The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020 No. 1087

Regulation 3(2)

SCHEDULE 2 U.K. Modifications to the Conduct Regulations in their application to former officers

Interpretation U.K.

1.  Any reference in this Schedule to a numbered regulation is to the regulation of the Conduct Regulations set out in the paragraph so numbered in Schedule 1.

Commencement Information

I1 Sch. 2 para. 1 in force at 2.11.2020, see reg. 1

Modification to regulation 2 (interpretation and delegation) U.K.

2.  Regulation 2 is to be read as if—

(a) in paragraph (1)—

(i) the following definitions were inserted in the appropriate places—

““Condition C person” means a person in relation to whom regulation 3(2)(a) and (5)(a) and (b) is satisfied;”;

““Condition C special determination” has the meaning given in regulation 5A(4);”;

““disciplinary action for gross misconduct” means a finding that the officer concerned would have been dismissed if the officer had not ceased to be an MDP officer;”;

““MDP officer” and “officer” mean, except in regulations 3 (application), 6 (police friend) and 7 (legal and other representation), a person who has ceased to be a member of the MDP;”;

““relevant time” means the time immediately before the officer concerned ceased to be a member of the MDP;”;

(ii) the definitions of “appeal meeting”, “disciplinary action”, “extended special leave”, “misconduct meeting”, “practice requiring improvement” and “reflective practice review process” were omitted;

(iii) in the definition of “allegation”, for “, conduct matter or practice requiring improvement” there were substituted “or conduct matter”;

(iv) in the definition of “gross misconduct”, for “as to justify dismissal” there were substituted “that the officer concerned would have been dismissed if the officer had not ceased to be a member of the MDP”;

(v) in the definition of “misconduct”, for “so serious as to justify disciplinary action” there were substituted “not so serious that the officer concerned would have been dismissed if the officer had not ceased to be a member of the MDP”;

(vi) in the definition of “misconduct hearing”, after “disciplinary action”, there were inserted “for gross misconduct”;

(vii) for the definition of “misconduct proceedings”, there were substituted—

““misconduct proceedings” means a misconduct hearing,”;

(viii) in the definition of “proposed witness”, “conducting or” were omitted;

(ix) for the definition of “staff association”, there were substituted—

““staff association” means, where the officer concerned was at the relevant time—

(a)

a senior officer, the Chief Police Officer’s Staff Association;

(b)

any other MDP officer, the Defence Police Federation;”;

(b) for paragraph (4), there were substituted—

“(4) Where the chief constable delegates their functions under regulation 49, a decision under that regulation as to whether to certify a case as one where the special conditions are satisfied must be authorised by a senior officer.”.

Commencement Information

I2 Sch. 2 para. 2 in force at 2.11.2020, see reg. 1

Modification: insertion of Part 1A U.K.

3.  The Conduct Regulations apply as if after regulation 4, there were inserted—

“PART 1A U.K. Condition C special determination

Condition C special determination: matters to be taken into account

5A.— (1) This Part applies where the officer concerned is a Condition C person.

(2) The relevant authority must, as soon as practicable following receipt of a written report made under regulation 20 (report of investigation) or an equivalent report made under external procedures established for England and Wales or Northern Ireland—

(a) determine whether the officer concerned has a case to answer in respect of gross misconduct or no case to answer, and

(b) send to the Director General a copy of the report and a written record of its determination under sub-paragraph (a).

(3) The Director General must make a Condition C special determination after receiving—

(a) a copy of the written report or equivalent report (as the case may be) referred to in paragraph (2), and

(b) the written record referred to in paragraph (2)(b).

(4) A “Condition C special determination” is a determination by the Director General as to whether the taking of disciplinary proceedings against the officer concerned in respect of alleged gross misconduct would be reasonable and proportionate having regard to—

(a) the seriousness of the alleged gross misconduct,

(b) the impact of the allegation on public confidence in the MDP, and

(c) the public interest.

(5) When assessing the seriousness of the alleged gross misconduct for the purposes of paragraph (4)(a), the matters which the Director General must take into account are—

(a) whether it appears that the alleged gross misconduct amounts to a criminal offence,

(b) whether it appears that a complainant or other person has been harmed (whether physically or psychologically) by the alleged gross misconduct and, if so, the extent and seriousness of the harm,

(c) where it appears that a complainant or other person has been so harmed, whether that person was a vulnerable person,

(d) whether it appears that the alleged gross misconduct was intentional,

(e) whether it appears that the purpose or one of the purposes of the alleged gross misconduct was personal gain or benefit for the officer concerned,

(f) whether it appears that the alleged gross misconduct is aggravated by discriminatory behaviour on the grounds of a person’s race, gender, disability, age, religion or belief, sexual orientation or gender identity,

(g) whether it appears that the officer concerned acted with one or more other persons serving with the MDP,

(h) the extent to which the alleged gross misconduct involved abuse of a position of trust or authority held by the officer concerned,

(i) whether it appears that the officer concerned has taken steps to prevent the alleged gross misconduct being identified or to obstruct investigations into it, other than lawful steps in the officer’s defence,

(j) whether it appears that the alleged gross misconduct has had an adverse effect on community relations,

(k) whether it appears that there are mitigating circumstances arising out of the health (whether physical or mental) of the officer concerned at the time of the alleged gross misconduct, and

(l) any other matters that the Director General considers relevant.

