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The Ministry of Defence Police (Conduct etc. ) Regulations 2015

S.I. 2015/25 · Made 11 January 2015 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 2 November 2020.

Police

Made 11th January 2015

Laid before Parliament 19th January 2015

Coming into force 23rd February 2015

The Secretary of State, in exercise of the powers conferred by sections 3A, 4(1) to (4) and (6) and 4A of the Ministry of Defence Police Act 1987f1, makes the following Regulations:

Annotations to the whole text

Textual amendments

F1

Regulations revoked (2.11.2020) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020 (S.I. 2020/1087), regs. 1, 6(1)(a) (with reg. 6(2))

Footnotes

f1

1987 c. 4. Section 3A was inserted by section 79(1) of the Police Reform Act 2002 (c. 30) and amended by section 126(2) and paragraphs 12 and 14 of Schedule 22 to the Criminal Justice and Immigration Act 2008 (c. 4) and section 6 of the Armed Forces Act 2011 (c. 18); section 4 was substituted by paragraphs 12 and 15 of Schedule 22 to the Criminal Justice and Immigration Act 2008; section 4A was substituted by paragraphs 12 and 15 of Schedule 22 to the Criminal Justice and Immigration Act 2008 and amended by paragraphs 20(1) and (6) of Part 1 of Schedule 2 to the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602).

