as soon as reasonably practicable;
(b) is not satisfied that it is appropriate for P to be removed from the advisory list, the Authority must dismiss P's application.

(6) Where the Authority dismisses the application, the Authority may specify a date, being no later than the last day of the period of five years beginning with the day on which the application is dismissed, before which no further application may be made by P under this regulation.

(7) Before making a decision under paragraph (5) or (6)-

(a) the Authority may request further representations, information or documents from P, and
(b) where P was a special constable or former special constable, the Authority may request further representations, information or documents from the Chief Constable of the police force; and the Chief Constable of the police force must comply with any such request.

(8) The Authority must before the end of the period of five working days beginning with the day on which the decision is made-

(a) give P notice of its decision on P's application, and
(b) where P was a special constable or former special constable, give the Chief Constable of the police force notice of its decision on P's application.

This section creates a mechanism for individuals on the advisory list to apply for removal once they have been listed for at least five years.

The Authority has the power to grant or deny the request based on its assessment of appropriateness and may consult the Chief Constable if the applicant was a special constable.

If an application is denied, the Authority can set a waiting period of up to five years before a new application can be submitted.

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