(6) When assessing the impact of the allegation on public confidence in the MDP for the purposes of paragraph (4)(b), the matters which the Director General must take into account are—

(a) whether it appears that the alleged gross misconduct has had an effect on relations between the public and the MDP,

(b) the extent of any apparent harm to public confidence in the MDP,

(c) the effect that a decision not to take disciplinary proceedings might have on public confidence in the MDP, and

(d) any other matters that the Director General considers relevant.

(7) When assessing the public interest for the purposes of paragraph (4)(c), the matters which the Director General must take into account are—

(a) whether it appears that the officer concerned should be prevented from future employment or appointment as a constable,

(b) where it appears that the officer concerned should be so prevented, whether disciplinary proceedings are necessary for this purpose,

(c) the length of time since the alleged gross misconduct occurred,

(d) whether it appears that the officer concerned will be held to account in respect of the alleged gross misconduct through other means, such as criminal or other proceedings,

(e) where it appears that a complainant or other person has been harmed (whether physically or psychologically) by the alleged gross misconduct, whether it appears that a decision not to take disciplinary proceedings would adversely affect that person,

(f) whether it appears that the officer concerned is unfit to be subject to or to participate in disciplinary proceedings by reason of disability or ill-health, and

(g) any other matters that the Director General considers relevant.

(8) In paragraph (5)(c), “vulnerable person” means a person who, by reason of age, disability or ill-health, is, or may be, unable to—

(a) take care of themselves, or

(b) protect themselves against harm or exploitation.

Condition C special determination: procedure

5B.— (1) Before making a Condition C special determination the Director General—

(a) must give a notification in writing to—

(i) any complainant,

(ii) any interested person, and

(iii) the officer concerned,

(b) must consult—

(i) the Ombudsman, where the case has been investigated by the Ombudsman,

(ii) the Commissioner, where the case has been investigated by the Commissioner,

(c) may consult any other person the Director General thinks appropriate.

(2) A notification under paragraph (1)(a) must—

(a) state that the Director General is to make a Condition C special determination and the consequences of such a determination;

(b) explain the effect of regulation 5A;

(c) explain that if disciplinary proceedings are taken and the allegation of gross misconduct is proved, the officer concerned may be subject to a finding that the officer would have been dismissed if the officer had not ceased to be a member of the MDP;

(d) subject to the harm test, set out any findings relating to the conduct to which the investigation relates in any investigation report sent to the Director General under regulation 5A(2);

(e) set out the person’s rights under paragraph (3);

(f) in the case of the officer concerned, state that the officer has the right to seek advice from the officer’s staff association or any other body and the effect of regulation 6(1) and (2) (police friend), and 7(1) (legal representation).

(3) A person given a notification under paragraph (1)(a) may, within the period of 21 days beginning with the day on which the notice is given or such longer period as the Director General may agree with that person, provide a written statement and any document which the person wishes the Director General to take into account for the purposes of the Condition C special determination.

(4) When making a Condition C special determination the Director General must take into account in addition to the matters specified in regulation 5A—

(a) any response to a consultation carried out under paragraph (1)(c),

(b) any written statement or document provided under paragraph (3),

(c) any findings relating to the conduct to which the investigation relates in any investigation report sent to the Director General under regulation 5A(2), and

(d) any other relevant evidence.

(5) The Director General must give notification in writing of a Condition C special determination and the consequences the determination to—

(a) the persons mentioned in paragraph (1),

(b) the Ombudsman, where the Ombudsman has been consulted under paragraph (1)(b)(i),

(c) the Commissioner, where the Commissioner has been consulted under paragraph (1)(b)(ii), and

(d) the investigator appointed under external procedures established for England and Wales, Northern Ireland or Scotland.”.

Commencement Information

I3 Sch. 2 para. 3 in force at 2.11.2020, see reg. 1

Modification to regulation 6 (police friend) U.K.

4.  Regulation 6 is to be read as if—

(a) in paragraph (1), for sub-paragraph (d), there were substituted—

“(d) any other person approved by the chief constable.”,

(b) in paragraph (2)—

(i) “Subject to regulation 66(1),” were omitted,

(ii) in sub-paragraph (b), “or appeal meeting” were omitted,

(iii) in sub-paragraph (d), “, meeting” were omitted.

Commencement Information

I4 Sch. 2 para. 4 in force at 2.11.2020, see reg. 1

Modification to regulation 7 (legal and other representation) U.K.

5.  Regulation 7 is to be read as if—

(a) in paragraph (3), for the words “the officer may be dismissed” to the end, there were substituted “disciplinary action for gross misconduct may be imposed in relation to the officer without the officer being so represented”;

(b) in paragraph (4), for the words “misconduct proceedings” to the end, there were substituted “misconduct proceedings or an accelerated misconduct hearing by a police friend;

(c) in paragraph (5)—

(i) in the opening words, “or an appeal meeting” were omitted,

(ii) in sub-paragraph (b), the words from the beginning to “only,” were omitted;

(d) in paragraph (6), “Subject to paragraph (7)”, “conducting or” and “or appeal meeting” were omitted;

(e) paragraph (7) were omitted;

(f) in paragraph (8)—

(i) in the opening words, “or the Ombudsman, as the case may be,” were omitted;

(ii) at the end of sub-paragraph (a), “and” were omitted;

(iii) sub-paragraph (b) were omitted;

(g) in paragraph (9), “or the Ombudsman, as the case may be,” were omitted.