Contents

  1. Part 1: Preliminary
  2. 1Citation and commencement
  3. 2Revocation and transitional provisions
  4. 3Interpretation
  5. 4The harm test
  6. 5Conduct matters
  7. 6Disciplinary action
  8. 7Written warnings
  9. 8Delegation
  10. Part 2: General
  11. 9Application
  12. 10Police friend and legal representation
  13. 11Legal and other representation for the relevant authority
  14. 12Provision of notices or documents
  15. 13Outstanding or possible criminal proceedings
  16. 14Suspension
  17. Part 3: Investigations
  18. 15Application of this Part
  19. 16Assessment of conduct
  20. 17Appointment of investigator
  21. 18Investigation
  22. 19Written notice of investigation
  23. 20Representations to the investigator
  24. 21Interviews during investigation
  25. 22Report of investigation
  26. Part 4: Misconduct Proceedings
  27. 23Referral of case to misconduct proceedings
  28. 24Withdrawal of case
  29. 24ANational security: power to give directions in relation to misconduct hearings
  30. 25Notice of referral to misconduct proceedings and panel membership
  31. 26Procedure on receipt of notice
  32. 27Witnesses
  33. 28Timing and notice of misconduct proceedings
  34. 29Persons conducting misconduct proceedings: officers other than senior officers
  35. 30Persons conducting misconduct proceedings: senior officers
  36. 30ANotification of misconduct hearings
  37. 31Documents to be supplied
  38. 32Attendance of officer concerned at misconduct proceedings
  39. 33Participation of Director General or Ombudsman and investigator at misconduct proceedings
  40. 34Attendance of complainant or interested person at misconduct proceedings
  41. 35Attendance of others at misconduct proceedings
  42. 36Exclusion from misconduct proceedings
  43. 37Procedure at misconduct proceedings
  44. 38Senior officers: further meeting or further hearing of MOD Police Committee to consider disciplinary action
  45. 39Outcome of misconduct proceedings
  46. 40Notification of outcome
  47. 40APublication of information in relation to outcome
  48. 41Record of misconduct proceedings
  49. 42Appeal from misconduct meeting: officers other than senior officers
  50. 43Appeal meeting
  51. 44Procedure and finding of the appeal
  52. Part 5: Fast Track Procedure for Special Cases
  53. 45Referral of case to special case hearing
  54. 45ANational security: power to give directions in relation to special case hearings
  55. 46Notice of referral to special case hearing
  56. 47Remission of case
  57. 48Notice of special case hearing
  58. 49Procedure on receipt of notice of special case hearing
  59. 50Person conducting special case hearing: officers other than senior officers
  60. 51Persons conducting special case hearing: senior officers
  61. 52Documents to be supplied
  62. 52ANotification of special case hearings
  63. 53Attendance of officer concerned at special case hearing
  64. 54Participation of Director General or the Ombudsman and investigator at special case hearing
  65. 55Attendance of complainant and interested persons at special case hearing Repealed
  66. 56Attendance of others at special case hearing
  67. 57Procedure at special case hearing
  68. 58Senior officers: further hearing of MOD Police Committee to consider disciplinary action
  69. 59Outcome of special case hearing
  70. 60Notification of outcome
  71. 60APublication of information in relation to outcome
  72. 61Record of special case hearing
  73. Part 6: Record Keeping
  74. 62Record of disciplinary proceedings
  75. Part 7: Amendments
  76. 63Amendment of the Appeal Regulations
  77. 64Amendment of the Performance Regulations Repealed
  78. Signature
  79. Schedule 1Standards of Professional Behaviour
  80. Schedule 1A: Modifications to these Regulations in their application to former MDP officers
  81. 1Modification to regulation 3 (interpretation)
  82. 2Modification to regulation 4 (harm test)
  83. 3Modifications: omission of regulations 6 (disciplinary action) and 7 (written warnings)
  84. 4Modification to regulation 10 (police friend and legal representation)
  85. 5Modification to regulation 11 (legal and other representation for the relevant authority)
  86. 6Modification to regulation 12 (provision of notices or documents)
  87. 7Modification: omission of regulation 14 (suspension)
  88. 8Modification to regulation 15 (application of Part 3)
  89. 9Modification to regulation 16 (assessment of conduct)
  90. 10Modification to regulation 17 (appointment of investigator)
  91. 11Modification to regulation 18 (investigation)
  92. 12Modification to regulation 19 (written notice of investigation)
  93. 13Modification to regulation 21 (interviews during investigations)
  94. 14Modification: insertion of regulation 21A
  95. 15Modification to regulation 22 (report of investigation)
  96. 16Modification: insertion of Part 3A
  97. 17Modification to regulation 23 (referral of case to misconduct proceedings)
  98. 18Modification to regulation 24 (withdrawal of case)
  99. 19Modification to regulation 25 (notice of referral to misconduct proceedings and panel membership)
  100. 20Modification to regulation 26 (procedure on receipt of notice)
  101. 21Modification to regulation 27 (witnesses)
  102. 22Modification to regulation 28 (timing and notice of misconduct proceedings)
  103. 23Modification to regulation 29 (persons conducting misconduct proceedings: officers other than senior officers)
  104. 24Modification to regulation 30 (persons conducting misconduct proceedings: senior officers)
  105. 25Modification to regulation 30A (notification of misconduct hearings)
  106. 26Modification to regulation 31 (documents to be supplied)
  107. 27Modification to regulation 32 (attendance of officer concerned at misconduct proceedings)
  108. 28Modification to regulation 33 (participation of Director General or Ombudsman and investigator at misconduct proceedings)
  109. 29Modification to regulation 34 (attendance of complainant or interested person at misconduct proceedings)
  110. 30Modification to regulation 35 (attendance of others at misconduct proceedings)
  111. 31Modification to regulation 36 (exclusion from misconduct proceedings)
  112. 32Modification to regulation 37 (procedure at misconduct proceedings)
  113. 33Modification to regulation 38 (senior officers: further meeting or further hearing of MOD Police Committee to consider disciplinary action)
  114. 34Modification to regulation 39 (outcome of misconduct proceedings)
  115. 35Modification to regulation 40 (notification of outcome)
  116. 36Modification to regulation 40A (publication of information in relation to outcome)
  117. 37Modification to regulation 41 (record of misconduct proceedings)
  118. 38Modifications: omission of regulations 42 (appeal from misconduct meeting: officers other than senior officers), 43 (appeal meeting) and 44 (procedure and finding of the appeal)
  119. 39Modification to regulation 45 (referral of case to special case hearing)
  120. 40Modification to regulation 46 (notice of referral to special case hearing)
  121. 41Modification to regulation 47 (remission of case)
  122. 42Modification to regulation 50 (person conducting special case hearing: officers other than senior officers)
  123. 43Modification to regulation 51 (persons conducting special case hearing: senior officers)
  124. 44Modification to regulation 57 (procedure at special case hearing)
  125. 45Modification to regulation 58 (senior officers: further hearing of MOD Police Committee to consider disciplinary action)
  126. 46Modification to regulation 59 (outcome of special case hearing)
  127. 47Modification to regulation 60 (notification of outcome)
  128. Schedule 2: Amendments of the Appeal Regulations
  129. 1Interpretation
  130. 2Amendments in relation to interpretation
  131. 3Amendment to circumstances in which an appeal may be made to a tribunal
  132. 4Amendment in relation to appeals against a finding etc under the Performance Regulations
  133. 5Amendments in relation to appointment and composition of police appeals tribunal
  134. 6Amendment in relation to procedure on notice of appeal
  135. 7Amendment in relation to notice of the hearing
  136. 8Amendment in relation to legal and other representation
  137. 9Amendment in relation to attendance of complainant at hearing
  138. 10Amendments in relation to tribunal’s determination
  139. Schedule 3: Amendments of the Performance Regulations Repealed
  140. 1Amendment in relation to application Repealed
  141. 2Amendments in relation to interpretation and delegation Repealed
  142. 3Amendment in relation to suspension of certain periods Repealed
  143. 4New provisions in relation to the Commission Repealed
  144. 5Amendment in relation to arrangement of first stage meeting Repealed
  145. 6Amendments in relation to requiring a third stage meeting without prior first or second stage meeting Repealed
  146. 7Amendments in relation to arranging a third stage meeting without prior first or second stage meeting Repealed
  147. 8Amendment in relation to timing and notice of third stage meeting Repealed
  148. 9Amendment in relation to postponement and adjournment of third stage meeting Repealed
  149. 10New provisions in relation to attendance and participation at third stage meetings Repealed
  150. 11Procedure at third stage meeting Repealed
  151. 12Amendment in relation to outcomes Repealed
  152. Explanatory note