The Ministry of Defence Police (Barred List and Advisory List) Regulations 2026

Published: Mon 13th Jul 26

These Regulations establish the administrative and legal framework for the Ministry of Defence Police (MDP) barred and advisory lists as required by the Crime and Policing Act 2026.

They direct the Secretary of State to maintain records of MDP constables who have been dismissed for misconduct or performance issues, and those who resign or retire while under investigation.

The regulations apply to the Secretary of State, the Ministry of Defence Police, and individuals formerly employed by the MDP, mandating the publication of certain barred individuals' details while providing mechanisms for removal from these lists based on time, death, or successful appeal.

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 special police forces.
The document asserts that public publication of barred individuals is intended to maintain public confidence in the police service by providing transparency regarding officer dismissals.
Proponents may argue that the regulations provide necessary safeguards by allowing individuals to apply for removal after a minimum period, balancing public safety with individual rights to rehabilitation.
The legislation outlines specific exemptions from publication (such as national security or risk of harm) to prevent the disclosure of sensitive information that could prejudice legal proceedings or safety.

Arguments Against

Legal scholars may question the 12-month automatic removal period for performance-based dismissals, arguing it may be insufficient or excessive depending on the nature of the performance failure.
Affected parties might raise concerns regarding the 5-year publication period, arguing that public record of dismissal causes disproportionate long-term reputational damage even after rehabilitation.
Civil liberties organizations could argue that the criteria for 'significant risk of harm' or 'interests of national security' are insufficiently defined, granting the Secretary of State broad discretion to withhold information from the public.
Implementation difficulties may arise in coordinating data between the Ministry of Defence and other law enforcement employers to ensure the barred list effectively prevents unsuitable individuals from re-entering the service.

Part 1 General

Citation, commencement and extent

-(1) These Regulations may be cited as the Ministry of Defence Police (Barred List and Advisory List) Regulations 2026 and come into force on 21st September 2026. -(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Interpretation

-(1) In these Regulations-

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

'the 2020 Regulations' means the Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020;

'the Appeals Tribunals Regulations' means the Regulations set out in Schedule 5 to the 2020 Regulations;

'the Conduct Regulations' means the Regulations set out in Schedule 1 to the 2020 Regulations;

'gross incompetence' has the meaning given in regulation 3(1) of the Performance Regulations;

'MDP' means the Ministry of Defence Police;

'MDP advisory list' and 'MDP barred list' have the meanings given to them in section 211 of the 2026 Act;

'MDP constable' means a member of the MDP;

'the Performance Regulations' means the Regulations set out in Schedule 4 to the 2020 Regulations;

'Schedule 25' means Schedule 25 to the 2026 Act (special police forces: barred persons lists and advisory lists);

'working day' means any 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, Scotland or Northern Ireland,
(c) a day which is a public holiday in England, Wales, Scotland or Northern Ireland.

(2) In relation to the Conduct Regulations, the Performance Regulations and the Appeals Tribunals Regulations, any reference in these regulations to a numbered regulation of those Regulations is to the regulation set out in the paragraph so numbered in the relevant Schedule to the 2020 Regulations.

This section establishes the official title, effective date, and geographical reach of the regulations across the United Kingdom.

It provides formal definitions for key terms used throughout the document, such as 'MDP', 'gross incompetence', and 'working day'.

By referencing the Crime and Policing Act 2026 and the 2020 Regulations, it integrates these new rules into the existing legal framework governing police conduct.

Part 2 The MDP Barred List

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

Information to be included

-(1) The Secretary of State must include in the MDP 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 list, P was an MDP constable or a former MDP constable;
(d) where P was an MDP constable at the time of the dismissal-
(i) P's rank at that time, and
(ii) any number used at that time to identify P as an MDP constable (for example a warrant number);
(e) where P was a former MDP constable at the time the finding was made-
(i) P's rank when P was last an MDP constable, and
(ii) any number used when P was last an MDP constable to identify P as such (for example a warrant number);
(f) the reasons for the dismissal or finding, including (where applicable)-
(i) a description of P's conduct which led to the dismissal or finding, and
(ii) any provision of the Standards of Professional Behaviour breached by P;
(g) the date of the dismissal or finding;
(h) the date P's details are included in the barred list.