Commencement Information

I5 Sch. 2 para. 5 in force at 2.11.2020, see reg. 1

Modification to regulation 8 (provision of notices or documents) U.K.

6.  Regulation 8 is to be read as if after paragraph (1), there were inserted—

“(1A) The relevant authority must make reasonable enquiries in order to determine the last known address of the officer concerned for the purposes of paragraph (1)(b).”.

Commencement Information

I6 Sch. 2 para. 6 in force at 2.11.2020, see reg. 1

Modification: omission of regulation 10 (suspension) U.K.

7.  The Conduct Regulations are to be read as if regulation 10 were omitted.

Commencement Information

I7 Sch. 2 para. 7 in force at 2.11.2020, see reg. 1

Modification to regulation 11 (record of disciplinary proceedings) U.K.

8.  Regulation 11 is to be read as if for “and decision on disciplinary action”, there were substituted “, any decision on disciplinary action for gross misconduct”.

Commencement Information

I8 Sch. 2 para. 8 in force at 2.11.2020, see reg. 1

Modification to regulation 13 (severity assessment) U.K.

9.  Regulation 13 is to be read as if—

(a) in paragraph (1)—

(i) at the beginning, there were inserted “Subject to paragraph (6A),”;

(ii) “misconduct or” and “or neither” were omitted;

(b) in paragraph (2), for the words beginning with “amount”, in the first place that word occurs, to the end, there were substituted “not amount to gross misconduct, it must take no further action.”;

(c) paragraphs (3) and (4) were omitted;

(d) in paragraph (5)—

(i) at the beginning, there were inserted “Subject to paragraph (6A),”;

(ii) for the words beginning with “misconduct or” to the end, there were substituted “gross misconduct, the matter must be investigated.”;

(e) in paragraph (6), at the beginning, there were inserted “Subject to paragraph (6A),”;

(f) after paragraph (6), there were inserted—

“(6A) The relevant authority must take no action or no further action under paragraph (1), (5) or (6) if—

(a) it is satisfied that the officer concerned is unfit for disciplinary proceedings to be brought against the officer by reason of disability or ill-health, or

(b) the relevant authority has made reasonable enquiries in order to determine the last known address of the officer but it has been unsuccessful.”;

(g) in paragraph (7), for the words beginning with “or to refer” to the end, there were substituted “or is required under paragraph (6A)(a) to take no action or no further action, it must so notify the officer concerned in writing as soon as practicable.”.

Commencement Information

I9 Sch. 2 para. 9 in force at 2.11.2020, see reg. 1

Modification to regulation 14 (appointment of investigator) U.K.

10.  Regulation 14 is to be read as if in paragraph (3), for sub-paragraph (b), there were substituted—

“(b) if they worked, directly or indirectly, under the management of the officer concerned at the relevant time,”.

Commencement Information

I10 Sch. 2 para. 10 in force at 2.11.2020, see reg. 1

Modification to regulation 15 (investigation) U.K.

11.  Regulation 15 is to be read as if, in paragraph (1), “misconduct or”, in both places where those words appear, were omitted.

Commencement Information

I11 Sch. 2 para. 11 in force at 2.11.2020, see reg. 1

Modification to regulation 16 (written notices) U.K.

12.  Regulation 16 is to be read as if in paragraph (1)—

(a) for sub-paragraph (d), there were substituted—

“(d) that if the allegation of gross misconduct is proved, the officer may be subject to a finding that the officer would have been dismissed if the officer had not ceased to be a member of the MDP,”;

(b) in sub-paragraph (h), after “17(1)”, there were inserted “, 19A(2)”.

Commencement Information

I12 Sch. 2 para. 12 in force at 2.11.2020, see reg. 1

Modification to regulation 19 (interviews during investigation) U.K.

13.  Regulation 19 is to be read as if—

(a) in paragraph (1), after “practicable” there were inserted “and subject to regulation 19A”;

(b) in paragraph (5), for the words beginning with “must” to the end there were substituted “must be reasonable.”.

Commencement Information

I13 Sch. 2 para. 13 in force at 2.11.2020, see reg. 1

Modification: insertion of regulation 19A U.K.

14.  The Conduct Regulations are to be read as if after regulation 19 there were inserted—

“Notice of enquiry of MDP officer during investigation

19A.— (1) Where the investigator is satisfied that, having regard to the circumstances of the officer concerned, it would be unreasonable to require the officer to attend an interview, the investigator may cause the officer concerned to be given a written notice of enquiry.

(2) A notice of enquiry given under paragraph (1) must—

(a) state any question the investigator wishes to ask the officer concerned, and

(b) request a response to any such question from the officer concerned within a specified period.

(3) The investigator must make a written record of any notice of enquiry and response received under this regulation.”.

Commencement Information

I14 Sch. 2 para. 14 in force at 2.11.2020, see reg. 1

Modification to regulation 20 (report of investigation) U.K.

