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

New provisions in relation to the Commission

4.  After regulation 11 of the Performance Regulations insert—

“Meeting following investigation by the Commission

11A.— (1) Where an appropriate authority—

(a) either—

(i) receives an investigator’s written report made under external procedures; and

(ii) in making the determination under regulation 23(1) of the Conduct Regulations considers that there is no case to answer but the performance or attendance of the officer concerned is unsatisfactory, or

(b) accepts a recommendation from the Commission that the performance or attendance of a police officer is unsatisfactory,

the appropriate authority must direct the line manager for that officer to take the action specified in paragraph (2), (3) or (4).

(2) In a case where—

(a) the officer concerned has received a final written improvement notice under regulation 22(3) or 38(3)(e) in relation to unsatisfactory performance or attendance which is similar to or connected with the unsatisfactory performance or attendance to which the determination mentioned in paragraph (1)(a) or the recommendation mentioned in (1)(b) relates, and

(b) the validity period of the final written improvement notice, within the meaning of regulation 22(4) or 38(6)(d) or (7)(c) has not expired,

the specified action is that the line manager must require the officer to attend a third stage meeting.

(3) In a case where—

(a) the officer concerned has received a written improvement notice under regulation 15(1)(b) or 38(5) in relation to unsatisfactory performance or attendance which is similar to or connected with the unsatisfactory performance or attendance to which the determination mentioned in paragraph (1)(a) or the recommendation mentioned in (1)(b) relates, and

(b) the validity period of the written improvement notice, within the meaning of regulation 15(4) or 38(6)(d) has not expired,

the specified action is that the line manager must require the officer to attend a second stage meeting.

(4) In any other case, the specified action is that the line manager must require the officer concerned to attend a first stage meeting.

(5) The line manager must comply with a direction given under paragraph (1).

(6) Subject to paragraphs (7) and (8), where a police officer is required to attend a meeting under this regulation—

(a) if the meeting is a first stage meeting, regulations 13 to 18 apply;

(b) if the meeting is a second stage meeting, regulations 20 to 25 apply;

(c) if the meeting is a third stage meeting, regulations 27, 30 to 35 and 35A to 36D apply.

(7) The duty to provide documents in regulation 13(2), 20(2) or 27(2) has effect as a duty to provide the officer concerned with a copy of—

(a) subject to the harm test, the investigator’s written report (paragraph (1)(a)); and

(b) any recommendation of the Commission (paragraph (1)(b)).

(8) Where a police officer is required to attend a third stage meeting (paragraph (2)) because the officer is subject to a final written improvement notice issued or extended under regulation 38 –

(a) the meeting must be conducted by the same panel as conducted the initial third stage meeting;

(b) regulation 40(11) to (15) apply in relation to that panel.

(9) Where the appropriate authority fails to make the determination referred to in paragraph (1)(a)(ii) before the end of 15 working days beginning with the first working day after receipt of the investigator’s written report, the appropriate authority must notify the officer concerned in writing of the reason for this.

Provision of information to the Commission

11B.— (1) This regulation applies in any case which has been investigated under external procedures.

(2) Where this regulation applies, the appropriate authority must send the Commission a copy of—

(a) any written record and written improvement notice given to the officer concerned under regulation 15(5);

(b) any written notice and written summary given to the officer concerned under regulation 18(9);

(c) any notification given to the officer concerned under regulation 19(1)(b);

(d) any written record and final written improvement notice given to the officer concerned under regulation 22(5);

(e) any written notice and written summary given to the officer concerned under regulation 25(9);

(f) any notification given to the officer concerned under regulation 26(1)(b);

(g) any written decision given to the officer concerned under regulation 37(3);

(h) any final written improvement notice issued or extended under regulation 38(3);

(i) any written improvement notice issued under regulation 38(6);

(j) any notification given to the officer concerned under regulation 40(2)(b).

(3) Where this regulation applies, the appropriate authority must notify the Commission if it extends under regulation 10(1) any period specified in regulation 10(2).”.