These Regulations may be cited as the Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2025 and come into force on 29th December 2025.
The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2025
Published: Fri 5th Dec 25
These 2025 Regulations amend the existing Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020 to align the disciplinary and performance procedures for Ministry of Defence Police (MDP) officers and former officers with recent changes made to the equivalent procedures for territorial police forces in England and Wales.
Key amendments include clarifying that convictions for indictable-only offences constitute gross misconduct, mandating disciplinary action for misconduct findings, updating rules for serving notices electronically, simplifying the performance review system by removing the third stage, and introducing new procedural requirements for former officers regarding accelerated misconduct hearings.
Arguments For
Streamlining disciplinary procedures by making the outcome of misconduct findings mandatory (dismissal without notice unless exceptional circumstances) provides clearer accountability for gross misconduct.
Introducing explicit recognition that conviction for an indictable-only offence constitutes gross misconduct simplifies the evaluation of severe criminal conduct.
Modernizing communication by allowing written notices and documents to be sent via email aligns procedures with current technological practices and may improve efficiency.
Restructuring the Performance Regulations from a three-stage system to a two-stage process simplifies performance management and appeal routes for serving officers.
Establishing clearer roles, such as defining an 'appeal manager' for performance appeals, replaces previous ambiguous roles like 'second line manager' for greater consistency.
Arguments Against
Creating a new process for former officers, presumptively placing them into accelerated misconduct hearings unless they opt otherwise, could disadvantage former officers who may not be fully aware of the procedural shift or lack representation.
The introduction of new definitions and procedural steps introduces new complexity and potential for procedural challenges, particularly concerning 'indictable-only' offences across different UK jurisdictions.
Changes to service of documents (e-mail/post rules) might inadvertently lead to procedural challenges if the agreed method of service fails or is disputed.
Streamlining performance appeals by removing the 'third stage' might reduce an officer's avenues for review, potentially limiting opportunities to fully contest adverse findings.
Transitional provisions are complex, potentially creating confusion over which set of rules (old or new) applies based on when an allegation or appeal was initiated.
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 3A(1), (1A), (1B), (3), 4 and 4A of the Ministry of Defence Police Act 19871.
The Secretary of State is enacting these Regulations using powers granted by specific sections of the Ministry of Defence Police Act 1987.
Part 1Introductory
Citation, commencement and extent1.
(1)
(2)
These Regulations extend to England and Wales, Scotland and Northern Ireland.
Interpretation2.
(1)
In these Regulations—
“the 2020 Regulations” means the Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 20202;
“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;
“the Performance Regulations” means the Regulations set out in Schedule 4 to the 2020 Regulations.
(2)
Any reference in these Regulations to a numbered regulation is to the regulation set out in the paragraph so numbered in the relevant Schedule to the 2020 Regulations.
Part 1 covers introductory matters, setting out the title of these amending Regulations as the Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2025, confirming their commencement on December 29th, 2025, and stating they apply across England, Wales, Scotland, and Northern Ireland.
It also defines key terms, including 'the 2020 Regulations,' 'the Appeals Tribunals Regulations,' 'the Conduct Regulations,' and 'the Performance Regulations,' which are the instruments being amended.
Part 2Amendment of the Conduct Regulations
Amendment of the Conduct Regulations3.
The Conduct Regulations are amended in accordance with regulations 4 to 12.
Amendment to regulation 2 (interpretation and delegation)4.
(1)
Regulation 2 is amended as follows.
(2)
In paragraph (1)—
(a)
in the definition of “gross misconduct”, after “as to justify dismissal” insert “, and for the purposes of these Regulations conduct which has resulted in a conviction for an indictable-only offence is to be taken to constitute such a breach”
;
(b)
in the definition of “misconduct hearing”, for “whether”, in the second place it occurs, substitute “, if it amounts to misconduct or gross misconduct, what”
;
(c)
in the definition of “misconduct meeting”, for “whether”, in the second place it occurs, substitute “, if it amounts to misconduct, what”
.
(3)
After paragraph (2) insert—
(2A)
For the purposes of these Regulations, an offence is an “indictable-only” offence if—
(a)
in the case of an offence under the law of England and Wales or Northern Ireland, it is an offence which, if committed by an adult, is triable only on indictment;
(b)
in the case of an offence under the law of Scotland, it is an offence triable only on indictment.”.
(4)
In paragraph (3), for “a member of the MDP” substitute “an MDP officer”
.
(5)
For paragraph (4D) substitute—
(4D)
For the purposes of paragraph (4B)—
(a)
“senior officer” includes—
(i)
an MDP officer who is required to perform the duties normally performed by a senior officer;
(ii)
a member of a relevant force holding a rank above that of chief superintendent;
(iii)
a member of a relevant force who is required to perform the duties normally performed by a member of a relevant force holding a rank above that of chief superintendent;
(b)
“former senior officer” includes a person who—
(i)
at the time they ceased to be an MDP officer, was required to perform the duties normally performed by a senior officer;
(ii)
at the time they ceased to be a member of a relevant force, was required to perform the duties normally performed by a member of a relevant force holding a rank above that of chief superintendent.”.
Amendment to regulation 3 (application)5.
In regulation 3(9), after “which requires a person”, insert “or panel”
.
Amendment to regulation 8 (provision of notices or documents)6.
(1)
Regulation 8 is amended as follows.
(2)
In paragraph (1)—
(a)
in the opening words, for “Where” substitute “Subject to paragraph (2), where”
;
(b)
for sub-paragraph (b) substitute—
(b)
sent to the officer by e-mail or other means of electronic communication,”.
(3)
For paragraph (2) substitute—
(2)
Where it is not reasonably practicable to give or supply a written notice or document to the officer concerned under paragraph (1)(a) or (b) and there is no agreement under paragraph (1)(c) or (d), the written notice or document must be—
(a)
left with a person at the officer’s last known address, or
(b)
sent to the officer’s last known address by first class post or recorded delivery or other service which provides for delivery on the next working day (“by post”).
(3)
Delivery is effective on the date on which a written notice or document is given to the officer under paragraph (1)(a), (c) or (d) or left with a person at the officer’s last known address under paragraph (2)(a).
(4)
Where a written notice or document is sent by e-mail or other means of electronic communication, it is to be taken to have been given or supplied to the officer concerned—
(a)
if the e-mail or other electronic communication is sent on a working day before 4.30 p.m., on that day, or
(b)
in any other case, on the next working day after the day on which it was sent.
(5)
Where a written notice or document is sent by post, it is to be taken to have been given or supplied to the officer concerned on the second working day after the day on which it was—
(a)
posted, or
(b)
left with, delivered to or collected by the relevant service provider.”.
Amendment to regulation 27 (persons conducting misconduct proceedings)7.
In regulation 27(5F)(a) for “recommendation” substitute “notification”
.
Amendment to regulation 41 (outcome of misconduct proceedings)8.
(1)
Regulation 41 is amended as follows.
(2)
For paragraph (1) substitute—
(1)
Where the person or panel conducting the misconduct proceedings finds that the conduct of the officer concerned amounts to misconduct or gross misconduct, they must impose disciplinary action in accordance with paragraph (2) or (3) as appropriate.
(1A)
Where the person or panel conducting the misconduct proceedings finds that the conduct of the officer concerned amounts to neither misconduct nor gross misconduct, they must—
(a)
direct that the matter is referred to be dealt with under the reflective practice review process, or
(b)
take no further action.”.