15.  Regulation 20 is to be read as if—

(a) in paragraph (2)—

(i) after sub-paragraph (b), “and” were inserted;

(ii) for sub-paragraphs (c) and (d) there were substituted—

“(c) indicate the investigator’s opinion as to whether—

(i) there is a case to answer in respect of gross misconduct or there is no case to answer;

(ii) where the investigator’s opinion is that there is no such case to answer, there may nevertheless have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the officer still been serving.”;

(b) in paragraph (4)—

(i) for “amount to neither misconduct nor”, there were substituted “not amount to”;

(ii) in sub-paragraph (a), for “it,” there were substituted “it, and”;

(iii) sub-paragraph (c), and the “and” before it were omitted;

(c) in paragraphs (6) and (7), “misconduct or” were omitted.

Commencement Information

I15 Sch. 2 para. 15 in force at 2.11.2020, see reg. 1

Modification to regulation 21 (general) U.K.

16.  Regulation 21 is to be read as if—

(a) “or Ombudsman”, both times it occurs, were omitted;

(b) “, as the case may be,” were omitted;

(c) “conducting or” were omitted.

Commencement Information

I16 Sch. 2 para. 16 in force at 2.11.2020, see reg. 1

Modification to regulation 22 (national security: power to give directions in relation to misconduct hearings) U.K.

17.  Regulation 22(3) and (4) is to be read as if “conducting or” were omitted.

Commencement Information

I17 Sch. 2 para. 17 in force at 2.11.2020, see reg. 1

Modification to regulation 23 (referral of case to misconduct proceedings) U.K.

18.  Regulation 23 is to be read as if—

(a) in paragraph (1)—

(i) in sub-paragraph (a), in the first place it occurs, “misconduct or” were omitted;

(ii) for sub-paragraph (c), there were substituted—

“(c) if there is no case to answer, whether there may have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the officer still been serving.”;

(b) after paragraph there were inserted—

“(1A) In relation to a Condition C person, the relevant authority must not refer the case to misconduct proceedings unless the Director General has made a Condition C special determination under regulation 5A(3) that the taking of disciplinary proceedings against the person in respect of alleged gross misconduct was reasonable and proportionate.”;

(c) paragraph (2) were omitted;

(d) in paragraph (3) “and paragraph (9)” were omitted;

(e) in paragraph (4), for the words from “assess” to the end, there were substituted “take no disciplinary action for gross misconduct against the officer concerned.”;

(f) paragraphs (5), (7) and (9) were omitted;

(g) in paragraph (6)—

(i) for “completed the assessment under paragraph (3)”, there were substituted “determined there is no case to answer or that no misconduct proceedings will be brought”;

(ii) in subparagraph (a), for “the outcome of its assessment”, there were substituted “its determination”;

(h) in paragraph (8)—

(i) in sub-paragraph (a), the words from “of the form specified” to the end were omitted;

(ii) in sub-paragraph (b), “of the form specified in the recommendation” were omitted;

(iii) sub-paragraph (d) were omitted;

(iv) in the words after sub-paragraph (d), “of the form specified” were omitted.

Commencement Information

I18 Sch. 2 para. 18 in force at 2.11.2020, see reg. 1

Modifications to regulation 24 (presenting of case by the Director General or the Ombudsman) U.K.

19.  Regulation 24 is to be read as if—

(a) in the heading, “or the Ombudsman” were omitted;

(b) paragraph (6) were omitted;

(c) in paragraph (7), “or the Ombudsman” both times it occurs, were omitted

Commencement Information

I19 Sch. 2 para. 19 in force at 2.11.2020, see reg. 1

Modification to regulation 25 (joint misconduct proceedings) U.K.

20.  Regulation 25 is to be read as if—

(a) paragraph (2) were omitted;

(b) in paragraph (5), “conducting or” were omitted;

(c) in paragraph (6), for “are senior officers” there were substituted “were senior officers at the relevant time”;

(d) paragraph (9) were omitted.

Commencement Information

I20 Sch. 2 para. 20 in force at 2.11.2020, see reg. 1

Modification to regulation 26 (withdrawal of misconduct proceedings) U.K.

21.  Regulation 26 is to be read as if—

(a) in paragraph (1)(a), “misconduct or” were omitted;

(b) in paragraph (2)—

(i) in sub-paragraph (a), for the words from “may” to the end, there were substituted “must take no further action against the officer concerned,”;

(ii) in sub-paragraph (b)(i), “, indicating whether any action will be taken under paragraph (2)(a)” were omitted;

(c) paragraph (3) were omitted;

(d) for paragraphs (4) to (6), there were substituted—

“(4) A case investigated under external procedures established for England and Wales may only be withdrawn—

(a) on the direction of the Director General, following consultation with the relevant authority, where the Director General has made a recommendation under paragraph 25(4C)(c) of Schedule 3 to the 2002 Act (duties with respect to disciplinary proceedings), which the relevant authority accepted; or

(b) on the decision of the relevant authority, in all other cases.”.

Commencement Information

I21 Sch. 2 para. 21 in force at 2.11.2020, see reg. 1

Modification to regulation 27 (persons conducting misconduct proceedings) U.K.