(2) In this regulation 'Standards of Professional Behaviour' has the meaning given in regulation 4 of the Conduct Regulations.

This regulation mandates the specific data fields the Secretary of State must record for any individual placed on the barred list.

Requirements include personal identifiers like name and date of birth, as well as professional details like rank and warrant number.

It also compels the inclusion of the specific reasons for dismissal, such as descriptions of the officer's conduct and which professional standards were violated.

Chapter 2 Removal from the MDP barred list: further provision

Automatic removal following legal proceedings

Where paragraph 4 of Schedule 25 does not apply, the Secretary of State must nevertheless remove a person ('P') from the MDP barred list as soon as reasonably practicable where the dismissal by virtue of which P was included in the list under paragraph 2(2)(a) of Schedule 25 is found to have been an unfair dismissal by any court or tribunal.

Automatic removal after 12 months

The Secretary of State must remove a person ('P') from the MDP barred list as soon as reasonably practicable where-

(a) P was included in the list under paragraph 2(2)(a) of Schedule 25,
(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 list.

Automatic removal on death

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

These sections outline the circumstances under which an individual must be removed from the barred list automatically.

Removal is required if a court or tribunal determines the dismissal was unfair, or if the individual dies.

Additionally, for dismissals based solely on unsatisfactory performance or attendance (not reaching the level of gross incompetence), the person must be removed after 12 months.

Removal on application of barred person

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

(2) P may apply to the Secretary of State 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 Secretary of State 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 day on which the Secretary of State dismissed P's most recent application.

(4) An application under paragraph (2)-

(a) must be made in the form and manner determined by the Secretary of State;
(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, if the Secretary of State is-

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

(6) In determining whether it is appropriate for P to be removed from the list the Secretary of State 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) Where the Secretary of State dismisses P's application, they may specify a date before which no further application may be made by P under this regulation.

(8) Before making a decision under paragraph (5) or (7), the Secretary of State may request further representations, information or documents from P.

(9) The Secretary of State must give P notice of their 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 MDP barred list [...] for a finding that P's performance constituted gross incompetence, means three years;
(b) in any other case, means five years.

This regulation creates a process for individuals on the barred list to apply for their own removal after a 'relevant minimum period' (three years for gross incompetence, five years for other reasons).

The Secretary of State is empowered to grant or deny the application based on the applicant's suitability for law enforcement roles and the potential impact on public confidence.

Applicants must be notified of the decision within five working days, and the Secretary of State can set a waiting period for rejected applicants before they can apply again.

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

Information to be published

-(1) This regulation applies in relation to a person ('P') who is included in the MDP barred list under paragraph 2(2) of Schedule 25 [...]

(2) Subject to paragraph (4), the Secretary of State must publish, in relation to P, the information mentioned in regulation 3(1)(a), (c), (d)(i) or (e)(i) (as the case may be), (f) and (g).

(3) The information published under paragraph (2) must-

(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 Secretary of State for a period of five years beginning with the day on which it is first published.

(4) But the Secretary of State must not publish any of the information [...] 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 Secretary of State must have regard to any information provided by the person chairing the misconduct meeting [...]

(6) Where [...] they become aware that the circumstances which led to that decision no longer apply, they must publish the information.

This regulation requires the Secretary of State to publicly disclose the name, rank, dismissal reasons, and date of dismissal for individuals on the barred list.

This information must be visible for five years unless specific exemptions apply, such as risks to national security, the prejudice of legal proceedings, or a significant risk of physical or psychological harm to an individual.

The Secretary of State must reconsider publication if the circumstances that initially blocked disclosure end.

