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The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025

S.I. 2025/558 · Made 6 May 2025

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POLICE, ENGLAND AND WALES

Made 6th May 2025

Laid before Parliament 7th May 2025

Coming into force 28th May 2025

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 50(1), (2)(c), (e) and (f), (3), (3A), (4) and (7), 51(1), (2)(ba) and (c), (2A), (2B), (3A) and (4) and 85(3) of the Police Act 1996f1, section 23(1) and (2) of the Police Reform Act 2002f2 and section 29(7) of the Policing and Crime Act 2017f3.

In accordance with sections 50(2ZC) and 51(2ZD) of the Police Act 1996f4, and in so far as these Regulations relate to matters specified in those sections, the text of these Regulations has been approved by the College of Policing.

In accordance with section 63(3)(a) of the Police Act 1996f5, the Secretary of State has supplied the Police Advisory Board for England and Wales with a draft of these Regulations and has taken into consideration the representations made by that Board before making these Regulations.

In accordance with section 24 of the Police Reform Act 2002f6, the Secretary of State has consulted with the Office, the Director Generalf7, such persons as appear to the Secretary of State to represent the views of police and crime commissioners, the Mayor’s Office for Policing and Crime, the Common Council, the National Police Chiefs’ Councilf8 and such other persons as the Secretary of State thinks fit.

Annotations to the whole text

Footnotes

f1

1996 c. 16. Section 50(3) was substituted by paragraph 3(2) of Schedule 22 to the Criminal Justice and Immigration Act 2008 (c. 4) (“the 2008 Act”). Section 50(3A) was inserted by section 29(2) of the Policing and Crime Act 2017 (c. 3) (“the 2017 Act”) and amended by paragraph 65 of Schedule 9 to the 2017 Act. Section 50(4) was amended by paragraph 3(3) of Schedule 22 to the 2008 Act and paragraph 32 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13) (“the 2011 Act”). Section 51(2)(ba) was inserted by section 35 of the Police Reform Act 2002 (c. 30) (“the 2002 Act”) and amended by paragraph 4(2) of Schedule 22 to the 2008 Act. Section 51(2A) was inserted by paragraph 4(3) of Schedule 22 to the 2008 Act. Section 51(2B) was inserted by section 29(3) of the 2017 Act and amended by paragraph 65 of Schedule 9 to the 2017 Act. Section 51(3A) was inserted by section 128(1) of the Police Act 1997 (c. 50) and amended by paragraph 33 of Schedule 16 to the 2011 Act.

f2

2002 c. 30. Section 23(2) was amended by paragraph 9 of Schedule 12 to the Serious Organised Crime and Police Act 2005 (c. 15) (“the 2005 Act”), paragraph 2 of Schedule 23 to the 2008 Act, paragraph 288 of Schedule 16 to the 2011 Act and section 23(1) of, and paragraph 5 of Schedule 4, paragraph 47 of Schedule 5 and paragraphs 15 and 31 of Schedule 9 to, the 2017 Act.

f3

2017 c. 3.

f4

Section 50(2ZC) was inserted by section 123(1) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) (“the 2014 Act”) and amended by section 48(6) of the 2017 Act. Section 51(2ZD) was inserted by section 123(2) of the 2014 Act. Section 123 of the 2014 Act was the subject of a correction slip published on 4th August 2014.

f5

Section 63(3) was substituted by paragraph 78(3) of Schedule 4 to the 2005 Act. Relevant amendments to section 63(3) were made by paragraph 6(2) of Schedule 22 to the 2008 Act, section 10(3)(b) of the Policing and Crime Act 2009 (c. 26) and sections 123(4) and 133(2) of the 2014 Act.

f6

Section 24 was amended by paragraph 12 of Schedule 4 to the Police and Justice Act 2006 (c. 40), paragraphs 277 and 289 of Schedule 16 to the 2011 Act and paragraphs 15 and 32 of Schedule 9, and paragraphs 6 and 7 of Schedule 14, to the 2017 Act.

f7

Section 29(1) of the 2002 Act defines “the Office” and “the Director General”. The definitions were inserted by paragraph 40(2) of Schedule 9 to the 2017 Act.

f8

Section 101(1) of the Police Act 1996 defines “police and crime commissioner”, “Mayor’s Office for Policing and Crime”, “Common Council” and “the National Police Chiefs’ Council”. The definitions were inserted by section 96(2) of the 2011 Act and paragraph 1(3) of Schedule 14 to the 2017 Act.