22.  Regulation 27 is to be read as if—

(a) paragraphs (1) to (3) were omitted;

(b) in paragraph (4)—

(i) for “A panel appointed in accordance with this paragraph must comprise” there were substituted “Where the case is referred to a misconduct hearing, that hearing must be conducted by a panel of three persons, comprising”;

(ii) in sub-paragraph (b), for “officer concerned” there were substituted “rank the officer concerned was at the relevant time”;

(c) in paragraph (5), for “A panel appointed in accordance with this paragraph must comprise” there were substituted “But where the case is referred to a misconduct hearing and the officer concerned was a senior officer at the relevant time, that hearing must be conducted by a panel of three persons, comprising”.

Commencement Information

I22 Sch. 2 para. 22 in force at 2.11.2020, see reg. 1

Modification to regulation 28 (role of chair of misconduct hearing) U.K.

23.—(1) Regulation 28(10) is to be read as if—

(a) “or the Ombudsman” were omitted;

(b) “or, as the case may be, the Ombudsman” were omitted.

Commencement Information

I23 Sch. 2 para. 23 in force at 2.11.2020, see reg. 1

Modification to regulation 29 (notice of referral to misconduct proceedings) U.K.

24.  Regulation 29 is to be read as if—

(a) in paragraph (1)—

(i) in sub-paragraph (a)—

(aa) in paragraph (ii), “misconduct or” and “, as the case may be” were omitted;

(bb) in paragraph (iii), for the words from “conduct” to “a chair,” there were substituted “chair the misconduct proceedings and”;

(cc) in paragraph (v), “in relation to the form of misconduct proceedings to which the case is being referred” were omitted;

(dd) in paragraph (vi), sub-paragraph (bb), and the “or” preceding it, were omitted;

(ee) after paragraph (vi), “and” were omitted;

(ff) after paragraph (vii), there were inserted—

“(viii) the fact that the officer will be subject to disciplinary proceedings under the Conduct Regulations, and

(ix) the fact that, if the allegation of gross misconduct is proved, the officer may be subject to a finding that the officer would have been dismissed if the officer had not ceased to be a member of the MDP,”;

(ii) in sub-paragraph (c), after paragraph (i), “and” were omitted and there were inserted—

“(ia) in the case of a Condition C person, any written statement or document provided to the Director General under regulation 5B(3) and any response to a consultation carried out under regulation 5B(1)(c), and”;

(b) in paragraph (2), “conducting or” were omitted;

(c) in paragraph (3)—

(i) in sub-paragraph (a), for “conduct or, as the case may be, chair”, there were substituted “chair”;

(ii) in sub-paragraph (b), “conducting or, as the case may be,” were omitted;

(d) in paragraph (5)—

(i) “conduct or, as the case may be,” were omitted;

(ii) “conducting or” were omitted;

(e) in paragraph (6), “and (7)” were omitted;

(f) in paragraph (7)—

(i) “conduct or, as the case may be,” were omitted;

(ii) “conducting or” were omitted;

(g) in paragraph (10)—

(i) in the opening words, the words from “or the Ombudsman” to “present a case,” were omitted;

(ii) in sub-paragraph (a), “, or the Ombudsman,” were omitted;

(iii) in sub-paragraphs (b) and (c), “or the Ombudsman” were omitted both times it occurs.

Commencement Information

I24 Sch. 2 para. 24 in force at 2.11.2020, see reg. 1

Modification to regulation 30 (procedure on receipt of notice) U.K.

25.  Regulation 30 is to be read as if—

(a) in paragraph (1)(b), “conducting or” were omitted;

(b) in paragraph (2)(a), (b) and (c), “misconduct or” and “, as the case may be” were omitted;

(c) in paragraph (2)(c)(ii), “person or” were omitted;

(d) in paragraph (5)—

(i) in the opening words, the words from “, or the Ombudsman” to “present a case” were omitted;

(ii) in sub-paragraph (a), “or the Ombudsman, as appropriate,” were omitted;

(iii) in sub-paragraph (b), “or the Ombudsman,” were omitted.

Commencement Information

I25 Sch. 2 para. 25 in force at 2.11.2020, see reg. 1

Modification to regulation 31 (witnesses and documents to be supplied) U.K.

26.  Regulation 31 is to be read as if—

(a) in paragraphs (1), (3), (5), in both places where the words appear, (6), (9), (11) and (13)(b), “conducting or” were omitted;

(b) in paragraph (6)(c), for “misconduct or gross misconduct, as the case may be” there were substituted “gross misconduct”;

(c) in paragraph (13)—

(i) in the opening words, the words from “, or the Ombudsman” to the end were omitted;

(ii) in sub-paragraphs (a), (b) and (d), “or the Ombudsman” were omitted each time it occurs;

(iii) in sub-paragraph (c), “or, as the case may be “of the Ombudsman”” were omitted.

Commencement Information

I26 Sch. 2 para. 26 in force at 2.11.2020, see reg. 1

Modification to regulation 32 (misconduct pre-hearing) U.K.

27.  Regulation 32 is to be read as if—

(a) in paragraph (1)(b)(iii), “or the Ombudsman” were omitted both times it occurs;

(b) in paragraph (6)(e)—

(i) “or, as the case may be, the Ombudsman’s” were omitted;

(ii) “or the Ombudsman” were omitted;

(c) in paragraph (17),“or the Ombudsman” were omitted both times it occurs.

