2026 No. 786
POLICE

The Civil Nuclear Constabulary (Barred List and Advisory List) Regulations 2026

Made
Laid before Parliament
Coming into force
The Secretary of State makes these Regulations in exercise of the powers conferred by section 252 (1) of, and paragraphs 1 (3), 5 (1) (b), 6, 7 (2) and (3), 9 (2), 11 (3) and 13 (e) of Schedule 25 to, the Crime and Policing Act 20261.

Part 1General

Citation, commencement, extent and interpretation1.

(1)

These Regulations may be cited as the Civil Nuclear Constabulary (Barred List and Advisory List) Regulations 2026 and come into force on 21st September 2026.

(2)

These Regulations extend to England and Wales and Scotland.

(3)

In these Regulations—

“the 2026 Act” means the Crime and Policing Act 2026;

“the Authority” means the Civil Nuclear Police Authority2;
“Civil Nuclear Constabulary” has the meaning given in section 52(1) of the Energy Act 20043;

“Civil Nuclear Constabulary advisory list” has the meaning given in section 211 of the 2026 Act;

“Civil Nuclear Constabulary barred list” has the meaning given in section 211 of the 2026 Act;

“gross incompetence”—

(a)

where P was a constable of the Civil Nuclear Constabulary, has the meaning given in regulation 4 (1) of the Police (Performance) Regulations 20204;

(b)

where P was a civilian employee of the Authority, means a serious inability or serious failure of P to perform the duties of the role to a satisfactory standard or level (otherwise than by reason of P’s attendance) to the extent that dismissal was justified;

“relevant allegation” has the meaning given in paragraph 10(7) of Schedule 25;

“Schedule 25” means Schedule 25 to the 2026 Act;

“working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 19715 in England, Wales or Scotland.

Part 2Former civilian employees: relevant proceedings

Meaning of “disciplinary proceedings”2.

For the purposes of paragraph 13(e) of Schedule 25 (meaning of “disciplinary proceedings” in relation to civilian employees)—

“disciplinary proceedings” means any proceedings or management process during which the conduct of a person (“P”) while a civilian employee6 is considered in order to determine whether to dismiss P or whether a finding should be made that P would have been dismissed if P had still been such an employee.

Meaning of “appeal proceedings” in paragraph 5(1)(b) of Schedule 253.

For the purposes of paragraph 5(1)(b) of Schedule 25 (removal of civilian employees from barred persons list)—

“appeal proceedings” means any internal review or any appeal during which a decision taken in disciplinary proceedings is considered and may be set aside.

Part 3Civil Nuclear Constabulary barred list

Chapter 1Information to be included in relation to persons in the barred list

Information to be included4.

(1)

The Authority must include in the Civil Nuclear Constabulary barred list the following information in relation to each person (“P”) included in the list—

(a)

P’s full name;

(b)

P’s date of birth;

(c)

whether, at the time of the dismissal or finding by virtue of which P was included in the barred list, P was a constable of the Civil Nuclear Constabulary, a former constable of the Civil Nuclear Constabulary, a civilian employee of the Authority or a former civilian employee;

(d)

where P was a constable of the Civil Nuclear Constabulary at the time of the dismissal—

(i)

P’s rank at that time;

(ii)

any number used at that time to identify P as a constable of the Civil Nuclear Constabulary (such as a warrant number);

(e)

where P was a former constable of the Civil Nuclear Constabulary at the time of the finding—

(i)

P’s rank when P was last a constable of the Civil Nuclear Constabulary;

(ii)

any number used when P was last a constable of the Civil Nuclear Constabulary to identify P as such (such as a warrant number);

(f)

where P was a civilian employee of the Authority at the time of the dismissal, any number used at that time to identify P as such;

(g)

where P was a former civilian employee of the Authority at the time of the finding, any number used when P was last a civilian employee of the Authority to identify P as such;

(h)

the reasons for the dismissal or finding, including (where applicable)—

(i)

a description of P’s conduct which led to the dismissal or finding;

(ii)

any provision of the Standards of Professional Behaviour breached by P;

(i)

the date of the dismissal or finding;

(j)

where the Authority was required to include P in the Civil Nuclear Constabulary advisory list under paragraph 10(2) or (3) of Schedule 25 (inclusion of persons in advisory list), that fact, the date P was added to the list and whether P resigned or retired.

