The Ministry of Defence Police (Conduct etc.) Regulations 2015

Amendments in relation to tribunal’s determination

10.—(1) After regulation 22(1) of the Appeal Regulations insert—

“(1A) Where the tribunal determines that a ground of appeal under regulation 4(4)(b) or (c) or regulation 4A(6)(b) or (c) has been made out, the tribunal may set aside the relevant decision and remit the matter to be decided again in accordance with the relevant provisions of the Conduct Regulations or the Performance Regulations.

(1B) Where the tribunal remits the matter under paragraph (1A)—

(a) any misconduct meeting for the matter must be conducted by a person other than the person who made the relevant decision;

(b) any misconduct hearing for the matter must be conducted by a panel which does not include any person who was on the panel that made the relevant decision.”.

(2) For regulation 22(2) of the Appeal Regulations substitute—

“(2) The determination of the tribunal may be based on a majority (with the chair having the casting vote if necessary).”.

(3) Omit regulation 22(3) of the Appeal Regulations.

(4) For regulation 22(6) of the Appeal Regulations substitute—

“(6) Where regulation 19(1) applies, the Head of HR must notify the complainant and any interested party of the decision of the tribunal.”.