(3)
In paragraph (3)(b) for paragraphs (i) to (iii) substitute—
(i)
dismissal without notice, or
(ii)
if the person or panel conducting the misconduct proceedings is satisfied that there are exceptional circumstances which justify it—
(aa)
a final written warning, or
(bb)
reduction in rank.”.
(4)
In paragraph (10), for “persons” substitute “person or panel”
.
(5)
In paragraph (12), for “persons” substitute “person or panel”
.
Amendment to regulation 49 (referral of case to accelerated misconduct hearing)9.
In regulation 49—
(a)
before paragraph (1), insert—
“A1
In this regulation, the “special conditions” are—
(a)
that there is sufficient evidence, in the form of written statements or other documents, to establish on the balance of probabilities that the conduct of the officer concerned constitutes gross misconduct, and
(b)
that it is in the public interest for the officer concerned to cease to be an MDP officer without delay.
A2
Subject to paragraph (A3), after receipt of the investigator’s report under regulation 20(1), the relevant authority may at any time determine whether the special conditions are satisfied.
A3
Where the case is referred to misconduct proceedings, the relevant authority must not make a determination under paragraph (A2) on or after the date of the misconduct meeting or misconduct hearing.”;
(b)
omit paragraph (2).
Amendment to regulation 55 (persons conducting accelerated misconduct hearing)10.
In regulation 55(8), in the opening words, for “in” substitute “is”
.
Amendment to regulation 61 (procedure at accelerated misconduct hearing)11.
In regulation 61, in paragraphs (13), (15) and (16)—
(a)
after “person” insert “or panel”
;
(b)
omit “or chairing”.
Amendment to regulation 62 (outcome of accelerated misconduct hearing)12.
(1)
Regulation 62 is amended as follows.
(2)
In paragraph (1)—
(a)
in the opening words—
(i)
after “person” insert “or panel”
;
(ii)
omit “or chairing”;
(iii)
for “may be” substitute “must be”
;
(b)
for sub-paragraphs (a) to (c) substitute—
(a)
dismissal without notice, or
(b)
if the person or panel conducting the accelerated misconduct hearing is satisfied that there are exceptional circumstances which justify it—
(i)
a final written warning, or
(ii)
reduction in rank.”.
(3)
In paragraph (8), in the opening words—
(a)
after “person” insert “or panel”
;
(b)
omit “or chairing”.
Part 2 amends the Conduct Regulations (Schedule 1 to the 2020 Regulations).
Regulation 4 updates definitions in Regulation 2, notably stating that a conviction for an indictable-only offence automatically constitutes 'gross misconduct' and clarifying terms related to misconduct hearings and senior officers.
Regulation 6 modernizes document service by introducing methods for electronic communication (e-mail) alongside traditional post, setting out deemed dates of delivery.
Regulations 8 and 12 mandate disciplinary action when misconduct or gross misconduct is found, requiring dismissal unless exceptional circumstances justify a final written warning or reduction in rank in gross misconduct cases.
Regulation 9 introduces new provisions (A1, A2, A3) in Regulation 49 defining 'special conditions' necessary for an accelerated misconduct hearing for former officers, shifting the default towards accelerated hearings unless the officer opts for a standard hearing or the authority decides otherwise. Other regulations make consequential or minor textual adjustments across various sections concerning referrals, procedures, and outcomes.
Part 3Amendment of Schedule 2 to the 2020 Regulations
Amendment of Schedule 2 to the 2020 Regulations13.
Schedule 2 to the 2020 Regulations (modifications to the Conduct Regulations in their application to former officers) is amended in accordance with regulations 14 to 32.
Amendment to paragraph 2 (modification to regulation 2)14.
(1)
Paragraph 2 is amended as follows.
(2)
In sub-paragraph (a)—
(a)
in paragraph (ii), for ““extended special leave”” substitute ““extended special unpaid leave””
;
(b)
after paragraph (ii) insert—
(iia)
for the definition of “accelerated misconduct hearing”, there were substituted—““accelerated misconduct hearing” means a hearing to which an officer may be referred under regulation 20D(7) or 49(4) to determine whether the conduct of the officer amounts to gross misconduct and, if so, what disciplinary action should be imposed;”;
(c)
for paragraph (vi) substitute—
(vi)
for the definition of “misconduct hearing”, except in its application to regulation 20A(1)(d), there were substituted—““misconduct hearing” means a hearing to which an officer may be referred under regulation 20D(3) or (6), 20E(5)(a) or 23(8)(a) to determine whether the conduct of the officer amounts to gross misconduct and, if so, what disciplinary action should be imposed;”;
Amendment to paragraph 3 (modification: insertion of Part 1A)15.
In paragraph 3, in the opening words, for “regulation 4” substitute “regulation 5”
.
Amendment to paragraph 5 (modification to regulation 7)16.
In paragraph 5(b), after “police friend” insert “”
”.
Amendment to paragraph 6 (modification to regulation 8)17.
In paragraph 6, in the text in quotation marks, for “paragraph (1)(b)” substitute “paragraph (2)”
.
Insertion of paragraphs 15A (modification: insertion of Part 3A) and 15B (modification: insertion of regulation 20G)18.
After paragraph 15 (modification to regulation 20) insert—
Modification: insertion of Part 3A15A.
The Conduct Regulations are to be read as if after regulation 20 there were inserted—Part 3ADetermination as to whether relevant disciplinary proceedings are required and referral
Application of Part 3A and interpretation20A.
(1)
Subject to paragraph (2), this Part applies where—
(a)
the relevant authority receives an investigator’s report under regulation 20(1);
(b)
the relevant authority receives a report submitted under paragraph 22 of Schedule 3 to the 2002 Act (final reports on investigations)3;(c)
the relevant authority is required to proceed in accordance with this Part by regulation 49(5) or 50(2);
(d)
the officer concerned, having been referred to a misconduct hearing on the basis that the officer has a case to answer in respect of gross misconduct, resigns or retires before the date of that hearing, or
(e)
in a case where relevant disciplinary proceedings have been delayed by virtue of regulation 9(3)—
(i)
the relevant authority considers that such a hearing would no longer prejudice criminal proceedings, or
(ii)
criminal proceedings have concluded (whatever the outcome of those proceedings).
(2)
This Part does not apply where Part 4 applies.
(3)
In this Part, “relevant disciplinary proceedings” means—
(a)
a misconduct hearing under Part 4 of these Regulations;
(b)
an accelerated misconduct hearing under Part 5 of these Regulations.
(4)
In determining whether any criminal proceedings are concluded for the purposes of paragraph (1)(e)(ii), any right of appeal is to be disregarded.
Determination as to whether case to answer etc.20B.
(1)
As soon as practicable after a condition referred to in regulation 20A(1) (“the relevant condition”) applies, the relevant authority must determine—
(a)
whether the officer concerned has a case to answer in respect of gross misconduct or whether the officer has no case to answer;
(b)
where the relevant authority determines that the officer has a case to answer in respect of gross misconduct, whether or not relevant disciplinary proceedings should be brought against the officer concerned;
(c)
where the relevant authority determines that the officer has no case to answer in respect of gross misconduct, whether there may have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the officer still been serving.
(2)
Where the relevant authority fails to make the determination as to the matters set out in paragraph (1) before the end of the period of 15 working days beginning with the first working day after the relevant condition applies, it must notify the officer concerned of the reasons for this.
Determination that no case to answer or that relevant disciplinary proceedings will not be brought: next steps20C.