Contents

  1. Part 1: Introductory provisions
  2. 1Citation, commencement and extent
  3. Part 2: Amendment of the Police Regulations 2003
  4. 2Amendment of the Police Regulations 2003
  5. 3Amendment to regulation 12 (probationary service)
  6. 4Amendments to regulation 13 (discharge of probationer)
  7. Part 3: Amendment of the Police (Conduct) Regulations 2020
  8. 5Amendment of the Police (Conduct) Regulations 2020
  9. 6Amendments to regulation 2 (interpretation and delegation)
  10. 7Amendment to regulation 4 (application)
  11. 8Amendments to regulation 9 (provision of notices or documents)
  12. 9Amendments to regulation 14 (severity assessment)
  13. 10Amendment to regulation 15 (appointment of investigator)
  14. 11Amendments to regulation 21 (report of investigation)
  15. 12Amendment to regulation 23 (referral of case to misconduct proceedings)
  16. 13Amendments to regulation 27 (withdrawal of misconduct proceedings)
  17. 14Amendment to regulation 28 (persons conducting misconduct proceedings)
  18. 15Amendments to regulation 42 (outcome of misconduct proceedings)
  19. 16Amendment to regulation 49 (referral of case to accelerated misconduct hearing)
  20. 17Amendments to regulation 62 (outcome of accelerated misconduct hearing)
  21. Part 4: Amendment of the Police (Performance) Regulations 2020
  22. 18Amendment of the Police (Performance) Regulations 2020
  23. 19Amendment to regulation 4 (interpretation and delegation)
  24. 20Amendments to regulation 6 (legal and other representation)
  25. 21Amendments to regulation 7 (provision of notices or documents)
  26. 22Amendments to regulation 8 (procedure at meetings under these Regulations)
  27. 23Amendments to regulation 9 (nominated persons)
  28. 24Amendments to regulation 10 (reference to certain periods)
  29. 25Amendment to regulation 11 (suspension of certain periods)
  30. 26Amendments to regulation 12 (meeting following investigation under Schedule 3 to the 2002 Act)
  31. 27Amendment to regulation 13 (provision of information to the Director General)
  32. 28Amendments to regulation 14 (meeting following referral under the Conduct Regulations)
  33. 29Amendment to regulation 16 (arrangement of first stage meeting)
  34. 30Amendments to regulation 17 (procedure at first stage meeting)
  35. 31Amendment to regulation 18 (procedure following first stage meeting)
  36. 32Amendments to regulation 19 (appeal against the finding and outcome of a first stage meeting)
  37. 33Amendments to regulation 20 (arrangement of first stage appeal meeting)
  38. 34Amendments to regulation 21 (procedure at first stage appeal meeting)
  39. 35Omission of Part 4 (second stage)
  40. 36Amendment to heading to Part 5 (third stage)
  41. 37Amendments to regulation 30 (assessment following second stage meeting)
  42. 38Amendments to regulation 31 (arrangement of a third stage meeting)
  43. 39Amendments to regulation 32 (circumstances in which a third stage meeting may be required without a prior first or second stage meeting)
  44. 40Amendments to regulation 33 (arrangement of a third stage meeting without a prior first or second stage meeting)
  45. 41Amendments to regulation 34 (appointment of panel members)
  46. 42Amendments to regulation 36 (procedure on receipt of notice of third stage meeting)
  47. 43Amendments to regulation 37 (witnesses)
  48. 44Amendments to regulation 38 (timing and notice of third stage meeting)
  49. 45Amendments to regulation 39 (postponement and adjournment of a third stage meeting)
  50. 46Amendments to regulation 40 (participation of Director General and investigator at third stage meeting)
  51. 47Amendments to regulation 41 (attendance of complainant or interested person at third stage meeting)
  52. 48Amendments to regulation 42 (attendance of others at a third stage meeting)
  53. 49Amendments to regulation 43 (exclusion from a third stage meeting)
  54. 50Amendments to regulation 44 (procedure at a third stage meeting)
  55. 51Amendment to regulation 45 (finding)
  56. 52Amendments to regulation 46 (outcomes)
  57. 53Omission of regulation 47 (assessment of performance or attendance following third stage meeting where a written improvement notice has been issued)
  58. 54Amendments to regulation 48 (assessment of performance or attendance following third stage meeting where a final written improvement notice has been issued or extended)
  59. 55Amendments to regulation 49 (third stage meeting under regulation 48)
  60. Part 5: Amendment of the Police (Complaints and Misconduct) Regulations 2020
  61. 56Amendment of the Police (Complaints and Misconduct) Regulations 2020
  62. 57Amendment to regulation 17 (special procedure: notification of severity assessment etc.)
  63. 58Amendment to regulation 19 (special procedure: revision of severity assessment)
  64. 59Amendments to regulation 26 (accelerated procedure: other investigations)
  65. 60Amendment to regulation 51 (manner and time limit of notifications under these Regulations)
  66. Part 6: Amendment of the Police Appeals Tribunals Rules 2020
  67. 61Amendment of the Police Appeals Tribunals Rules 2020
  68. 62Amendment to rule 3 (interpretation and general provision as to written notices or documents)
  69. 63Amendments to rule 5 (circumstances in which a police officer may appeal to a tribunal – Performance Regulations)
  70. Part 7: Transitional provisions
  71. 64Transitional provisions: amendments to the Police (Conduct) Regulations 2020
  72. 65Transitional provisions: amendments to the Police (Performance) Regulations 2020 and the Police Appeals Tribunals Rules 2020
  73. 66Transitional provisions: amendments to the Police (Complaints and Misconduct) Regulations 2020
  74. 67Interpretation of Part 7
  75. Signature
  76. Schedule: Amendment of Schedule 1 to the Police (Conduct) Regulations 2020
  77. 1Amendment of Schedule 1 to the Police (Conduct) Regulations 2020 (modifications to these Regulations in their application to former officers)
  78. 2Amendments to paragraph 1 (modification to regulation 2)
  79. 3Insertion of paragraphs 14A (modification: insertion of Part 3A) and 14B (modification: insertion of regulation 21G)
  80. 4Substitution of paragraph 16 (modification to regulation 23)
  81. 5Insertion of paragraph 34A
  82. 6Substitution of paragraph 36 (modification to regulation 49)
  83. 7Insertion of paragraph 36ZA (modification to regulation 50)
  84. 8Amendment to paragraph 36A (modification to regulation 51)
  85. 9Insertion of paragraphs 36B and 36C (modification to regulations 52 and 54)
  86. 10Insertion of paragraph 37A (modification to regulation 56)
  87. 11Amendment to paragraph 38 (modification to regulation 61)
  88. Explanatory note