Explanatory note

These Regulations make provision for the vetting of police officers. They require every police officer to hold and maintain vetting clearance. They also establish a procedure for withdrawing vetting clearance where there is evidence that a police officer may no longer be suitable to hold it. The Regulations are connected to the Police (Performance) Regulations 2020 (S.I. 2020/3), which concern unsatisfactory performance or attendance or gross incompetence, and the Police (Conduct) Regulations 2020 (S.I. 2020/4), which concern internal conduct matters.

Part 1 contains preliminary provisions, including interpretive provisions. The term “vetting clearance” is defined as the level of police vetting clearance that a police officer requires to perform the duties of their particular role.

Part 2 deals with vetting clearance generally. Regulation 5 sets out the duty for every police officer to hold and maintain vetting clearance. Regulation 6 provides for the termination of a police officer’s vetting clearance at the point at which they cease to be a police officer. Regulation 7 establishes a duty for chief officers and local policing bodies to keep a record of applications for vetting clearance from police officers.

Part 3 deals with withdrawal assessments generally, including such matters as legal representation and the provision of notices. Regulation 13 allows a vetting authority to suspend a police officer under the Regulations where certain conditions are met.

Part 4 deals with the procedure for withdrawal assessments. Regulation 15 provides for the vetting authority to make a vetting severity assessment in relation to the matter that has come to its attention. Regulation 16 requires the vetting authority to appoint an assessor where the vetting severity assessment indicates that a withdrawal assessment must be carried out. Regulation 19 provides that the officer concerned may make representations to the assessor and regulation 20 provides that the assessor may require the officer concerned to attend an interview. Regulation 24 provides for the vetting authority to decide the outcome of the withdrawal assessment once the assessor has made their final written report and recommendation. If a police officer has their vetting clearance withdrawn then they must be dismissed without notice. In those circumstances, regulation 26 provides that the officer may appeal to a panel of three persons with the power to confirm or reverse the decision appealed against.

Part 5 amends the Police Appeals Tribunals Rules 2020 (S.I. 2020/1) to ensure that a police officer who is dismissed under these Regulations has a right of appeal to a police appeals tribunal.

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