(1)
Where the relevant authority determines under regulation 20B(1) that the officer concerned has no case to answer in respect of gross misconduct, the relevant authority must, as soon as practicable after it has made the determination—
(a)
give the officer written notice of that determination, as well as its determination as to whether there may have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the officer still been serving, and
(b)
subject to the harm test, give the officer a copy of the investigator's report or such parts of that report as relate to the officer.
(2)
Where the relevant authority determines under regulation 20B(1) that the officer concerned has a case to answer in respect of gross misconduct but that relevant disciplinary proceedings should not be brought against the officer concerned, the relevant authority must, as soon as practicable after it has made the determination—
(a)
give the officer written notice of the determination, and
(b)
subject to the harm test, give the officer a copy of the investigator's report or such parts of that report as relate to the officer.
Determination that relevant disciplinary proceedings will be brought: next steps20D.
(1)
Where the relevant authority determines under regulation 20B(1) that relevant disciplinary proceedings should be brought against the officer concerned, it must take the following steps.
(2)
The relevant authority must decide if it requires a misconduct hearing.
(3)
If the relevant authority decides the question in paragraph (2) in the affirmative, it must refer the case to a misconduct hearing.
(4)
If the relevant authority decides the question in paragraph (2) in the negative, it must give written notice to the officer concerned that the case will be referred to an accelerated misconduct hearing unless, within the period of 10 working days beginning with the first working day after the notification is given, the officer gives the relevant authority written notice that the officer wishes the case to be referred to a misconduct hearing.
(5)
Notification by the officer concerned under paragraph (4) must be given in accordance with regulation 20F.
(6)
If the relevant authority is notified that the officer concerned wishes the case to be referred to a misconduct hearing in accordance with paragraph (4), it must refer the case to a misconduct hearing.
(7)
If the relevant authority is not so notified, it must refer the case to an accelerated misconduct hearing.
Late requests for a misconduct hearing20E.
(1)
Notwithstanding that a case is to be, or has been, referred to an accelerated misconduct hearing under regulation 20D(7), the officer concerned may submit a request to the relevant authority that the case be referred to a misconduct hearing.
(2)
Such a request is only valid if—
(a)
it is in writing;
(b)
it is given or submitted in accordance with regulation 20F(2);
(c)
it explains—
(i)
why the officer concerned was unable to notify the relevant authority in accordance with regulation 20D(4) that the officer wishes the case to be referred to a misconduct hearing;
(ii)
the reasons for any subsequent delay in making the request, and
(d)
the relevant authority receives it before the date of the accelerated misconduct hearing.
(3)
The relevant authority must forward a valid request to the person conducting or chairing the accelerated misconduct hearing (“the decision maker”) for determination.
(4)
The decision maker may only grant the request if they are satisfied that—
(a)
it was not reasonably practicable for the officer concerned to notify the relevant authority in accordance with regulation 20D(4) that the officer wishes the case to be referred to a misconduct hearing, and
(b)
the officer has submitted their request within a reasonable time after the end of the period of 10 working days referred to in regulation 20D(4).
(5)
If the decision maker grants the request, they must, as soon as practicable—
(a)
direct the relevant authority to refer the case to a misconduct hearing, and
(b)
give the officer concerned written notice of their decision.
(6)
If the decision maker does not grant the request, they must, as soon as practicable, give the officer concerned written notice of their decision and the reasons for it.
Notifications and requests under regulation 20D and 20E: supplementary20F.
(1)
This regulation applies to—
(a)
a notice given by the officer concerned to the relevant authority under regulation 20D(4);
(b)
a request submitted by the officer concerned to the relevant authority under regulation 20E(1).
(2)
A notification or request to which this regulation applies must be given or submitted to the relevant authority by being—
(a)
delivered personally to the relevant authority by—
(i)
the officer concerned, or
(ii)
if agreed with the officer, the officer’s police friend;
(b)
sent to the relevant authority’s address by first class post or recorded delivery or other service which provides for delivery on the next working day (“by post”), or
(c)
sent to the relevant authority by e-mail or other means of electronic communication.
(3)
Where a notice or request is sent by e-mail or other means of electronic communication, it is to be taken to have been given or supplied to the relevant authority—
(a)
if the e-mail or other electronic communication is sent on a working day before 4.30 p.m., on that day, or
(b)
in any other case, on the next working day after the day on which it was sent.
(4)
Where a notice or request is sent by post, it is to be taken to have been given or supplied to the relevant authority on the second working day after the day on which it was—
(a)
posted, or
(b)
left with, delivered to or collected by the relevant service provider.”.
Modification: insertion of regulation 20G15B.
The Conduct Regulations are to be read as if before regulation 21 and after the heading to Part 4 there were inserted—Application of Part 420G.
This Part applies where—
(a)
the relevant authority has a duty under paragraph 23(5B) of Schedule 3 to the 2002 Act4 to comply with a direction to bring misconduct proceedings;(b)
the relevant authority accepts a recommendation made under paragraph 25(4C)(c) or (4E)(c) of Schedule 3 to the 2002 Act5 that misconduct proceedings of the form specified in the recommendation are brought;(c)
the relevant authority has a duty under paragraph 27(4)(b) of Schedule 3 to the 2002 Act6 to comply with a direction to give effect to a recommendation to bring misconduct proceedings;(d)
the relevant authority has been directed under section 59(5) of the 1998 Act to bring disciplinary proceedings, or
(e)
a case is referred to a misconduct hearing under regulation 20D(3) or (6) or 20E(5)(a).”.
Substitution of paragraph 18 (modification to regulation 23)19.
For paragraph 18 substitute—
Modification to regulation 23 (referral of case to misconduct proceedings)18.
Regulation 23 is to be read as if—
(a)
paragraphs (1) to (7) were omitted;
(b)
in paragraph (8)—
(i)
at the end of sub-paragraph (b), “or” were inserted;
(ii)
sub-paragraph (d) and the “or” immediately preceding it were omitted;
(c)
paragraphs (9) to (11) were omitted.”.
Amendment to paragraph 22 (modification to regulation 27)20.
(1)
Paragraph 22 is amended as follows.
(2)
In sub-paragraph (c), at the beginning, omit ““”.
(3)
In sub-paragraph (d), after “relevant time” omit “;”.
(4)
For sub-paragraph (e)(ii), substitute—
(ii)
sub-paragraph (b) and the “or” immediately preceding it were omitted;”.
(5)
For sub-paragraph (f)(ii), substitute—
(ii)
sub-paragraph (b) and the “or” immediately preceding it were omitted.”.
Amendment to paragraph 24 (modification to regulation 29)21.
(1)
Paragraph 24 is amended as follows.
(2)
For sub-paragraph (a)(i)(bb), substitute—
(bb)
in paragraph (iii), for the words from “conduct” to the end, there were substituted
“chair the misconduct proceedings,”;”.
(3)
In sub-paragraph (d)(i), for “conduct” substitute “conducting”
.
(4)
In sub-paragraph (e), after “regulation 7(6)” insert “and (7)”
.
Amendment to paragraph 32 (modification to regulation 37)22.
In paragraph 32, after sub-paragraph (d), insert—
(da)
in paragraph (4), after sub-paragraph (a), “or” were inserted”;”.
Insertion of paragraphs 39A and 39B23.
After paragraph 39 insert—
Modification: insertion of regulation 46A (application of Part 5)39A.
The Conduct Regulations are to be read as if before regulation 47 and after the heading to Part 5 there were inserted—Application of Part 546A.
This Part applies where—
(a)
the relevant authority has received a statement submitted by the investigator under regulation 20(3);
(b)
the relevant authority has referred a case to an accelerated misconduct hearing under regulation 20D(7); or
(c)
the relevant authority has received a statement and special report on an investigation under external procedures and has certified a case as one where the special conditions are satisfied under those procedures or was required to certify the case as one where they were satisfied.”.