(2)

In this regulation, “Standards of Professional Behaviour” has the meaning given in the Police (Conduct) Regulations 20207.

Chapter 2Removal from the barred list: further provision

Automatic removal following legal proceedings5.

Where neither of paragraphs 4 nor 5 of Schedule 25 applies (removal from barred list), the Authority must nonetheless remove a person (“P”) from the Civil Nuclear Constabulary barred list as soon as reasonably practicable where—

(a)

P is reinstated as a civilian employee of the Authority following the decision of any court or tribunal, or

(b)

the dismissal by virtue of which P was included in the list under paragraph 2(2)(a) or 3(2)(a) of Schedule 25 (dismissed persons) is found to have been an unfair dismissal by any court or tribunal.

Automatic removal after 12 months6.

The Authority must remove a person (“P”) from the Civil Nuclear Constabulary barred list as soon as reasonably practicable if—

(a)

P was included in the list under paragraph 2(2)(a) or 3(2)(a) of Schedule 25 (dismissed persons),

(b)

the reason for P’s dismissal related to P’s unsatisfactory performance (not amounting to gross incompetence) or unsatisfactory attendance, and

(c)

P has been included in the list for a period of 12 months beginning on the day on which P was included in the list.

Automatic removal on death7.

Where it comes to the attention of the Authority that a person who is included in the Civil Nuclear Constabulary barred list has died, the Authority must remove the person from the list as soon as reasonably practicable.

Removal on application of barred person8.

(1)

Paragraph (2) applies where a person (“P”) has been included in the Civil Nuclear Constabulary barred list for the relevant minimum period or longer.

(2)

P may apply to the Authority to be removed from the list if—

(a)

the application is P’s first application under this regulation, or

(b)

in any other case, the condition set out in paragraph (3) is met.

(3)

The condition in this paragraph is met if P makes the application—

(a)

on or after the date specified by the Authority under paragraph (7) when dismissing P’s most recent application, or

(b)

if no date was specified under paragraph (7), after the expiry of the relevant minimum period beginning with the date on which the Authority dismissed P’s most recent application.

(4)

An application under paragraph (2)—

(a)

must be made in the form and manner determined by the Authority;

(b)

may contain any information or be accompanied by any other documents that P considers relevant to the application.

(5)

If, on considering P’s application, the Authority is satisfied that it is appropriate for P to be removed from the list, the Authority must remove P as soon as reasonably practicable, otherwise the Authority must dismiss the application.

(6)

In determining whether it is appropriate for P to be removed from the list the Authority must have regard to—

(a)

the extent to which P has shown that P is suitable to be employed or otherwise appointed by a law enforcement employer8,

(b)

the circumstances of the dismissal, or which led to the finding, by virtue of which P was included in the list, and

(c)

the impact on public confidence in the police of removing P from the list.

(7)

If the Authority dismisses P’s application, the Authority may specify a date (being no later than the last day of the relevant minimum period beginning with the date on which the application is dismissed) before which no further application may be made by P under this regulation.

(8)

Before making a decision under paragraph (5) or (7), the Authority may request further representations, information or documents from P.

(9)

The Authority must give P notice of its decision on P’s application before the end of the period of five working days beginning with the day on which the decision is made.

(10)

In this regulation—

“relevant minimum period”—

(a)

where P was included in the Civil Nuclear Constabulary barred list under paragraph 2(2)(a) or 3(2)(a) of Schedule 25 (dismissed persons) and the reason for P’s dismissal (or one of the reasons for the dismissal) related to a finding that P’s performance constituted gross incompetence, means three years;

(b)

in any other case, means five years.

Chapter 3Publication of information about persons included in the barred list

Information to be published9.

(1)

This regulation applies in relation to a person (“P”) who is included in the Civil Nuclear Constabulary barred list under paragraph 2(2) of Schedule 25 (inclusion of constables) where—

(a)

in the case of inclusion in the barred list under paragraph 2(2)(a) of Schedule 25, P was dismissed at proceedings under provision made by the Authority relating to matters which are the subject of the Police (Conduct) Regulations 2020;

(b)

in the case of inclusion in the barred list under paragraph 2(2)(b) of Schedule 25, the finding by virtue of which P was included in the list was made at proceedings under provision made by the Authority relating to matters which are the subject of the Police (Conduct) Regulations 2020.