Commencement Information

I27 Sch. 2 para. 27 in force at 2.11.2020, see reg. 1

Modification: omission of regulation 33 (timing of misconduct meeting) U.K.

28.  The Conduct Regulations are to be read as if regulation 33 were omitted.

Commencement Information

I28 Sch. 2 para. 28 in force at 2.11.2020, see reg. 1

Modification to regulation 34 (notice of misconduct proceedings and panel) U.K.

29.  Regulation 34 is to be read as if—

(a) in paragraph (2)—

(i) the words from the beginning to “a panel,” were omitted;

(ii) for “that panel” there were substituted “the panel”;

(b) in paragraph (10)—

(i) “or the Ombudsman” were omitted;

(ii) “or, as the case may be, the Ombudsman,” were omitted;

(c) paragraph (12) were omitted.

Commencement Information

I29 Sch. 2 para. 29 in force at 2.11.2020, see reg. 1

Modification to regulation 35 (public notification of misconduct hearings) U.K.

30.  Regulation 35 is to be read as if—

(a) in paragraph (1)—

(i) after sub-paragraph (d), “and” were omitted;

(ii) in sub-paragraph (e), for “misconduct or gross misconduct, as the case may be”, there were substituted “gross misconduct”;

(iii) after sub-paragraph (e), there were inserted—

“, and

(f) where the officer concerned is a Condition C person, the Condition C special determination.”;

(b) in paragraph (3)(d)(ii), for “(e)” there were substituted “(f)”;

(c) in paragraph (4)(f), “or the Ombudsman” were omitted.

Commencement Information

I30 Sch. 2 para. 30 in force at 2.11.2020, see reg. 1

Modification to regulation 36 (attendance of officer concerned at misconduct proceedings) U.K.

31.  Regulation 36 is to be read as if—

(a) in paragraph (2), in both places where the words appear, “conducting or” were omitted;

(b) in paragraph (3)(a)(ii), “in the case of a misconduct hearing,” were omitted.

Commencement Information

I31 Sch. 2 para. 31 in force at 2.11.2020, see reg. 1

Modification to regulation 37 (participation of the Director General, Ombudsman and investigator at misconduct proceedings) U.K.

32.  Regulation 37 is to be read as if—

(a) in the heading, “, Ombudsman” were omitted;

(b) in paragraph (1)—

(i) in the opening words, “or, as the case may be, Ombudsman,” were omitted;

(ii) in sub-paragraph (a), the words from “or sections 54(2)” to “1998 Act” were omitted;

(iii) in sub-paragraph (b)—

(aa) in the opening words, “or section 57 of the 1998 Act” were omitted;

(bb) paragraph (ii), and the immediately preceding “or”, were omitted;

(c) in paragraph (2)—

(i) “or Ombudsman” were omitted, each time it occurs;

(ii) in sub-paragraph (a), “if it is a misconduct hearing” were omitted;

(d) in paragraphs (2)(c), (3) and (4), “conducting or” were omitted;

(e) in paragraph (4), sub-paragraph (c), and the immediately preceding “or”, were omitted;

(f) in paragraph (5), “or the Ombudsman, as the case may be,” were omitted;

(g) in paragraph (6) sub-paragraph (b), and the immediately preceding “or” were omitted.

Commencement Information

I32 Sch. 2 para. 32 in force at 2.11.2020, see reg. 1

Modification to regulation 38 (reporting restrictions, participation and exclusions from proceedings) U.K.

33.  Regulation 38 is to be read as if—

(a) paragraphs (2), (3), (4) and (5) were omitted;

(b) in paragraph (6)—

(i) “conducting or” were omitted both times it appears;

(ii) in sub-paragraph (c), the words from “in the case” to “regulation 27(4) or (5)” were omitted;

(c) in paragraphs (8) and (9), “conducting or” were omitted.

Commencement Information

I33 Sch. 2 para. 33 in force at 2.11.2020, see reg. 1

Modification to regulation 39 (attendance of complainant, interested persons and others at misconduct proceedings) U.K.

34.  Regulation 39 is to be read as if—

(a) paragraphs (3), (4) and (6) were omitted;

(b) in paragraph (5), “conducting or” were omitted.

Commencement Information

I34 Sch. 2 para. 34 in force at 2.11.2020, see reg. 1

Modification to regulation 40 (procedure at misconduct proceedings) U.K.

35.  Regulation 40 is to be read as if—

(a) in paragraphs (1), (3), (5), (10) and (11) “conducting or” were omitted;

(b) in paragraph (2), “in relation to the form of misconduct proceedings taking place” were omitted;

(c) in paragraph (5), for “misconduct or gross misconduct, as the case may be”, there were substituted “gross misconduct”;

(d) in paragraph (8), “(at a misconduct hearing)” were omitted;

(e) after paragraph (10), there were inserted—

“(10A) Where evidence is given or considered at the misconduct hearing that the officer concerned was given written notice of an interview under regulation 19(6) (interviews during investigation) or external procedures and failed to attend the interview, paragraph (14) applies.”;

(f) in paragraph (12)(b) after “17(1)” there were inserted “, 19A(2)”;

(g) in paragraphs (14) and (16), “person or” were omitted;

(h) for paragraph (15) there were substituted—

“(15) The panel conducting the misconduct proceedings must review the facts of the case and decide whether the conduct of the officer concerned amounts to misconduct, gross misconduct or neither.”;

(i) in paragraph (17), “At misconduct proceedings conducted by a panel,” were omitted;

(j) paragraph (19) were omitted.

