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

Amendment of regulation 14

42.—(1) Regulation 14 (notice of the hearing)(1) is amended as follows.

(2) After paragraph (4), insert—

“(5) Paragraphs (6) to (12) apply only to hearings of appeals under regulation 4.

(6) The chair may require notice of the hearing to be published which contains information relating to one or more of the matters in paragraph (11).

(7) Before requiring notice to be published under paragraph (6), the chair must—

(a) specify the date (“the specified date”) by which written representations under paragraph (9) must be provided;

(b) inform the head of HR of the specified date; and

(c) consider any representations made under paragraph (9).

(8) The head of HR, having been informed of the specified date, must without delay inform the persons in paragraph (10)(a) and (c) to (f) of the specified date in writing.

(9) A person mentioned in paragraph (10) may make written representations to the chair in relation to—

(a) whether, and (if so) the extent to which, the chair should exclude any person from the whole or part of the hearing under regulation 21(1);

(b) whether the chair should impose any conditions under regulation 21(2); and

(c) whether the chair should require notice to be published under paragraph (6) and, if so, which information relating to the matters in paragraph (11) should be included in any such notice.

(10) The persons are—

(a) the appellant;

(b) the respondent;

(c) the complainant;

(d) any interested person;

(e) any witness;

(f) if the case was investigated under external procedures, the Commission or the Ombudsman.

(11) The matters referred to in paragraphs (6) and (9)(c) are—

(a) the name of the officer concerned;

(b) the date of the hearing;

(c) the time of the hearing;

(d) the place at which the hearing will take place;

(e) the finding made under the Conduct Regulations or the disciplinary action, if any, imposed under the Conduct Regulations in consequence of a finding in relation to which the appeal has been brought.

(12) If the chair requires notice to be published under paragraph (6), the relevant authority must publish the notice on its website at least 5 working days before the day on which the hearing is to begin and, once published, it must remain there until the conclusion of the hearing.”.

(1)

Regulation 14 was amended by S.I. 2015/25.