(2)

Subject to paragraph (4), the Authority must publish, in relation to P, the information mentioned in regulation 4(1)(a), (c), (d)(i), (e)(i), (h) and (i) (“the specified information”).

(3)

The information published under paragraph (2) must—

(a)

be published in such manner as the Authority considers appropriate,

(b)

be published no later than the last working day of the month following the month in which P was included in the barred list,

(c)

subject to regulation 10, remain published by the Authority for a period of five years beginning with the day on which it is first published, and

(d)

cease to be published by the Authority at the end of that period.

(4)

But the Authority must not publish any of the specified information in relation to P if to publish some or all of that information—

(a)

would be against the interests of national security,

(b)

might prejudice the investigation or prosecution of a criminal offence or any civil proceedings, or

(c)

would result in a significant risk of harm to any person (including P).

(5)

In determining whether paragraph (4) applies, the Authority must have regard to the extent to which (and manner in which) any of the specified information in relation to P has already been made available to the public.

(6)

If, after the Authority determines that it must not publish any of the specified information under paragraph (4), it becomes aware that the circumstances which led to that conclusion no longer apply, the Authority must publish the specified information under paragraph (2).

Review of publication10.

(1)

This regulation applies where the specified information in relation to a person (“P”) who is included in the Civil Nuclear Constabulary barred list is published by the Authority under regulation 9.

(2)

The Authority must consider any matter which comes to its attention (including by way of representations made in a written statement under provision equivalent to rule 26(7) of the Police Appeals Tribunals Rules 20209) which may be relevant to the question of whether the continued publication of some or all of the specified information in relation to P—

(a)

is against the interests of national security,

(b)

might prejudice the investigation or prosecution of a criminal offence or any civil proceedings, or

(c)

is resulting in a significant risk of harm to any person (including P).

(3)

If the Authority determines that continuing to publish some or all of the specified information in relation to P has any of the effects mentioned in paragraph (2), the Authority must cease to publish all of the specified information in relation to P.

(4)

Where the Authority is required to cease publishing the specified information under paragraph (3), it must do so before the end of the period of five working days beginning with the day on which it makes the determination under that paragraph.

(5)

If, after the Authority has ceased publishing the specified information under paragraph (3), it becomes aware that the circumstances which led to that determination no longer apply, the Authority must republish the specified information for the remainder of the required period.

(6)

If the Authority determines that continuing to publish the specified information would not have the effects described in paragraph (2) in a particular case, the Authority is not required to review that determination if there has been no material change in the circumstances which led to that determination.

(7)

If the Authority removes a person from the Civil Nuclear Constabulary barred list, the Authority must cease to publish all of the specified information in relation to P.

(8)

In this regulation—

“required period” means the period for which the Authority is required to publish the specified information under regulation 9(3)(c), ending no later than the end of the period of five years beginning with the day on which the information was first published by the Authority;

“specified information” has the meaning given in regulation 9(2).

Part 4Civil Nuclear Constabulary advisory list

Chapter 1Information to be included in relation to persons in the advisory list

Information to be included11.

The Authority must include in the Civil Nuclear Constabulary advisory list the following information in relation to each person (“P”) included in the list—

(a)

P’s full name;

(b)

P’s date of birth;

(c)

where Condition 1 in paragraph 10 of Schedule 25 (inclusion of persons in advisory list) is met in relation to P—

(i)

whether, at the time of resigning or retiring, P was a constable of the Civil Nuclear Constabulary or a civilian employee of the Authority;

(ii)

where P was a constable of the Civil Nuclear Constabulary at the time of resigning or retiring—

(aa)

P’s rank at that time;

(bb)

any number used at that time to identify P as such (such as a warrant number);

(iii)

where P was a civilian employee of the Authority at the time of resigning or retiring, any number used at that time to identify P as such;

(iv)

whether P resigned or retired;

(v)

the date P resigned or retired;