Modification to regulation 47 (general)39B.
Regulation 47 is to be read as if “conducting or” were omitted.”.
Substitution of paragraph 41 (modification to regulation 49)24.
For paragraph 41 substitute—
Modification to regulation 49 (referral of case to accelerated misconduct hearing)41.
Regulation 49 is to be read as if—
(a)
at the end of the heading there were inserted “otherwise than under regulation 20D(7)”;
(b)
in paragraph (A1)(b), for the words from “for the officer concerned” to the end, there were substituted
“that the officer concerned should be prevented from future employment or appointment as a constable”;(c)
in paragraph (5), in the closing words, for “Part 4” there were substituted
“Part 3A”;(d)
paragraph (6) were omitted.”.
Amendment to paragraph 42 (modification to regulation 50)25.
For paragraph 42 substitute—
Modification to regulation 50 (remission of case)42.
Regulation 50 is to be read as if—
(a)
in paragraph (1)—
(i)
after “after the case has been referred” there were inserted
“under regulation 49”;(ii)
for “dealt with under Part 4” there were substituted
“considered under Part 3A”;(b)
in paragraph (2), for “Part 4” there were substituted
“Part 3A”;(c)
paragraph (3) were omitted;
(d)
paragraph (4)(b) were omitted.”.
Amendment to paragraph 43 (modification to regulation 51)26.
In paragraph 43—
(a)
after paragraph (za) insert—
(zb)
after paragraph (1) there were inserted—(1A)
Where a case is referred to an accelerated misconduct hearing under regulation 20D(7), the relevant authority must as soon as practicable give the officer concerned written notice of these matters and supply the officer with a copy of the items referred to in paragraph (1)(b) and (c).”;
(b)
in paragraph (a)—
(i)
after the opening words insert—
(ai)
in the opening words, after “paragraph (1)” there were inserted
“or (1A)”;”;
(ii)
in sub-paragraph (ii), for “(d)” substitute “(c)”
;
(iii)
in sub-paragraph (iii)—
(aa)
omit the comma after “MDP”;
(bb)
after the closing quotation mark, for “,” substitute “;”
.
Amendment to paragraph 44 (modification to regulation 52)27.
For paragraph 44, substitute—
Modification to regulation 52 (notice of accelerated misconduct hearing)44.
Regulation 52 is to be read as if—
(a)
in paragraph (1), in the opening words, after “regulation 51(1)” there were inserted
“or (1A)”;(b)
paragraph (3) were omitted.”.
Amendment to paragraph 46 (modification to regulation 54)28.
For paragraph 46, substitute—
Modification to regulation 54 (procedure on receipt of notice)46.
Regulation 54 is to be read as if—
(a)
in paragraph (1), in the opening words, after “regulation 51(1)” there were inserted
“or (1A)”;(b)
paragraph (3) were omitted.”.
Amendment to paragraph 47 (modification to regulation 55)29.
(1)
Paragraph 47 is amended as follows.
(2)
After sub-paragraph (b), insert—
(ba)
in paragraph (4)(a)(i), for “is the chief constable”, there were substituted
“was the chief constable at the relevant time”;”.
(3)
In sub-paragraph (c), for “office” substitute “officer”
.
(4)
For sub-paragraph (d)(ii), substitute—
(ii)
sub-paragraph (b) and the “or” immediately preceding it were omitted;”.
(5)
For sub-paragraph (e)(ii), substitute—
(ii)
sub-paragraph (b) and the “or” immediately preceding it were omitted.”.
Amendment to paragraph 48 (modification to regulation 56)30.
For paragraph 48, substitute—
Modification to regulation 56 (documents to be supplied)48.
Regulation 56 is to be read as if—
(a)
in paragraph (1), in each of sub-paragraphs (a) and (b), after “under regulation 51(1)” there were inserted
“or (1A)”;(b)
paragraph (5) were omitted.”.
Amendment to paragraph 49 (modification to regulation 58)31.
In paragraph 49(b), after the opening words insert—
(ai)
in the opening words, omit “or, as the case may be, Ombudsman,”;”.
Amendment to paragraph 50 (modification to regulation 61)32.
In paragraph 50, after sub-paragraph (a), insert—
(aa)
in paragraph (11)(b), after “regulation 51(1)” there were inserted
“or (1A)”;”.
Part 3 modifies Schedule 2 of the 2020 Regulations, which addresses how the Conduct Regulations apply specifically to former MDP officers.
Regulation 18 inserts a new Part 3A (Regulations 20A to 20F) into the modified Conduct Regulations for former officers, establishing a framework for determining if 'relevant disciplinary proceedings' (misconduct or accelerated misconduct hearings) are required.
This part introduces a presumption that former officers should face an accelerated misconduct hearing unless the officer requests a standard hearing or the relevant authority deems it necessary.
Other regulations in this section make consequential changes, such as updating definitions related to hearing types (Regulation 14) and ensuring proper document provision and referral processes are mirrored for former officers (Regulations 24, 25, 26).
Part 4Amendment of the Performance Regulations
Amendment of the Performance Regulations33.
The Performance Regulations are amended in accordance with regulations 34 to 70.
Amendment to regulation 3 (interpretation and delegation)34.
(1)
Regulation 3 is amended as follows.
(2)
In paragraph (1)—
(a)
before the definition of “first stage appeal meeting”, insert—
““appeal manager”, in relation to the officer concerned, means the person appointed by the relevant authority to that role for the purposes of these Regulations, being of a rank or level of seniority which is above that of the line manager of the officer;”;
(b)
in the definition of “proposed witness”, for “third stage appeal meeting” substitute “second stage meeting”
;
(c)
omit the definition of “relevant terms of the final written improvement notice”;
(d)
omit the definition of “second line manager”;
(e)
omit the definition of “second stage appeal meeting”;
(f)
in the definition of “second stage meeting”, for “regulation 21(2) or 23(5)(e)” substitute “regulation 29(2) or 31(3)”
;
(g)
for the definition of “senior manager”, substitute—
““senior manager” , in relation to the officer concerned, means the police officer or staff member appointed by the relevant authority to that role for the purposes of these Regulations, being of at least the same rank or level of seniority as the person who is the appeal manager of the officer;”;
(h)
omit the definition of “third stage meeting”.
Amendment to regulation 5 (legal and other representation)35.
In regulation 5(1) and (4), for “third stage meeting” substitute “second stage meeting”
.
Amendment to regulation 6 (provision of notices or documents)36.
For regulation 6, substitute—
Provision of notices or documents6.
(1)
Subject to paragraph (2), where any written notice or document is to be given or supplied to the officer concerned under these Regulations, it must be—
(a)
given to the officer in person,
(b)
sent to the officer by e-mail or other means of electronic communication,
(c)
given to the officer in person by the officer’s police friend where the police friend has agreed with the relevant authority to deliver the notice or document, or
(d)
given to the officer in any other manner agreed between the person who is required to give the notice or document and the officer.
(2)
Where it is not reasonably practicable to give or supply a written notice or document to the officer concerned under paragraph (1)(a) or (b) and there is no agreement under paragraph (1)(c) or (d), the written notice or document must be—
(a)
left with a person at the officer’s last known address, or
(b)
sent to the officer’s last known address by first class post or recorded delivery or other service which provides for delivery on the next working day (“by post”).
