The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020

Revocations and transitional provisions U.K.

6.—(1) Subject to paragraph (2), the following provisions are revoked—

(a) the Ministry of Defence Police (Conduct etc.) Regulations 2015(1) (“the 2015 Regulations”);

(b) regulations 2 to 31 of the Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017(2);

(c) regulations 2 to 22 of and the Schedule to Ministry of Defence Police (Conduct and Appeals Tribunals) (Amendment) Regulations 2018(3).

(2) Subject to paragraph 3(7) of Schedule 1, the 2015 Regulations as in force immediately before these Regulations came into force, continue to have effect in relation to—

(a) a pre-commencement allegation,

(b) an allegation against an MDP officer which comes to the attention of a relevant authority on or after 2nd November 2020 and which relates to a matter in respect of which a pre-commencement allegation against that person was made, if at the time the allegation is made the pre-commencement allegation is being handled in accordance with—

(i) the 2015 Regulations, or

(ii) external procedures established for England and Wales, Northern Ireland, or Scotland.

(3) Subject to paragraph (4), the following provisions are revoked—

(a) the Ministry of Defence Police (Performance) Regulations 2012(4) (“the 2012 Regulations”);

(b) regulation 64 of and Schedule 3 to the Ministry of Defence Police (Conduct etc.) Regulations 2015(5);

(c) regulations 32 to 36 of the Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017.

(4) The 2012 Regulations, as in force immediately before these Regulations come into force, continue to have effect in relation to—

(a) unsatisfactory performance or attendance or gross incompetence which came to the attention of the line manager of an MDP officer or a senior officer before 2nd November 2020;

(b) unsatisfactory performance or attendance or gross incompetence which came to the attention of the line manager of an MDP officer or a senior officer on or after 2nd November 2020 but which relates to a matter being dealt with under the 2012 Regulations.

(5) Subject to paragraph (6), the following provisions are revoked—

(a) the Ministry of Defence Police Appeals Tribunals Regulations 2009(6) (“the 2009 Regulations”);

(b) regulations 37 to 48 of the Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017; and

(c) regulations 23 to 34 of the Ministry of Defence Police (Conduct and Appeals Tribunals) (Amendment) Regulations 2018(7).

(6) In relation to an appeal against a decision made in accordance with the Ministry of Defence Police (Conduct etc.) Regulations 2015 or the Ministry of Defence Police (Performance) