The Civil Nuclear Constabulary (Barred List and Advisory List) Regulations 2026

Published: Tue 14th Jul 26

Established the administrative rules and publication requirements for the Civil Nuclear Police Authority's barred and advisory lists regarding dismissed personnel.

These regulations require the Civil Nuclear Police Authority to maintain and manage a barred list and an advisory list for constables and civilian employees.

The instrument specifies what information must be recorded—such as names, ranks, and reasons for dismissal—and mandates the publication of certain details regarding dismissed constables for a five-year period, provided national security or personal safety is not compromised.

It establishes procedures for automatic removal from the lists in cases of death, successful appeal, or the passage of time, and creates a process for individuals to apply for removal after a minimum period of three or five years.

Arguments For

The regulations state that the Authority must maintain these lists to fulfill requirements set out in Schedule 25 to the Crime and Policing Act 2026.
Proponents argue that publishing information about dismissed officers, subject to national security and safety checks, supports transparency and public confidence in the police.
The document specifies that automatic removal mechanisms for deaths, successful legal appeals, or specific time limits for performance issues ensure the lists remain accurate and proportionate.
Proponents may argue that the application process for removal allows for a case-by-case assessment of whether a person has demonstrated suitability for future law enforcement roles.

Arguments Against

Legal scholars might question the potential for overlap or conflict between these regulations and existing employment tribunal findings, particularly regarding the definitions of gross incompetence.
Civil liberties organizations may express concern regarding the 5-year publication period for barred individuals, arguing it could impact future non-law enforcement employment.
The Authority's discretion to withhold information based on national security or "significant risk of harm" could be challenged as a lack of transparency if applied too broadly.
Affected parties might argue that the minimum periods before an application for removal can be made (three to five years) are too long for individuals dismissed for non-conduct performance issues.

Part 1 General

Citation, commencement, extent and interpretation

-(1) These Regulations may be cited as the Civil Nuclear Constabulary (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.
(3) In these Regulations-

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

'the Authority' means the Civil Nuclear Police Authority;

'Civil Nuclear Constabulary' has the meaning given in section 52(1) of the Energy Act 2004;

'Civil Nuclear Constabulary advisory list' has the meaning given in section 211 of the 2026 Act;

'Civil Nuclear Constabulary barred list' has the meaning given in section 211 of the 2026 Act;

'gross incompetence'-

(a) where P was a constable of the Civil Nuclear Constabulary, has the meaning given in regulation 4(1) of the Police (Performance) Regulations 2020;
(b) where P was a civilian employee of the Authority, means a serious inability or serious failure of P to perform the duties of the role to a satisfactory standard or level (otherwise than by reason of P's attendance) to the extent that dismissal was justified;

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

'Schedule 25' means Schedule 25 to the 2026 Act;

'working day' means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England, Wales or Scotland.

This section establishes the official title of the regulations and sets the commencement date as 21 September 2026.

It defines the geographical jurisdiction as England, Wales, and Scotland.

It also provides legal definitions for key terms used throughout the document, including the 'Authority', 'gross incompetence', and 'working day'.

Part 2 Former civilian employees: relevant proceedings

Meaning of 'disciplinary proceedings'

For the purposes of paragraph 13(e) of Schedule 25 (meaning of 'disciplinary proceedings' in relation to civilian employees)-

'disciplinary proceedings' means any proceedings or management process during which the conduct of a person ('P') while a civilian employee is considered in order to determine whether to dismiss P or whether a finding should be made that P would have been dismissed if P had still been such an employee.

Meaning of 'appeal proceedings' in paragraph 5(1)(b) of Schedule 25

For the purposes of paragraph 5(1)(b) of Schedule 25 (removal of civilian employees from barred persons list)-

'appeal proceedings' means any internal review or any appeal during which a decision taken in disciplinary proceedings is considered and may be set aside.

This part defines what constitutes disciplinary and appeal proceedings for civilian staff employed by the Civil Nuclear Police Authority.

These definitions are used to determine when a person should be added to or removed from the barred list based on conduct reviews or subsequent appeals.

Part 3 Civil Nuclear Constabulary barred list

Chapter 1 Information to be included in relation to persons in the barred list

Information to be included

-(1) The Authority must include in the Civil Nuclear Constabulary 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 dismissal or finding by virtue of which P was included in the barred list, P was a constable of the Civil Nuclear Constabulary, a former constable of the Civil Nuclear Constabulary, a civilian employee of the Authority or a former civilian employee;
(d) where P was a constable of the Civil Nuclear Constabulary at the time of the dismissal-
(i) P's rank at that time;
(ii) any number used at that time to identify P as a constable of the Civil Nuclear Constabulary (such as a warrant number);
(e) where P was a former constable of the Civil Nuclear Constabulary at the time of the finding-
(i) P's rank when P was last a constable of the Civil Nuclear Constabulary;
(ii) any number used when P was last a constable of the Civil Nuclear Constabulary to identify P as such (such as a warrant number);
(f) where P was a civilian employee of the Authority at the time of the dismissal, any number used at that time to identify P as such;
(g) where P was a former civilian employee of the Authority at the time of the finding, any number used when P was last a civilian employee of the Authority to identify P as such;
(h) the reasons for the dismissal or finding, including (where applicable)-
(i) a description of P's conduct which led to the dismissal or finding;
(ii) any provision of the Standards of Professional Behaviour breached by P;
(i) the date of the dismissal or finding;
(j) where the Authority was required to include P in the Civil Nuclear Constabulary advisory list under paragraph 10(2) or (3) of Schedule 25 (inclusion of persons in advisory list), that fact, the date P was added to the list and whether P resigned or retired.

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

This chapter mandates that the Authority record specific personal and professional details for anyone placed on the barred list.

Required data includes the individual's full name, date of birth, previous rank or identification number, the date of dismissal, and a detailed description of the conduct or professional standards breached.

Chapter 2 Removal from the barred list: further provision

Automatic removal following legal proceedings

Where neither of paragraphs 4 nor 5 of Schedule 25 applies (removal from barred list), the Authority must nonetheless remove a person ('P') from the Civil Nuclear Constabulary barred list as soon as reasonably practicable where-

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

Automatic removal after 12 months

The Authority must remove a person ('P') from the Civil Nuclear Constabulary barred list as soon as reasonably practicable if-

(a) P was included in the list under paragraph 2(2)(a) or 3(2)(a) of Schedule 25 (dismissed persons),
(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 on the day on which P was included in the list.

Automatic removal on death

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

Removal on application of barred person

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

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

(a) the application is P's first application under this regulation, or
(b) in any other case, 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 (7) when dismissing P's most recent application, or
(b) if no date was specified under paragraph (7), after the expiry of the relevant minimum period beginning with the date 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;
(b) may contain any information or be accompanied by any other documents that P considers relevant to the application.

(5) If, on considering P's application, the Authority is satisfied that it is appropriate for P to be removed from the list, the Authority must remove P as soon as reasonably practicable, otherwise the Authority must dismiss the application.

(6) In determining whether it is appropriate for P to be removed from the 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 dismissal, or which led to the finding, by virtue of which P was included in the list, and
(c) the impact on public confidence in the police of removing P from the list.

(7) If 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 date 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), the Authority may request further representations, information or documents from P.

(9) The Authority must give P notice of its decision on P's application before the end of the period of five working days beginning with the day on which the decision is made.

(10) In this regulation-

'relevant minimum period'-

(a) where P was included in the Civil Nuclear Constabulary barred list under paragraph 2(2) (a) or 3(2)(a) of Schedule 25 (dismissed persons) 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, means three years;
(b) in any other case, means five years.

This chapter outlines when individuals must be removed from the barred list, including cases of death, successful appeals, or unfair dismissal rulings.

It establishes a 12-month limit for those dismissed due to unsatisfactory attendance or performance (not gross incompetence).

It also permits individuals to apply for removal after three years (for gross incompetence) or five years (for other reasons), subject to the Authority's assessment of public confidence and suitability for law enforcement.

Chapter 3 Publication of information about persons included in the barred list

Information to be published

-(1) This regulation applies in relation to a person ('P') who is included in the Civil Nuclear Constabulary barred list under paragraph 2(2) of Schedule 25 (inclusion of constables) where-

(a) in the case of inclusion in the barred list under paragraph 2(2)(a) of Schedule 25, P was dismissed at proceedings under provision made by the Authority relating to matters which are the subject of the Police (Conduct) Regulations 2020;
(b) in the case of inclusion in the barred list under paragraph 2(2)(b) of Schedule 25, the finding by virtue of which P was included in the list was made at 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 relation to P, the information mentioned in regulation 4(1)(a), (c), (d)(i), (e)(i), (h) and (i) ('the specified information').