(3)
Delivery is effective on the date on which a written notice or document is given to the officer under paragraph (1)(a), (c) or (d) or left with a person at the officer’s last known address under paragraph (2)(a).
(4)
Where a written notice or document is sent by e-mail or other means of electronic communication, it is to be taken to have been given or supplied to the officer concerned—
(a)
if the e-mail or other electronic communication is sent on a working day before 4.30 p.m., on that day, or
(b)
in any other case, on the next working day after the day on which it was sent.
(5)
Where a written notice or document is sent by post, it is to be taken to have been given or supplied to the officer concerned on the second working day after the day on which it was—
(a)
posted, or
(b)
left with, delivered to or collected by the relevant service provider.”.
Amendment to regulation 7 (procedure at meetings)37.
(1)
Regulation 7 is amended as follows.
(2)
In paragraphs (1), (2), (3), (5) and (7), in each place it occurs, for “third stage meeting” substitute “second stage meeting”
.
(3)
In paragraph (9)—
(a)
in sub-paragraph (a), omit “, 22(8), 26(6)(b)”;
(b)
in sub-paragraph (b), omit “22(2),”.
Amendment to regulation 8 (nominated persons)38.
(1)
Regulation 8 is amended as follows.
(2)
In paragraphs (1), (2) and (3), for “second line manager” substitute “appeal manager”
.
(3)
In paragraph (4), for “or equivalent rank or grade” substitute “rank or level of seniority”
.
(4)
In paragraph (5), for “a second line manager” substitute “an appeal manager”
.
Amendment to regulation 9 (reference to certain periods)39.
(1)
Regulation 9 is amended as follows.
(2)
In paragraph (2)—
(a)
in sub-paragraph (a), for “16(6)(c)” substitute “16(6A)”
;
(b)
omit sub-paragraph (b);
(c)
in sub-paragraph (c), for “45(7)(c) and (8)(a)” substitute “45(7A) and 45(8)(a)(i)”
.
(3)
In paragraph (4), for “under”, in the second place it occurs, substitute “in accordance with”
.
Amendment to regulation 10 (suspension of certain periods)40.
(1)
Regulation 10 is amended as follows.
(2)
In paragraph (2)—
(a)
in sub-paragraph (a), for “regulation 16(6)(c)” substitute “regulation 16(6A)”
;
(b)
in sub-paragraph (b), after “regulation 17(4)” insert “or “45(7)(d)”
;
(c)
omit sub-paragraphs (c) and (d);
(d)
in sub-paragraph (e), for “under regulation 45(7)(c), (d) or (8)(a)” substitute “in accordance with regulation 45(7A) or (8)(a)(i)”
;
(e)
in sub-paragraph (f), omit “final”.
Amendment to regulation 11 (meeting following investigation by the Director General)41.
(1)
Regulation 11 is amended as follows.
(2)
In paragraph (1), in the opening words, omit “, (3)”.
(3)
In paragraph (2)(b), after “regulation 17(4) or 45(7)(d),” insert “, or, where the period of the written improvement notice has been extended under regulation 45(3)(d), within the meaning of regulation 45(8)(c),”
.
(4)
Omit paragraph (3).
(5)
In paragraph (6)—
(a)
at the end of sub-paragraph (a) insert “and”
;
(b)
omit sub-paragraph (b) and the “and” after it;
(c)
in sub-paragraph (c), for “third stage meeting” substitute “second stage meeting”
.
(6)
In paragraph (7), in the opening words, omit “, 22(2)”.
(7)
In paragraph (8)—
(a)
in the opening words—
(i)
for “third stage meeting” substitute “second stage meeting”
;
(ii)
for “paragraph (3)” substitute “paragraph (2)”
;
(iii)
omit “final”;
(b)
in sub-paragraph (a), for “third stage meeting” substitute “second stage meeting”
.
Amendment to regulation 12 (provision of information to the Director General)42.
In regulation 12(2)—
(a)
in sub-paragraph (a)—
(i)
omit paragraphs (iii) to (v);
(ii)
in paragraph (viii), omit “final”;
(b)
in sub-paragraph (b), for “16(6)(c), 24(6)(c) or 45(7)(c) or (8)(a)” substitute “16(6A), 45(7A) or (8)(a)(i)”
.
Amendment to regulation 13 (meeting following referral under the Conduct Regulations)43.
(1)
Regulation 13 is amended as follows.
(2)
Before paragraph (1) insert—
A1
This regulation applies where regulation 31 does not apply and the relevant authority assesses under regulation 13(2)(b), 23(4)(b) or 26(2)(a)(iii) of the Conduct Regulations that a matter should be referred to be dealt with under these Regulations.”.
(3)
In paragraph (1)—
(a)
for the opening words substitute “Where this regulation applies—”
;
(b)
in sub-paragraph (a), omit “, (3)”;
(c)
in sub-paragraph (b)(i)—
(i)
for “each of paragraphs (2)(a) and (3)(a)” substitute “paragraph (2)(a)”
;
(ii)
for ““(1)(b)(ii)”” substitute ““(1)(b)(iii), (iv) or (v)””
;
(iii)
for “13(1)” substitute “13(A1)”
.
Amendment to regulation 15 (arrangement of first stage meeting)44.
In regulation 15(1)(d), for “, a second stage meeting and a third stage meeting”, substitute “and a second stage meeting”
.
Amendment to regulation 16 (procedure at first stage meeting)45.
(1)
Regulation 16 is amended as follows.
(2)
In paragraph (6)—
(a)
in sub-paragraph (c)—
(i)
for “such reasonable period as the line manager specifies (being a period not exceeding 12 months)” substitute “such period as the line manager specifies in accordance with paragraph (6A)”
;
(ii)
for “regulation 21” substitute “regulation 29”
;
(b)
in sub-paragraph (e), for “regulation 21” substitute “regulation 29”
.
(3)
After paragraph (6) insert—
(6A)
The period specified must be three months, except where the line manager considers that there are circumstances which justify a longer period, in which case the period specified must be a reasonable period not exceeding 12 months.”.
Amendment to regulation 17 (procedure following first stage meeting)46.
In regulation 17(6)(b), for “second line manager” substitute “appeal manager”
.
Amendment to regulation 18 (appeal against the finding and outcome of a first stage meeting)47.
(1)
Regulation 18 is amended as follows.
(2)
In paragraph (3)(c), for “regulation 16(6)(c)” substitute “regulation 16(6A)”
.
(3)
In paragraphs (5), (7), (8) and (9), in each place it occurs, for “second line manager” substitute “appeal manager”
.
Amendment to regulation 19 (arrangement of first stage appeal meeting)48.
In regulation 19(1), (2), (3), (5)(b) and (6), in each place it occurs, for “second line manager” substitute “appeal manager”
.
Amendment to regulation 20 (procedure at first stage appeal meeting)49.
In regulation 20(2), (3), and (5) to (10), in each place it occurs, for “second line manager” substitute “appeal manager”
.
Omission of Part 4 (second stage)50.
Omit Part 4.
Amendment to heading to Part 5 (third stage)51.
In the heading to Part 5, for “Third Stage” substitute “Second Stage”
.
Amendment to regulation 29 (assessment following second stage meeting)52.
(1)
Regulation 29 is amended as follows.
(2)
In the heading, for “second stage meeting” substitute “first stage meeting”
.
(3)
In paragraph (1)—
(a)
omit “final”;
(b)
for “24(6)(c)” substitute “16(6A)”
.
(4)
In paragraphs (2) and (3), for “third stage meeting” in each place it occurs, substitute “second stage meeting”
.
