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Statutory Instruments

2018 No. 1119

Police

The Ministry of Defence Police (Conduct and Appeals Tribunals) (Amendment) Regulations 2018

Made

29th October 2018

Laid before Parliament

31st October 2018

Coming into force

1st December 2018

The Secretary of State, in exercise of the powers conferred by sections 3A(1) to (3), 4(1) to (5) and 4A(1) to (4) and (7) of the Ministry of Defence Police Act 1987 , makes the following Regulations.

PART 1 General

Citation, commencement and interpretation

1. β€”(1) These Regulations may be cited as the Ministry of Defence Police (Conduct and Appeals Tribunals) (Amendment) Regulations 2018 and come into force on 1st December 2018.

(2) In these Regulationsβ€”

β€œ the 1987 Act ” means the Ministry of Defence Police Act 1987;

β€œ the 2009 Regulations ” means the Ministry of Defence Police Appeals Tribunals Regulations 2009 ;

β€œ the Conduct Regulations ” means the Ministry of Defence Police (Conduct etc.) Regulations 2015 .

PART 2 Amendment of the Conduct Regulations

Amendment of the Conduct Regulations

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 3 (interpretation)

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 4 (the harm test)

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 9 (application)

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 15 (application of Part 3)

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 24A (national security: power to give directions in relation to misconduct hearings)

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 33 (participation of Director General or Ombudsman and investigator at misconduct proceedings)

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 35 (attendance of others at misconduct proceedings)

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 38 (senior officers: further meeting or further hearing of MOD Police Committee to consider disciplinary action)

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 39 (outcome of misconduct proceedings)

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 45A (national security: power to give directions in relation to special case hearings)

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Substitution of regulation 46 (notice of referral to special case hearing)

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 48 (notice of special case hearing)

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 49 (procedure on receipt of notice of special case hearing)

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 52 (documents to be supplied)

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 54 (participation of Director General or the Ombudsman and investigator at special case hearing

18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 56 (attendance of others at special case hearing)

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 57 (procedure at special case hearing)

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 58 (senior officers: further hearing of MOD Police Committee to consider disciplinary action)

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

New Schedule

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 Amendment of the 2009 Regulations

Amendment of the 2009 Regulations

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 3 (interpretation)

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

New regulation 4B

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 5 (appointment and composition of police appeals tribunal)

26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 6 (notice of appeal)

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 7

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 8 (the respondent)

29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 9 (procedure on notice of appeal)

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 14 (notice of the hearing)

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 18 (attendance at hearing)

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 22 (tribunal's determination)