Commencement Information

I35 Sch. 2 para. 35 in force at 2.11.2020, see reg. 1

Modification to regulation 41 (outcome of misconduct proceedings) U.K.

36.  The Conduct Regulations are to be read as if for regulation 41 there were substituted—

“Outcome of misconduct hearing

41.— (1) The panel conducting a misconduct hearing may, subject to the provisions of this regulation—

(a) where they find the conduct amounts to gross misconduct, impose disciplinary action for gross misconduct, or

(b) where they find that the conduct amounts to misconduct but not gross misconduct, record a finding of misconduct but take no further action.

(2) Where the question of disciplinary action for gross misconduct is being considered, the persons considering it—

(a) must have regard to the record of service of the officer concerned as shown on the officer’s personal record,

(b) may receive evidence from any witness whose evidence would, in their opinion, assist them in determining the question, including evidence of mitigating circumstances disclosed prior to the hearing to—

(i) the MDP,

(ii) a registered medical practitioner, or

(iii) a staff association,

(c) must give—

(i) the officer concerned,

(ii) if the officer concerned is legally represented, the officer’s relevant lawyer or, if the officer is not legally represented, the officer’s police friend,

(iii) the relevant authority or the person appointed to represent such authority in accordance with regulation 7(5), and

(iv) the Director General or the Director General’s relevant lawyer, where the Director General made a decision under regulation 24(1) to present the case,

an opportunity to make oral or written representations before any such question is determined, and

(d) where representations are received into mitigating circumstances—

(i) must consider whether those circumstances have been mentioned at an earlier stage in the proceedings and, if they have not been so mentioned, whether the officer concerned could reasonably have been expected to so mention them, and

(ii) in the light of their conclusions under paragraph (i), may determine that it is appropriate to place less weight on those circumstances.”.

Commencement Information

I36 Sch. 2 para. 36 in force at 2.11.2020, see reg. 1

Modification to regulation 42 (notification of outcome) U.K.

37.  Regulation 42 is to be read as if——

(a) in paragraph (1)—

(i) “conducting or” and “or misconduct meeting” were omitted;

(ii) in sub-paragraph (a), “person or” were omitted;

(iii) for sub-paragraphs (c) and (d), there were substituted—

“(c) whether disciplinary action for gross misconduct was imposed.”;

(b) in paragraph (2)(b)—

(i) “misconduct or” were omitted, and

(ii) for “in accordance with paragraph (3)”, there were substituted “under the Appeals Tribunal Regulations”;

(c) paragraph (3) were omitted;

(d) in paragraph (4), “In all cases referred to in paragraph (3)” were omitted;

(e) in paragraph (5), sub-paragraph (b) were omitted.

Commencement Information

I37 Sch. 2 para. 37 in force at 2.11.2020, see reg. 1

Modification to regulation 43 (record of misconduct proceedings) U.K.

38.  Regulation 43 is to be read as if, for paragraph (1), there were substituted—

“(1) A verbatim record of the misconduct proceedings must be taken.”.

Commencement Information

I38 Sch. 2 para. 38 in force at 2.11.2020, see reg. 1

Modification: omission of regulations 44 to 46 (appeals) U.K.

39.  The Conduct Regulations are to be read as if regulations 44 to 46 were omitted.

Commencement Information

I39 Sch. 2 para. 39 in force at 2.11.2020, see reg. 1

Modification to regulation 47 (general) U.K.

40.  Regulation 47 is to be read is if—

(a) “or Ombudsman”, were omitted.

(b) “or the Ombudsman, as the case may be,”, were omitted;

Commencement Information

I40 Sch. 2 para. 40 in force at 2.11.2020, see reg. 1

Modification to regulation 49 (referral of case to accelerated misconduct hearing) U.K.

41.  Regulation 49 is to be read as if in paragraph (2)(b), for the words from “for the officer concerned” to the end of the paragraph, there were substituted “that the officer concerned should be prevented from future employment or appointment as a constable”.

Commencement Information

I41 Sch. 2 para. 41 in force at 2.11.2020, see reg. 1

Modification to regulation 50 (remission of case) U.K.

42.  Regulation 50 is to be read as if paragraph (4)(b) were omitted.

Commencement Information

I42 Sch. 2 para. 42 in force at 2.11.2020, see reg. 1

Modification to regulation 51 (notice of referral to accelerated misconduct hearing) U.K.

43.  Regulation 51 is to be read as if—

(a) in paragraph (2)(b), paragraph (ii), and the immediately preceding “or”, were omitted;

(b) in paragraph (3), “or the Ombudsman, as appropriate” were omitted, each time it occurs.

Commencement Information

I43 Sch. 2 para. 43 in force at 2.11.2020, see reg. 1

Modification to regulation 52 (notice of accelerated misconduct hearing) U.K.