(5)
In paragraph (4)—
(a)
omit “final”;
(b)
for “24(6)(c)” substitute “16(6A)”
.
(6)
In paragraph (5)(b), for “third stage meeting” substitute “second stage meeting”
.
(7)
In paragraph (6)—
(a)
for “third stage meeting” substitute “second stage meeting”
;
(b)
omit “final.
Amendment to regulation 30 (arrangement of a third stage meeting)53.
(1)
Regulation 30 is amended as follows.
(2)
In the heading and paragraphs (1) and (3), in each place it occurs, for “third stage meeting” substitute “second stage meeting”
.
Amendment to regulation 31 (circumstances in which a third stage meeting may be required without a prior first or second stage meeting)54.
(1)
Regulation 31 is amended as follows.
(2)
In the heading—
(a)
for “third stage meeting” substitute “second stage meeting”
;
(b)
omit “or second”.
(3)
In paragraph (3)—
(a)
for “third stage meeting” substitute “second stage meeting”
;
(b)
omit “or a second stage meeting”.
Amendment to regulation 32 (arrangement of a third stage meeting without a prior first or second stage meeting)55.
(1)
Regulation 32 is amended as follows.
(2)
In the heading—
(a)
for “third stage meeting” substitute “second stage meeting”
;
(b)
omit “or second”.
(3)
In paragraph (1), in the opening words and sub-paragraph (a), in both places it occurs, for “third stage meeting” substitute “second stage meeting”
.
Amendment to regulation 33 (appointment of panel members)56.
(1)
Regulation 33 is amended as follows.
(2)
In paragraph (1), for “third stage meeting” substitute “second stage meeting”
.
(3)
In paragraph (9)—
(a)
at the end of sub-paragraph (a) insert “or”
;
(b)
omit sub-paragraph (b) and the “or” after it;
(c)
in sub-paragraph (c), omit “25, 28,”.
(4)
After paragraph (10) insert—
(11)
For the purposes of paragraph (3)—
(a)
an MDP officer is to be treated as a senior officer,
(b)
a member of a relevant force is to be treated as if they hold a rank above that of chief superintendent,
if they are required to perform the duties normally performed by a senior officer or member of a relevant force holding the rank above that of chief superintendent as the case may be.”.
Amendment to regulation 35 (procedure on receipt of notice of third stage meeting)57.
(1)
Regulation 35 is amended as follows.
(2)
In the heading and paragraph (3), for “third stage meeting” substitute “second stage meeting”
.
Amendment to regulation 36 (witnesses)58.
(1)
Regulation 36 is amended as follows.
(2)
In paragraphs (2)(b), (3) and (4), in each place it occurs, for “third stage meeting” substitute “second stage meeting”
.
Amendment to regulation 37 (timing and notice of third stage meeting)59.
(1)
Regulation 37 is amended as follows.
(2)
In the heading and paragraphs (1), (4), (5), (6), (8) to (10), in each place it occurs, for “third stage meeting” substitute “second stage meeting”
.
Amendment to regulation 38 (postponement and adjournment of a third stage meeting)60.
(1)
Regulation 38 is amended as follows.
(2)
In the heading and paragraph (1), in both places it occurs, for “third stage meeting” substitute “second stage meeting”
.
Amendment to regulation 39 (participation of Director General and investigator at third stage meeting)61.
(1)
Regulation 39 is amended as follows.
(2)
In the heading and paragraphs (2) and (3), for “third stage meeting” substitute “second stage meeting”
.
Amendment to regulation 40 (attendance of complainant or interested person at third stage meeting)62.
(1)
Regulation 40 is amended as follows.
(2)
In the heading and paragraphs (1), (2), (3) and (5), in each place it occurs, for “third stage meeting” substitute “second stage meeting”
.
Amendment to regulation 41 (attendance of others at a third stage meeting)63.
(1)
Regulation 41 is amended as follows.
(2)
In the heading and paragraphs (1), (4), (6), (7), (8)(a) and (c), (9) and (12), in each place it occurs, for “third stage meeting” substitute “second stage meeting”
.
Amendment to regulation 42 (exclusion from a third stage meeting)64.
(1)
Regulation 42 is amended as follows.
(2)
In the heading, for “third stage meeting” substitute “second stage meeting”
.
Amendment to regulation 43 (procedure at a third stage meeting)65.
(1)
Regulation 43 is amended as follows.
(2)
In the heading and paragraphs (1), (2) and (3), in each place it occurs, for “third stage meeting” substitute “second stage meeting”
.
Amendment to regulation 44 (finding)66.
(1)
Regulation 44 is amended as follows.
(2)
In paragraph (1)—
(a)
in the opening words, for “third stage meeting” substitute “second stage meeting”
;
(b)
in sub-paragraph (a), for “24(6)(c)” substitute “16(6A)”
;
(c)
in sub-paragraph (b)—
(i)
omit “final”;
(ii)
for “24(6)(c)” substitute “16(6A)”
.
Amendment to regulation 45 (outcomes)67.
(1)
Regulation 45 is amended as follows.
(2)
In paragraph (3), in each of sub-paragraphs (d) and (e), omit “final”.
(3)
In paragraph (4), for “third stage meeting” substitute “second stage meeting”
.
(4)
In paragraph (7)—
(a)
in the opening words, omit “or a final written improvement notice”;
(b)
for sub-paragraph (c) substitute—
(c)
state that, if a sufficient improvement is not made within such period as the panel specifies in accordance with paragraph (7A), the officer may be required to attend another second stage meeting, and state the date with which this period ends;”;
(c)
in sub-paragraph (e)—
(i)
after “may be required to attend”, for “a” substitute “another”
;
(ii)
omit “(in the case of a written improvement notice) or another third stage meeting (in the case of a final written improvement notice”.
(5)
After paragraph (7) insert—
(7A)
The period specified must be three months, except where the panel considers that there are circumstances which justify a longer period, in which case the period specified must be a reasonable period not exceeding 12 months.”.
(6)
In paragraph (8)—
(a)
in the opening words, for “the final” substitute “a”
;
(b)
in sub-paragraph (a)(i), for “third stage meeting” substitute “second stage meeting”
.
Omission of regulation 46 (assessment of performance or attendance following third stage meeting where a written improvement notice has been issued)68.
Omit regulation 46.
Amendment to regulation 47 (assessment of performance or attendance following third stage meeting where a final written improvement notice has been issued or extended)69.
(1)
Regulation 47 is amended as follows.
(2)
In the heading—
(a)
for “third stage meeting” substitute “second stage meeting”
;
(b)
omit “final”.
(3)
Before paragraph (1) insert—
A1
This regulation applies where—
(a)
the period of a written improvement notice has been extended under regulation 45(3)(d), or
(b)
a written improvement notice has been issued under regulation 45(3)(e) or (6).”.
(4)
In paragraph (1), for the opening words substitute “As soon as reasonably practicable after the end of the period specified in accordance with regulation 45(7A) (issue of written improvement notice) or 45(8)(a)(i) (extension of written improvement notice)—”
.
(5)
In paragraphs (2) and (3), in each place it occurs, for “third stage meeting” substitute “second stage meeting”
.
(6)
In paragraph (4)—
(a)
omit “final”;
(b)
for “regulation 45(7)(c)” substitute “regulation 45(7A)”
;
(c)
after “where the panel orders”, for “and” substitute “an”
;
(d)
for “regulation 45(8)(a)” substitute “regulation 45(8)(a)(i)”
.
(7)
In paragraphs (5)(b) and (7), for “third stage meeting” substitute “second stage meeting”
.
