The Ministry of Defence Police Appeal Tribunals Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for appeals to be made to Ministry of Defence Police appeal tribunals by members of the Ministry of Defence Police force (“the force”), for the appointment and composition of the tribunals and their procedure. Two related sets of regulations, the Ministry of Defence Police (Conduct) Regulations 2004 and the Ministry of Defence Police (Conduct) (Senior Officers) Regulations 2004, (“the Conduct Regulations”) are made at the same time. The Conduct Regulations provide for the investigation and hearing of complaints about the conduct of members of the force and require members of the force about whom decisions are made under the Conduct Regulations to be notified of their rights under these Regulations.

Regulations 1 and 2 provide for citation, commencement, extent and interpretation. The regulations only apply where the conduct that is the subject of the appeal occurred and began on or after the commencement date.

Regulation 3 entitles members of the force who are dismissed, required to resign or reduced in rank by a decision taken in proceedings under the Conduct Regulations to appeal to a Ministry of Defence Police appeal tribunal once any right to review has been exercised. It enables the tribunal to make orders dealing with cases.

Regulation 4 sets out the composition of Ministry of Defence Police appeal tribunals.

Regulation 5 makes provision about who is the respondent in cases before the tribunals.

Regulation 6 provides for notice of appeal to a Ministry of Defence Police appeal tribunal normally to be given within 21 days of the decision appealed against. Special provisions apply where the case is a relevant criminal case as defined in paragraph (3).

Regulation 7 sets out the procedure on notice of appeal. In particular, it provides for the documents that must be prepared and given to the appellant, the Head of Civilian management and members of the tribunal. These include the appellant’s statement of grounds of appeal and the respondent’s response to the appeal.

Regulation 8 provides for the time limits applicable to the giving notice of appeal and the submission of grounds of appeal etc. to be extended by the Head of Civilian Management on application by the appellant and for appeal against a refusal of extension to be made to the chairman of the tribunal.

Regulation 9 enables a Ministry of Defence Police appeal tribunal to determine a case without a hearing if the appellant and respondent have had the opportunity to make representations. It also provides for the appellant and respondent to be represented at the hearing.

Regulation 10 provides for procedure at a hearing by a Ministry of Defence Police appeal tribunal, including the giving of notice of the hearing, hearings in the absence of parties and adjournments.

Regulation 11 provides for provisions of the Local Government Act 1972 and the Local Government (Scotland) Act 1973 relating to the attendance of witnesses and the production of witnesses to apply to Ministry of Defence Police appeal tribunals' hearings.

Regulation 12 allows the appellant to withdraw his appeal and prescribes how this may be done.

Regulation 13 provides for the chairman of the tribunal to have a casting vote.

Regulation 14 provides for the hearings of Ministry of Defence Police appeal tribunals to be in private, but allows the tribunal to permit persons to attend.

Regulation 15 sets out who may give evidence at the hearings of Ministry of Defence Police appeal tribunals and the procedure relating to the giving of evidence, examination of witnesses and recording of proceedings.

Regulation 16 enables the Ministry of Defence Police appeal tribunals to admit written evidence.

Regulation 17 applies where the decision appealed against originated in a complaint and the appeal is not only against the sanction imposed on the appellant. It provides for the attendance of complainants at the hearings together with persons accompanying them and entitles complainants to have questions put to the appellants.

Regulation 18 provides for the orders of the Ministry of Defence Police appeal tribunals allowing appeals to have effect instead of the decisions appealed against and makes further provision about suspension and reinstatement.

Regulation 19 requires the chairman of the Ministry of Defence Police appeal tribunals to prepare a statement of the tribunal’s determination and the reasons for it and provides for copies of it to be given to parties.

Regulation 20 provides for members of Ministry of Defence Police appeal tribunals to be paid remuneration and expenses.

Regulation 21 provides for the appellant to pay his own costs except where the Ministry of Defence Police appeal tribunal directs payment from Ministry of Defence funds. Other costs are met from those funds.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.