# The Ministry of Defence Police (Conduct) Regulations 2009, Regulation 40: Appeal meeting


(1) This regulation applies where the officer concerned requests a meeting in the written notice of appeal under regulation 38(3).
(2) The person determining the appeal shall determine whether the notice of appeal sets out arguable grounds of appeal and—
(a) if it does, that person shall hold an appeal meeting with the officer concerned, subject to paragraphs (3) and (5), before the end of 5 working days beginning with the first working day after that determination; or
(b) if it does not, that person shall dismiss the appeal.
(3) The person determining the appeal may extend the time period specified in paragraph (2)(a) where that person considers that it would be in the interests of justice to do so.
(4) The person determining the appeal shall specify a date and time for the appeal meeting.
(5) Where—
(a) the officer concerned or the police friend will not be available at that date and time; and
(b) the officer concerned proposes an alternative date and time which satisfies subsection (6),
the appeal meeting shall be postponed to the date and time proposed by the officer concerned.
(6) An alternative date and time must—
(a) be reasonable; and
(b) fall before the end of 5 working days beginning with the first working day after the day specified by the person determining the appeal.
(7) Written notice of the date, time and place of the appeal meeting shall be given to—
(a) the officer concerned;
(b) where the misconduct meeting arose from a complaint which was certified as subject to special requirements under paragraph 19B(1) of Schedule 3 to the 2002 Act (assessment of seriousness of conduct), the complainant; and
(c) where the misconduct meeting arose from a conduct matter to which, in relation to England and Wales paragraph 16, 17, 18 or 19 of Schedule 3 to the 2002 Act (investigations) applied, or in relation to Northern Ireland section 54, 56 or 57 of the 1998 Act applied, any interested person.
(8) Prior to the appeal meeting the appropriate authority shall supply the person determining the appeal with a copy of—
(a) the documents given to the person who held the misconduct meeting as specified in regulation 28(1);
(b) the notice of appeal given by the officer concerned under regulation 38(3);
(c) the record of the misconduct meeting taken under regulation 37(1); and
(d) any evidence of a kind referred to in regulation 38(2)(b) that the officer concerned wishes to submit in support of the appeal.

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Source: https://www.legislation.gov.uk/ukdsi/2009/9780111486238/regulation/40 (the official version)
Page: https://openlegislation.uk/draft-ministry-of-defence-police-conduct-regulations-2009/regulation-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.