(8)
In paragraph (8)—
(a)
in sub-paragraph (a)—
(i)
for “regulation 24(6)(c)” substitute “regulation 16(6A)”
;
(ii)
for “under regulation 45(7)(c) or (8)(a)” substitute “in accordance with regulation 45(7A) or (8)(a)(i)”
;
(b)
in sub-paragraph (b), omit “final”.
(9)
In paragraph (9)—
(a)
for “third stage meeting” substitute “second stage meeting”
;
(b)
for “final written improvement notice issued or extended under regulation 45” substitute “written improvement notice issued or extended under regulation 45(3)(e), (6) or (8)”
;
(c)
for “regulation 45(8)(a)” substitute “regulation 45(8)(a)(i)”
.
(10)
In paragraph (10), for “third stage meeting” substitute “second stage meeting”
.
Amendment to regulation 48 (third stage meeting under regulation 47)70.
(1)
Regulation 48 is amended as follows.
(2)
In the heading, and paragraphs (1) and (2), in each place it occurs, for “third stage meeting” substitute “second stage meeting”
.
(3)
In paragraph (2), omit “final”.
Part 4 makes extensive amendments to the Performance Regulations (Schedule 4 to the 2020 Regulations), primarily simplifying the tiered system of performance management by removing the 'third stage' entirely (Regulation 50) and renaming existing stages (e.g., third stage meeting becomes second stage meeting, Regulation 51).
It introduces an 'appeal manager' role for first-stage appeals, replacing the previous 'second line manager' (Regulation 34, 38, 47).
Regulation 36 updates service of documents here, mirroring the changes made to the Conduct Regulations (Regulation 6).
Regulations 45 and 67 establish that the default period for demonstrating improvement following a written improvement notice is three months, extendable up to 12 months.
These changes aim to streamline the performance review and appeal process into a two-stage system.
Part 5Amendment of the Appeals Tribunals Regulations
Amendment of the Appeals Tribunals Regulations71.
The Appeals Tribunals Regulations are amended in accordance with regulations 72 to 74.
Amendment to regulation 2 (interpretation and general provision as to written notices or documents)72.
(1)
Regulation 2 is amended as follows.
(2)
In paragraph (1), in the definition of “original hearing”, for “third stage meeting” substitute “second stage meeting”
.
(3)
In paragraph (3)—
(a)
in the opening words, for “Where” substitute “Subject to paragraph (4), where”
;
(b)
for sub-paragraph (b) (but not the “or” after it) substitute—
(b)
sent to the appellant by e-mail or other means of electronic communication,”.
(4)
After paragraph (3) insert—
(4)
Where it is not reasonably practicable to give or supply a written notice or document to the appellant under paragraph (3)(a) or (b) and there is no agreement under paragraph (3)(c), the written notice or document must be—
(a)
left with a person at the appellant’s last known address, or
(b)
sent to the appellant’s last known address by first class post or recorded delivery or other service which provides for delivery on the next working day (“by post”).
(5)
Delivery is effective on the date on which a written notice or document is given to the appellant under paragraph (3)(a) or (c) or left with a person at the appellant’s last known address under paragraph (4)(a).
(6)
Where a written notice or document is sent by e-mail or other means of electronic communication, it is to be taken to have been given or supplied to the appellant—
(a)
if the e-mail or other electronic communication is sent on a working day before 4.30 p.m., on that day, or
(b)
in any other case, on the next working day after the day on which it was sent.
(7)
Where a written notice of document is sent by post, it is to be taken to have been given or supplied to the appellant on the second working day after the day on which it was—
(a)
posted, or
(b)
left with, delivered to or collected by the relevant service provider.”.
Amendment to regulation 4 (circumstances in which an MDP officer may appeal to a tribunal - Performance Regulations)73.
(1)
Regulation 4 is amended as follows.
(2)
In paragraph (2), for “third stage meeting” substitute “second stage meeting”
.
(3)
In paragraph (4), in the opening words, for “third stage meeting” substitute “second stage meeting”
.
(4)
In paragraph (5)—
(a)
in the opening words, for “third stage meeting” substitute “second stage meeting”
;
(b)
omit sub-paragraph (d).
(5)
In paragraph (6)(d)—
(a)
for “third stage meeting” substitute “second stage meeting”
;
(b)
omit “final”.
Amendment to regulation 6 (appointment and composition of police appeals tribunal)74.
In regulation 6, for paragraph (4)(a) substitute—
(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 20147,”.
Part 5 modifies the Appeals Tribunals Regulations.
Regulation 72 updates the rules for serving notices/documents in tribunal appeals, permitting electronic service and setting deemed delivery times, similar to the changes in the main conduct rules.
Regulations 73 and 74 make consequential amendments in consequence of Performance Regulations changes (like renaming stages) and include a specific change to the composition of police appeals tribunals relating to Scottish tribunal system reforms (Regulation 74, dealing with the appointment of the tribunal chair).
Part 6Transitional Provisions
Interpretation of Part 675.
In this Part—
“the 2002 Act” means the Police Reform Act 20028;
“appellant” means an MDP officer or a former MDP officer who has given a notice of appeal in accordance with regulation 7 or 8 of the Appeals Tribunals Regulations;
“chief constable” means the chief constable of the MDP;
“the Commissioner” means the officer known as the Police Investigations and Review Commissioner, established under section 33 of the Police, Public Order and Criminal Justice (Scotland) Act 20069;
“Director General” means the Director General of the Independent Office for Police Conduct, established under section 9 of the 2002 Act10;
“external procedures” means—
(a)
in the case of external procedures established for England and Wales, procedures established with the Director General in accordance with an agreement made under section 26(1) of the 2002 Act11;
(b)
in the case of external procedures established for Northern Ireland, procedures established with the Ombudsman in accordance with an agreement made under section 60(1) of the Police (Northern Ireland) Act 199812;
(c)
in the case of external procedures established for Scotland, procedures—
- (i)established with the Commissioner in accordance with an agreement under article 4 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 200713;
- (ii)established with the Commissioner in accordance with an agreement under article 3(5) of the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 201314; or
- (iii)which apply where the Commissioner has been directed to investigate by an “appropriate prosecutor”, and for this purpose “appropriate prosecutor” has the meaning given by section 47 of the Police, Public Order and Criminal Justice (Scotland) Act 200615;
“former MDP officer” means a person who has ceased to be an MDP officer;
“Head of HR” means the head of HR for the MDP in the Ministry of Defence;
“line manager” means the MDP officer or staff member who has immediate supervisory responsibility for the officer concerned;
“MDP” means the Ministry of Defence Police;
“MDP officer” means a member of the MDP;
“Ombudsman” means the Police Ombudsman for Northern Ireland16;
“pre-commencement allegation” means an allegation against an MDP officer or former MDP officer which came to the attention of a relevant authority, the Director General, the Commissioner or the Ombudsman before the coming into force of these Regulations;
“relevant authority” has the meaning given in section 4(4) of the Ministry of Defence Police Act 198717;
“staff member” means any person other than an MDP officer who is employed by the Secretary of State for Defence.
Transitional provisions: amendments to the Conduct Regulations76.
(1)
Subject to paragraphs (2) and (3), the amendments made by Parts 2 and 3 do not have effect in relation to—
(a)
a pre-commencement allegation, or
(b)
an allegation against an MDP officer or former MDP officer which comes to the attention of a relevant authority on or after 29th December 2025 and which relates to a matter in respect of which a pre-commencement allegation against that person was made, if at the time the allegation is made the pre-commencement allegation is being handled in accordance with—
(i)
the Conduct Regulations as in force before 29th December 2025, or
(ii)
external procedures established for England and Wales, Northern Ireland, or Scotland.
