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

Insertion of regulation 12A

41.  After regulation 12 (determination of an appeal), insert—

“National security: power to give directions in relation to appeals

12A.— (1) If the Secretary of State considers it expedient in the interests of national security, the Secretary of State may give a direction (“the direction”), in writing, in relation to an appeal hearing, relating to one or more of the following matters—

(a) that all or part of the hearing must be conducted in private;

(b) that a specified person must be excluded from all or part of the hearing;

(c) that steps must be taken to conceal the identity of a witness;

(d) that specified information must be excluded from any notice published under regulation 14(6) (notice of the hearing) or 22A (publication of information in relation to tribunal’s determination of appeals under regulation 4).

(2) The Secretary of State must provide the direction (or a copy of it) to the relevant authority and the head of HR as soon as possible.

(3) Following receipt of the direction, the head of HR must supply a copy of it to the chair as soon as possible.

(4) The chair must comply with the direction.”.