(3) The information 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 10, 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) But the Authority must not publish any of the specified information in relation to P if to publish 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 manner in which) any of the specified information in relation to P has already been made available to the public.

(6) If, after the Authority determines that it must not publish any of the specified information under paragraph (4), it becomes aware that the circumstances which led to that conclusion no longer apply, the Authority must publish the specified information under paragraph (2).

Review of publication

-(1) This regulation applies where the specified information in relation to a person ('P') who is included in the Civil Nuclear Constabulary barred list is published by the Authority under regulation 9.

(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 a significant risk of harm to any person (including P).

(3) If the Authority determines that continuing to publish some or all of the specified information in relation to P has any of the effects mentioned in paragraph (2), the Authority must cease to publish all of the specified information in relation to P.

(4) Where the Authority is required to cease publishing the specified 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 determination under that paragraph.

(5) If, after the Authority has ceased publishing the specified information under paragraph (3), it becomes aware that the circumstances which led to that determination no longer apply, the Authority must republish the specified information for the remainder of the required period.

(6) If the Authority determines that continuing to publish the specified information would not have the effects described in paragraph (2) in a particular case, the Authority is not required to review that determination if there has been no material change in the circumstances which led to that determination.

(7) If the Authority removes a person from the Civil Nuclear Constabulary barred list, the Authority must cease to publish all of the specified information in relation to P.

This chapter requires the Authority to publish information about dismissed constables, including their names and the reasons for dismissal, for a five-year period.

Publication must be withheld if it threatens national security, criminal investigations, or personal safety.

Regulation 10 mandates a review of ongoing publication if new information suggests that these risks have emerged or subsided.

Part 4 Civil Nuclear Constabulary advisory list

Chapter 1 Information to be included in relation to persons in the advisory list

Information to be included

The Authority must include in the Civil Nuclear Constabulary 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 (inclusion of persons in advisory list) is met in relation to P-
(i) whether, at the time of resigning or retiring, P was a constable of the Civil Nuclear Constabulary or a civilian employee of the Authority;
(ii) where P was a constable of the Civil Nuclear Constabulary at the time of resigning or retiring-
(aa) P's rank at that time;
(bb) any number used at that time to identify P as such (such as a warrant number);
(iii) where P was a civilian employee of the Authority at the time of resigning or retiring, any number used at that time to identify P as such;
(iv ) whether P resigned or retired;
(v) the date P resigned or retired;
(vi) a summary of the relevant allegation;
(vii) in a case where disciplinary proceedings have been brought, the form of those proceedings;
(d) where Condition 2 in paragraph 10 of Schedule 25 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 resigned or retired to identify P as a constable of the Civil Nuclear Constabulary (such as a warrant number);
(iii) whether P resigned or retired;
(iv) the date P resigned or retired;
(v) the date the relevant allegation about P came to the attention of the Authority;
(vi) a summary of the relevant allegation;
(e) the date that P's details are included in the advisory list.

Chapter 2 Removal from the advisory list: further provision

Automatic removal after 5 years

The Authority must remove a person ('P') from the Civil Nuclear Constabulary advisory list as soon as reasonably practicable if-

(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 on the day on which P was included in the list.

Automatic removal on death

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

Removal on application of listed person

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

(2) P may apply to the Authority to be removed from the 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) if no date was specified under paragraph (6), after the expiry of the five year period beginning with the date 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;
(b) may contain any information or be accompanied by any other documents that P considers relevant to the application.

(5) If, on considering P's application, the Authority is satisfied that it is appropriate for P to be removed from the list, the Authority must remove P from the list as soon as reasonably practicable, otherwise the Authority must dismiss the application.

(6) If the Authority dismisses P's 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), the Authority may request further representations, information or documents from P.

(8) The Authority must give P notice of its decision on P's application before the end of the period of five working days beginning with the day on which the decision is made.

This part concerns the advisory list, which contains details of individuals who resigned or retired while under investigation.

It specifies the data to be kept and sets rules for removal.

Individuals are automatically removed upon death or after five years if the allegation was not conduct-related; they may also apply for removal after five years.

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