(2)
Paragraph (1) does not apply where the Director General—
(a)
determines under section 13B of the 2002 Act (power of the Director General to require re-investigation)18 that a complaint or matter is to be re-investigated, or
(b)
makes a direction under section 28A(1) or (4) of the 2002 Act (application of Part 2 to old cases)19 in relation to a matter.
(3)
Paragraph (1) does not apply where the officer concerned was given a written notice on or after 29th December 2025 under—
(a)
regulation 29(1) of the Conduct Regulations (notice of referral to misconduct proceedings), or
(b)
regulation 51(1) of the Conduct Regulations (notice of referral to accelerated misconduct hearing).
Transitional provisions: amendments to the Performance Regulations and the Appeals Tribunals Regulations77.
(1)
The amendments made by Part 4 and regulations 72(2) and 73 do not have effect in relation to—
(a)
unsatisfactory performance or attendance or gross incompetence which came to the attention of the line manager of an MDP officer, or the chief constable, before 29th December 2025, or
(b)
unsatisfactory performance or attendance or gross incompetence which came to the attention of the line manager of an MDP officer, or the chief constable, on or after 29th December 2025 but which relates to a matter being handled under the Performance Regulations as in force immediately before 29th December 2025.
(2)
The amendments made by paragraphs (3) and (4) of regulation 72 do not have effect where notice of the appeal was given by an appellant under the Appeals Tribunals Regulations before 29th December 2025.
(3)
The amendment made by regulation 74 does not have effect in relation to an appointment made by the Head of HR under regulation 6(4) of the Appeals Tribunals Regulations before 29th December 2025.
Part 6 contains transitional provisions to manage the shift to the new regulatory framework starting December 29th, 2025.
Regulation 75 defines key terms for this Part, such as 'pre-commencement allegation' and defines various overseeing bodies (Director General, Commissioner, Ombudsman).
Regulation 76 dictates that most amendments made to the Conduct Regulations (Parts 2 and 3) will not apply to allegations that came to attention before the commencement date, or allegations after commencement that relate to matters already ongoing under the old rules or external procedures, unless the Director General intervenes (e.g., requires reinvestigation), or if the officer had already received notice of referral to misconduct proceedings under the old rules.
Regulation 77 grants similar transitional protection to the amendments made to the Performance Regulations and Appeals Tribunals Regulations, ensuring ongoing cases generally continue under the rules applicable immediately before the commencement date.
Vernon Coaker
Minister of State
Ministry of Defence
Explanatory Note
(This note is not part of the Regulations)
These Regulations amend the Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020 (S.I. 2020/1087) (“the 2020 Regulations”), primarily to align with changes made by the Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558) to the disciplinary procedures that apply to members and former members of the territorial police forces in England and Wales and appeals from those procedures.
Part 2 amends the Conduct Regulations set out in Schedule 1 to the 2020 Regulations. Regulation 4 makes various changes to the interpretative provisions, including to clarify that a conviction for an indictable-only offence will always amount to gross misconduct, and makes a minor change to the rules relating to the delegation of functions. Regulation 6 makes changes to enable written notices or documents to be sent by e-mail rather than by post. It also creates rules for deemed dates of service. Regulations 8 and 12 amend regulations 41 and 62 of the Conduct Regulations to require that disciplinary action is imposed in cases where misconduct or gross misconduct is found. They also provide that, where gross misconduct is found, the outcome must be dismissal without notice unless exceptional circumstances apply. Regulation 9 amends regulation 49 of the Conduct Regulations to allow a relevant authority to refer a case to an accelerated misconduct hearing even if it has not received a statement of the investigator’s belief that the special conditions are satisfied. Various errors within the Conduct Regulations are also corrected by regulations 5, 7, 8, 10, 11, and 12.
Part 3 amends Schedule 2 to the 2020 Regulations (modifications to the Conduct Regulations in their application to former officers), mainly in consequence of amendments to the Conduct Regulations. Regulation 18 inserts a new Part 3A into the Conduct Regulations as modified, and introduces a presumption that a former police officer should be referred to an accelerated misconduct hearing rather than a misconduct hearing unless the officer opts for a misconduct hearing or the relevant authority determines that a misconduct hearing is necessary. Various other errors are corrected by regulations 14 to 16, 20 to 22, 26 and 29. The Ministry of Defence has produced a version of the Conduct Regulations as modified in respect of former officers which can be obtained from the Professional Standards Department of the Ministry of Defence Police by e-mailing [email protected] or online at:
Part 4 amends the Performance Regulations as set out in Schedule 4 to the 2020 Regulations. Regulation 34 makes various changes to the interpretative provisions, including to introduce a definition of “appeal manager” and to remove the requirement that a “senior manager” be the supervisor of the second line manager of the officer concerned. Regulation 36 amends regulation 6 of the Performance Regulations and provides that written notices or documents may be sent by e-mail rather than by post. It also creates rules for deemed dates of service. Regulations 45 and 67 amend regulations 16 and 45 of the Performance Regulations respectively to provide that the officer concerned must demonstrate sufficient improvement for a default period of three months where they are issued with a written improvement notice. Regulation 47 amends regulation 18 of the Performance Regulations to provide that an appeal against the finding and outcome of a first stage meeting must be heard by an appeal manager rather than by the second line manager of the officer concerned. Regulation 50 omits Part 4 of the Performance Regulations and thereby reduces the previous three-stage system to a two-stage process. Regulation 56 amends regulation 33 of the Performance Regulations to provide that a panel chair may be a member of the Ministry of Defence Police or another police force who acts as a senior officer. Other changes are consequential on those set out above.
Part 5 amends the Appeals Tribunals Regulations. These amendments are in consequence of the changes to the Performance Regulations and also include one change to the eligibility of those who can be selected as the chair of an appeal tribunal panel as a consequence of changes being made in Scotland (to abolish police appeal tribunals and move appeals to the Scottish Tribunals system).
Part 6 makes transitional provision. It provides that the amendments made by Parts 2 to 5 do not have effect in relation to a matter that pre-dates the coming into force of these Regulations, or post-dates it but relates to a matter that is already being handled in accordance with the applicable conduct or performance regime. It also provides that the amendments made by Parts 2 and 3 have effect where the officer concerned has not already been given notice of their referral to misconduct proceedings or an accelerated misconduct hearing.
Regulation 77 also contains provision to ensure that the change to the rules on giving notices or documents to an appellant under the Appeals Tribunals Regulations does not apply where notice of the appeal was given by an appellant before these Regulations come into force and the change to the rule relating to the appointment of the chair of a Police Appeals Tribunal panel does not affect cases where the chair was appointed before these Regulations come into force.
A full impact assessment has not been prepared for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
Part 6 concludes with the signing and an Explanatory Note.
The Minister of State, Vernon Coaker, signed the regulations on December 1st, 2025.
The Explanatory Note clarifies that the purpose of the Regulations is to align MDP procedures with recent changes made to disciplinary procedures for territorial police forces.
It details the key amendments made in Parts 2, 3, 4, and 5 concerning gross misconduct definitions, mandatory disciplinary outcomes, electronic communication, simplification of performance management from three stages to two, and new rules for former officer misconduct determinations.
Finally, it addresses transitional rules, stating that the new rules primarily apply to matters arising on or after December 29th, 2025, ensuring ongoing cases are not disrupted.
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