44.  Regulation 52 is to be read as if paragraph (3) were omitted.

Commencement Information

I44 Sch. 2 para. 44 in force at 2.11.2020, see reg. 1

Modification to regulation 53 (public notification of accelerated misconduct hearing) U.K.

45.  Regulation 53 is to be read as if paragraph (4)(f), and the immediately preceding “and”, were omitted.

Commencement Information

I45 Sch. 2 para. 45 in force at 2.11.2020, see reg. 1

Modification to regulation 54 (procedure on receipt of notice) U.K.

46.  Regulation 54 is to be read as if paragraph (3) were omitted.

Commencement Information

I46 Sch. 2 para. 46 in force at 2.11.2020, see reg. 1

Modification to regulation 55 (persons conducting accelerated misconduct hearing) U.K.

47.  Regulation 55 is to be read as if—

(a) in paragraph (1), for “is not a senior officer” there were substituted “was not a senior officer at the relevant time”;

(b) in paragraph (3), for “is a senior officer” there were substituted “was a senior officer at the relevant time”.

Commencement Information

I47 Sch. 2 para. 47 in force at 2.11.2020, see reg. 1

Modification to regulation 56 (documents to be supplied) U.K.

48.  Regulation 56 is to be read as if paragraph (5) were omitted.

Commencement Information

I48 Sch. 2 para. 48 in force at 2.11.2020, see reg. 1

Modification to regulation 58 (participation of Director General, Ombudsman and investigator at accelerated misconduct hearing) U.K.

49.  Regulation 58 is to be read as if—

(a) in the heading, “, Ombudsman” were omitted;

(b) in paragraph (1)—

(i) in sub-paragraph (a), the words from “or section 54(2)” to the end were omitted;

(ii) in sub-paragraph (c)—

(aa) in the opening words, “or section 57 of the 1998 Act” were omitted;

(bb) paragraph (ii), and the immediately preceding “or”, were omitted;

(c) in paragraph (2), “or Ombudsman” were omitted each time it occurs;

(d) in paragraph (4), sub-paragraph (c), and the immediately preceding “or”, were omitted;

(e) in paragraph (5), sub-paragraph (b), and the immediately preceding “or”, were omitted.

Commencement Information

I49 Sch. 2 para. 49 in force at 2.11.2020, see reg. 1

Modification to regulation 61 (procedure at accelerated misconduct hearing) U.K.

50.  Regulation 61 is to be read as if—

(a) after paragraph (10), there were inserted—

“(10A) Where evidence is given or considered at the misconduct hearing that the officer concerned was given written notice of an interview under regulation 19(6) (interviews during investigation) or under external procedures and failed to attend the interview, paragraph (13) applies.”;

(b) in paragraph (12)(b) after “regulation 17(1) there were inserted “, 19A(2)”;

(c) paragraph (19) were omitted.

Commencement Information

I50 Sch. 2 para. 50 in force at 2.11.2020, see reg. 1

Modification to regulation 62 (outcome of accelerated misconduct hearing) U.K.

51.  The Conduct Regulations are to be read as if for regulation 62, there were substituted—

“Outcome of accelerated misconduct hearing

62.— (1) Subject to the provisions of this regulation, the person or panel conducting the accelerated misconduct hearing may—

(a) where the person or panel finds the conduct amounts to gross misconduct, impose disciplinary action for gross misconduct, or

(b) where the person or panel finds the conduct amounts to misconduct but not gross misconduct, record a finding of misconduct but take no further action.

(2) Where the question of disciplinary action for gross misconduct is being considered, the person or panel considering it—

(a) must have regard to the record of service of the officer concerned as shown on the officer’s personal record,

(b) may consider such documentary evidence as would, in their opinion, assist them in determining the question,

(c) must give—

(i) the officer concerned,

(ii) if the officer concerned is legally represented, the officer’s relevant lawyer or, if the officer is not legally represented, the officer’s police friend,

(iii) the relevant authority or the person appointed to represent such authority in accordance with regulation 7(5), and

(iv) the Director General or the Director General’s relevant lawyer, where the Director General made a decision under regulation 24(1) to present the case,

an opportunity to make oral or written representations, and

(d) where representations are received in relation to mitigating circumstances—

(i) must consider whether those circumstances have been mentioned at an earlier stage in the proceedings and, if they have not been so mentioned, whether the officer concerned could reasonably have been expected to so mention them, and

(ii) in the light of their conclusions under paragraph (i), may determine that it is appropriate to place less weight on those circumstances.”.

Commencement Information

I51 Sch. 2 para. 51 in force at 2.11.2020, see reg. 1

Modification to regulation 63 (notification of outcome) U.K.

52.  In regulation 63—

(a) in paragraph (1), for sub-paragraph (c), there were substituted—

“(c) whether disciplinary action for gross misconduct was imposed.”;

(b) in paragraph (4), “or the Ombudsman” were omitted both times it occurs.

Commencement Information

I52 Sch. 2 para. 52 in force at 2.11.2020, see reg. 1

Modification: omission of Part 6 (reflective practice review process) U.K.

53.  The Conduct Regulations are to be read as if Part 6 were omitted.

Commencement Information

I53 Sch. 2 para. 53 in force at 2.11.2020, see reg. 1