The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) (No. 2) Regulations 2025
The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) (No. 2) Regulations 2025 enact changes to the existing 2025 amendment regulations concerning disciplinary, performance, and appeals procedures for Ministry of Defence Police officers.
The primary action taken by these Regulations is the revocation of Parts 2, 3, and 4 of the 2025 Regulations, along with specific regulations dealing with tribunal processes and transitional arrangements, effectively removing most of the amendments previously introduced by the 2025 Regulations, except for one definition and a specific amendment related to Scottish tribunal legislation.
Arguments For
The amendments streamline the disciplinary and performance management framework for the Ministry of Defence Police (MDP) by removing specific 2025 regulations.
Revocation of certain provisions related to Scottish legislation regarding Police Appeals Tribunals simplifies jurisdiction or removes superseded processes.
The instrument removes amendments made to the Conduct Regulations, Performance Regulations, and Appeals Tribunals Regulations (2020 Regulations), potentially consolidating or reverting to previous, preferred procedural arrangements.
By limiting the scope of the 2025 Regulations, the instrument reduces administrative complexity and regulatory burden, as evidenced by the lack of a requirement for a full impact assessment.
Arguments Against
Removing Parts 2, 3, and 4 of the 2025 Regulations revokes significant procedural changes concerning conduct, performance, and appeals for MDP officers and former officers, potentially creating uncertainty regarding which framework now applies.
The revocation of regulations 72, 73, and parts of 75, 76, and 77 overturns recent legislative updates without providing the specific rationale for why those amendments are being reversed.
The deletion of transitional provisions and interpretative rules might complicate the transition back to the previous regulatory regime, potentially causing legal ambiguity for ongoing cases or recent actions taken under the revoked rules.
With the exclusion of an amendment related to Scottish Police Appeals Tribunals, the instrument may create an inconsistency between the frameworks governing MDP officers operating in Scotland versus other territories.
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 3A(1), (1A), (3), 4 and 4A of the Ministry of Defence Police Act 1987.
The Secretary of State is enacting these statutory rules using specific powers granted under sections 3A(1), (1A), (3), 4, and 4A of the Ministry of Defence Police Act 1987.
- (1) These Regulations may be cited as the Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) (No. 2) Regulations 2025 and come into force on 28th December 2025.
(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
The official title for these rules is the Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) (No. 2) Regulations 2025, and they become legally effective on December 28th, 2025.
These rules apply across the entire United Kingdom, covering England, Wales, Scotland, and Northern Ireland.
- (1) The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2025 are amended in accordance with this regulation.
(2) Parts 2, 3 and 4 are revoked.
(3) Regulations 72 and 73 are revoked.
(4) Regulation 75 is revoked, except the definition “Head of HR”.
(5) Regulations 76 and 77(1) and (2) are revoked.
These Regulations modify the Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2025.
Specifically, Parts 2, 3, and 4 of the 2025 Regulations are officially cancelled, meaning those provisions are no longer in effect.
Additionally, Regulations 72, 73, 76, and subsections (1) and (2) of Regulation 77 are revoked.
Regulation 75 is also generally cancelled, but the definition for “Head of HR” within it remains valid.