(vi)

a summary of the relevant allegation;

(vii)

in a case where disciplinary proceedings have been brought, the form of those proceedings;

(d)

where Condition 2 in paragraph 10 of Schedule 25 is met in relation to P—

(i)

P’s rank at the time of resigning or retiring;

(ii)

any number used at the time P resigned or retired to identify P as a constable of the Civil Nuclear Constabulary (such as a warrant number);

(iii)

whether P resigned or retired;

(iv)

the date P resigned or retired;

(v)

the date the relevant allegation about P came to the attention of the Authority;

(vi)

a summary of the relevant allegation;

(e)

the date that P’s details are included in the advisory list.

Chapter 2Removal from the advisory list: further provision

Automatic removal after 5 years12.

The Authority must remove a person (“P”) from the Civil Nuclear Constabulary advisory list as soon as reasonably practicable if—

(a)

the relevant allegation about P did not relate to P’s conduct, and

(b)

P has been included in the list for a period of five years beginning on the day on which P was included in the list.

Automatic removal on death13.

Where it comes to the attention of the Authority that a person who is included in the Civil Nuclear Constabulary advisory list has died, the Authority must remove the person from the list as soon as reasonably practicable.

Removal on application of listed person14.

(1)

Paragraph (2) applies where a person (“P”) has been included in the Civil Nuclear Constabulary advisory list for five years or more beginning on the day on which P was included in the list.

(2)

P may apply to the Authority to be removed from the list if—

(a)

the application is P’s first application under this regulation, or

(b)

the condition set out in paragraph (3) is met.

(3)

The condition in this paragraph is met if P makes the application—

(a)

on or after the date specified by the Authority under paragraph (6) when dismissing P’s most recent application, or

(b)

if no date was specified under paragraph (6), after the expiry of the five year period beginning with the date on which the Authority dismissed P’s most recent application.

(4)

An application under paragraph (2)—

(a)

must be made in the form and manner determined by the Authority;

(b)

may contain any information or be accompanied by any other documents that P considers relevant to the application.

(5)

If, on considering P’s application, the Authority is satisfied that it is appropriate for P to be removed from the list, the Authority must remove P from the list as soon as reasonably practicable, otherwise the Authority must dismiss the application.

(6)

If the Authority dismisses P’s application, the Authority may specify a date (being no later than the last day of the period of five years beginning with the day on which the application is dismissed) before which no further application may be made by P under this regulation.

(7)

Before making a decision under paragraph (5) or (6), the Authority may request further representations, information or documents from P.

(8)

The Authority must give P notice of its decision on P’s application before the end of the period of five working days beginning with the day on which the decision is made.

Vallance
Minister of State
Department for Energy Security and Net Zero 
Explanatory Note
(This note is not part of the Regulations)

Schedule 25 to the Crime and Policing Act 2026 (c. 20) (Special police forces: barred person lists and advisory lists) requires the Civil Nuclear Police Authority (“the Authority”) to maintain a “barred persons list” and an “advisory list” (as defined in paragraph 14 of that Schedule). These Regulations make provision relating to the operation of those lists.

Part 2 (Former civilian employees: relevant proceedings) defines the term “disciplinary proceedings” (regulation 2) in relation to civilian employees of the Authority, for purposes of the use of that term in Schedule 25 (and, as a consequence, these Regulations) and identifies what constitute “appeal proceedings” (regulation 3) for purposes of paragraph 5(1)(b) of Schedule 25 (removal of civilian employees from barred list).

Part 3 (Civil Nuclear Constabulary barred list) specifies the information the Authority must include in the Civil Nuclear Constabulary barred list (regulation 4), makes provision for additional circumstances in which the Authority must remove persons from the barred list (regulations 5 to 8) and makes provision about the information the Authority must publish about persons in the list (regulations 9 and 10).

Part 4 of the Regulations (Civil Nuclear Constabulary advisory list) specifies the information the Authority must include in the Civil Nuclear Constabulary advisory list (regulation 11) and makes provision for additional circumstances in which the Authority must remove persons from the advisory list (regulations 12 to 14).

A full impact assessment has not been produced for these Regulations as no, or no significant, impact on the private, voluntary or public sector is foreseen.