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tobias Ellwood

Parliamentary Under Secretary of State

Ministry of Defence

Regulation 22

SCHEDULE Modifications to the Conduct Regulations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Status: There are currently no known outstanding effects for the The Ministry of Defence Police (Conduct and Appeals Tribunals) (Amendment) Regulations 2018.
The Ministry of Defence Police (Conduct and Appeals Tribunals) (Amendment) Regulations 2018 (2018/1119)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Regs. 2-22 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)(c) (with reg. 6(2) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1Regs. 2-22 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)(c) (with reg. 6(2) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1Regs. 2-22 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)(c) (with reg. 6(2) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1Regs. 2-22 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)(c) (with reg. 6(2) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1Regs. 2-22 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)(c) (with reg. 6(2) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1Regs. 2-22 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)(c) (with reg. 6(2) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1Regs. 2-22 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)(c) (with reg. 6(2) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1Regs. 2-22 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)(c) (with reg. 6(2) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1Regs. 2-22 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)(c) (with reg. 6(2) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1Regs. 2-22 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)(c) (with reg. 6(2) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1Regs. 2-22 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)(c) (with reg. 6(2) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1Regs. 2-22 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)(c) (with reg. 6(2) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1Regs. 2-22 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)(c) (with reg. 6(2) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1Regs. 2-22 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)(c) (with reg. 6(2) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1Regs. 2-22 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)(c) (with reg. 6(2) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1Regs. 2-22 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)(c) (with reg. 6(2) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1Regs. 2-22 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)(c) (with reg. 6(2) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1Regs. 2-22 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)(c) (with reg. 6(2) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1Regs. 2-22 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)(c) (with reg. 6(2) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1Regs. 2-22 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)(c) (with reg. 6(2) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1Regs. 2-22 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)(c) (with reg. 6(2) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2Regs. 23-34 revoked (2.11.2020) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020 (S.I. 2020/1087) , regs. 1 , 6(5)(c) (with reg. 6(6) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2Regs. 23-34 revoked (2.11.2020) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020 (S.I. 2020/1087) , regs. 1 , 6(5)(c) (with reg. 6(6) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2Regs. 23-34 revoked (2.11.2020) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020 (S.I. 2020/1087) , regs. 1 , 6(5)(c) (with reg. 6(6) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2Regs. 23-34 revoked (2.11.2020) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020 (S.I. 2020/1087) , regs. 1 , 6(5)(c) (with reg. 6(6) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2Regs. 23-34 revoked (2.11.2020) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020 (S.I. 2020/1087) , regs. 1 , 6(5)(c) (with reg. 6(6) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2Regs. 23-34 revoked (2.11.2020) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020 (S.I. 2020/1087) , regs. 1 , 6(5)(c) (with reg. 6(6) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2Regs. 23-34 revoked (2.11.2020) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020 (S.I. 2020/1087) , regs. 1 , 6(5)(c) (with reg. 6(6) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2Regs. 23-34 revoked (2.11.2020) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020 (S.I. 2020/1087) , regs. 1 , 6(5)(c) (with reg. 6(6) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2Regs. 23-34 revoked (2.11.2020) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020 (S.I. 2020/1087) , regs. 1 , 6(5)(c) (with reg. 6(6) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2Regs. 23-34 revoked (2.11.2020) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020 (S.I. 2020/1087) , regs. 1 , 6(5)(c) (with reg. 6(6) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2Regs. 23-34 revoked (2.11.2020) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020 (S.I. 2020/1087) , regs. 1 , 6(5)(c) (with reg. 6(6) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2Regs. 23-34 revoked (2.11.2020) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020 (S.I. 2020/1087) , regs. 1 , 6(5)(c) (with reg. 6(6) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F3Sch. 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)(c) (with reg. 6(2) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
M11987 c. 4 . Section 3A was inserted by section 79(1) of the Police Reform Act 2002 (2002 c. 30) . Subsections (1) and (1A) of that section were substituted for subsection (1) as originally enacted by paragraph 14(2) of Schedule 22 to, the Criminal Justice and Immigration Act 2008 (2008 c. 4) (β€œ the 2008 Act ”) and subsequently amended by section 6 of the Armed Forces Act 2011 (2011 c. 18) . Subsections (1B) to (1H) were inserted by paragraph 2(2) of Schedule 7 to the Policing and Crime Act 2017 (2017 c. 3) (β€œ the 2017 Act ”) and subsection (1B) was subsequently amended by paragraph 63(2) of Schedule 9 to the 2017 Act. Subsection (2) was substituted by paragraph 14(3) of Schedule 22 to the 2008 Act and subsequently amended by paragraph 2(1) and (3) of Schedule 7 to the 2017 Act. Section 4 was substituted by paragraph 15 of Schedule 22 to the 2008 Act. Subsection (4) of that section was amended by paragraph 3(a) and (b) of Schedule 7 to the 2017 Act. Subsection (5) was amended by paragraph 63(3) of Schedule 9 to the 2017 Act. Section 4A was inserted by section 79(2) of the Police Reform Act 2002 (2002 c. 30) and subsequently substituted by paragraph 16 of Schedule 22 to the 2008 Act. Subsection (1) of that section was amended by paragraph 4 of Schedule 7 to the 2017 Act and by paragraph 20(6) of Schedule 2 to S.I. 2013/602 .
M2S.I. 2009/3070 , amended by S.I. 2017/84 .
M3S.I. 2015/25 , amended by S.I. 2017/84 .
Defined TermSection/ArticleIDScope of Application
the 1987 Actreg. 1. of PART 1legTerm4DLQHQ8u
the 2009 Regulationsreg. 1. of PART 1legTermd2dNx03A
the Conduct Regulationsreg. 1. of PART 1legTerm15qA9T7V

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.