The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017

Amendment of regulation 38

14.—(1) Regulation 38 (senior officers: meeting of MOD Police Committee to consider disciplinary action) is amended as follows.

(2) In the heading, for “meeting” substitute “further meeting or further hearing”.

(3) For paragraph (3), substitute—

“(3) On receiving a report under paragraph (1), the MOD Police Committee must—

(a) in a case where the report was submitted following a misconduct meeting, hold a further meeting; or

(b) in a case where the report was submitted following a misconduct hearing, hold a further hearing,

for the purpose of considering what disciplinary action (if any) should be imposed.”.

(4) For paragraph (4), substitute—

“(4) The provisions of these Regulations specified in paragraph (6) apply, with the modifications specified in paragraph (7)—

(a) where those provisions relate to misconduct meetings, to a further meeting held under paragraph (3)(a) as if it were a misconduct meeting;

(b) where those provisions relate to misconduct hearings, to a further hearing held under paragraph (3)(b) as if it were a misconduct hearing.”.

(5) In paragraph (5), for “meeting” substitute “further meeting or further hearing”.

(6) In paragraph (6)—

(a) after sub-paragraph (c), insert—

“(ca) regulation 24A(4) (national security: power to give directions in relation to misconduct hearings);”;

(b) after sub-paragraph (f), insert—

“(fa) regulation 30A (notification of misconduct hearings);”.

(7) In paragraph (7)—

(a) in sub-paragraph (a), omit “the Chair of”;

(b) in sub-paragraph (b), omit the “and” at the end;

(c) after sub-paragraph (c), insert—

“(d) in regulation 30A—

(i) paragraph (2)(b) is omitted;

(ii) in paragraph (3), “, having been informed of the specified date,” is omitted;

(iii) paragraph (5)(b) is omitted.”.