Review of publication

-(1) This regulation applies where information [...] is published by the Secretary of State under regulation 8.

(2) The Secretary of State must consider any matter which comes to their attention [...] which may be relevant to the question of whether the continued publication [...] is against the interests of national security, might prejudice the investigation or prosecution of a criminal offence [...] or is resulting in a significant risk of harm to any person (including P).

(3) Where, having considered the matter, the Secretary of State decides that continuing to publish [...] has any of the effects mentioned in paragraph (2), they must cease to publish all of the information in relation to P.

(5) Where, after the Secretary of State has ceased publication [...] they become aware that the circumstances which led to that decision no longer apply, they must republish the information for the remainder of the required period.

(7) Where the Secretary of State removes a person from the MDP barred list, they must cease to publish the information in relation to P.

The Secretary of State is required to monitor whether continued publication of an individual's data on the barred list remains appropriate under the safety and security criteria.

If a threat to national security or a risk of harm is identified after publication has begun, the information must be removed within five working days.

If the person is formally removed from the barred list, their information must also be removed from public view immediately.

Part 3 The MDP Advisory List

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

Information to be included

The Secretary of State must include in the MDP 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 [...] 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 [...]
(iii) the date P resigned or retired;
(iv) a summary of the relevant allegation;
(v) 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- [includes similar rank, identifier, and allegation details as above]
(e) the date P's details are included in the advisory list.

This section details the information required for the MDP advisory list, which tracks individuals who leave the force while under investigation.

It mandates recording personal identifiers, professional details at the time of departure, and a summary of the allegations faced by the individual.

It distinguishes between those who resigned after disciplinary proceedings began and those who left when such proceedings could have been brought.

Chapter 2 Removal from the MDP advisory list: further provision

Automatic removal after 5 years

The Secretary of State must remove a person ('P') from the MDP 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 list.

Automatic removal on death

Where it comes to the attention of the Secretary of State that a person who is included in the MDP advisory list has died, they 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 MDP advisory list for five years or more [...]

(2) P may apply to the Secretary of State to be removed from the list if- [first application or meeting specific time conditions]

(5) On considering P's application if the Secretary of State is-

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

(8) The Secretary of State must give P notice of their 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.

These regulations govern how names are removed from the advisory list, including automatic removal upon the individual's death or after five years if the allegations did not involve conduct.

Individuals may also apply for removal themselves after five years on the list.

The Secretary of State has the authority to decide if removal is 'appropriate' and must notify the applicant of the final decision within five working days.

Part 4 Consequential Amendments to the 2020 Regulations

Amendments to regulation 2 of the 2020 Regulations

In regulation 2 of the 2020 Regulations (general interpretation), insert the following definitions [...] 'the Barred List and Advisory List Regulations 2026' [...] 'the MDP barred list'.

Amendment of the Conduct Regulations

-(1) The Conduct Regulations are amended as follows. [Directs the inclusion of notices to officers that dismissal leads to barred list inclusion and publication for up to 5 years, and requires misconduct hearing chairs to report safety concerns regarding publication.]

Amendment of Schedule 2 to the 2020 Regulations

[Specifies modifications for former officers, ensuring they are informed that findings of gross misconduct will result in barred list inclusion.]

Amendment of the Performance Regulations

[Requires officers at stage two meetings to be informed that dismissal results in barred list inclusion and name publication.]

Amendment to regulation 25 of the Appeals Tribunals Regulations

[Permits tribunal chairs to make representations regarding whether published information about an appellant should be removed due to security or harm risks.]

This part modifies existing police conduct and performance regulations to incorporate the new barred and advisory list requirements.

It ensures that MDP constables are formally notified during disciplinary or performance proceedings that dismissal will result in their addition to the public barred list.

It also empowers disciplinary chairs and tribunal heads to advise the Secretary of State on whether publishing an officer's details poses safety or security risks.

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