EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Ministry of Defence Police (Conduct etc.) Regulations 2015 (S.I. 2015/25, “the Conduct Regulations”), the Ministry of Defence Police (Performance) Regulations 2012 (S.I. 2012/808, “the Performance Regulations”) and the Ministry of Defence Police Appeals Tribunals Regulations 2009 (S.I. 2009/3070, “the Appeals Tribunals Regulations”).
Part 2 amends the Conduct Regulations, the principal amendments to which are summarised as follows.
Regulation 3 amends the definition of “external procedures” to include cases involving Ministry of Defence Police officers (“MDP officers”) that have been investigated under the Scottish complaints procedures and which are overseen by the Police Investigation and Review Commissioner. Regulation 3 also amends the Conduct Regulations so that the making of a protected disclosure by an MDP officer is not a breach of the Standards of Professional Behaviour set out in Schedule 1 to those Regulations.
The provision inserted by regulation 8 enables the Secretary of State to give directions in relation to misconduct hearings where it is expedient to do so in order to protect national security.
Regulation 9 makes provision for misconduct hearings for non-senior officers to be conducted by a legally qualified chair.
Regulations 11 to 17 make provision in relation to the publication of information about misconduct hearings and the holding of those hearings in public. The provision inserted by regulation 11 enables the person chairing a misconduct hearing to require publication by the relevant authority of certain information about the hearing at least 5 working days before it starts; it also enables certain persons to make written representations in relation to attendance at the misconduct hearing and the publication of information about the hearing. Regulation 13 makes provision that, subject to exceptions, a misconduct hearing is to take place in public. Regulation 14 makes consequential amendments about further meetings and further hearings of the MOD Police Committee to consider disciplinary action in relation to senior officers. The amendments made by regulation 16 require the relevant authority to notify the College of Policing where an officer is dismissed. The provision inserted by regulation 17 enables publication of certain information about a misconduct hearing between 7 and 12 working days after its conclusion and for representations to be considered in relation to that.
Regulations 20 and 23 to 30 make amendments in relation to special case hearings which are equivalent to the amendments made in relation to misconduct hearings. Regulation 25 revokes regulation 55 (in light of the amendments made by regulations 24 and 26 respectively).
Regulation 31 revokes paragraph 3 of Schedule 3, which purported to make an amendment to the Performance Regulations relating to the definition of extended special unpaid leave.
Part 3 amends the Performance Regulations. In particular, regulation 35 inserts a definition of “extended special unpaid leave”. The other provisions make minor amendments to the Performance Regulations.
Part 4 amends the Appeals Tribunals Regulations. In particular, regulation 38 amends the definition of a “specified appeal”. The provision inserted by regulation 41 enables the Secretary of State to give directions in relation to appeal hearings where it is expedient to do so in order to protect national security. The amendments in regulation 42 enable the person chairing an appeal hearing to require publication by the relevant authority of certain information about the hearing at least 5 working days before it starts; they also enable certain persons to make written representations in relation to attendance at the appeal hearing and the publication of information about the hearing.
The amendment in regulation 43 provides that, subject to exceptions, appeals under regulation 4 of the Appeals Tribunals Regulations take place in public.
The amendment made by regulation 47 requires the relevant authority to notify the College of Policing where the dismissal of an officer is reversed on appeal.
The provision inserted by regulation 48 enables publication of certain information about an appeal hearing between 5 and 10 working days after its conclusion and for representations to be considered in relation to that.
Regulations 49 to 51 contain transitional provisions.
An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.