The Ministry of Defence Police Appeal Tribunals (Amendment) Regulations 2008

Statutory Instruments

2008 No. 2059

Police

The Ministry of Defence Police Appeal Tribunals (Amendment) Regulations 2008

Made

29th July 2008

Laid before Parliament

30th July 2008

Coming into force

20th August 2008

The Secretary of State, in exercise of the powers conferred by section 4A(3) of the Ministry of Defence Police Act 1987(1), makes the following regulations:

Citation and commencement

1.  These Regulations may be cited as the Ministry of Defence Police Appeal Tribunals (Amendment) Regulations 2008 and shall come into force on 20th August 2008.

Amendment to the Ministry of Defence Police Appeal Tribunals Regulations 2004

2.  In regulation 4(2)(a) of the Ministry of Defence Police Appeal Tribunals Regulations 2004(2) for the words “have a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990(3)” substitute “satisfy the judicial-appointment eligibility condition within the meaning of section 50 of the Tribunals, Courts and Enforcement Act 2007(4) on a 5-year basis”.

Derek Twigg

Parliamentary Under Secretary of State

Ministry of Defence

29th July 2008

EXPLANATORY NOTE

(This note is not part of these Regulations)

These Regulations amend the Ministry of Defence Police Appeal Tribunals Regulations 2004 (S.I. 2004/652) (“the 2004 Regulations”). The 2004 Regulations make provision for appeals to be made to Ministry of Defence Police appeals tribunals by members of the Ministry of Defence Police and for the appointment and constitution of the tribunals.

These Regulations concern the eligibility of persons to be appointed to a Ministry of Defence Police appeals tribunal and amend the 2004 Regulations by substituting reference to a “judicial appointment eligibility condition” in place of reference to a qualification mentioned in section 71 of the Courts and Legal Services Act 1990 (c.41) for appointment as a member of the Ministry of Defence Police appeals tribunal.

(1)

1987 c.4: section 4A was inserted by the Police Reform Act 2002 (c.30), section 79(2).

(2)

S.I. 2004/652.

(3)

1990 c.41; section 71 was amended by the Constitutional Reform Act 2005 (c.4), Schedule 11, Part 2, paragraphs 4(1) and (3); by the Legal Services Act 2007 (c.29). Schedule 21, paragraphs 83, 94(a) and (b) which has not been implemented; and by the Access to Justice Act 1999 (c.22), Schedule 6, paragraphs 4 and 9 and Schedule 15, Part 2.

(4)

2007 c.15.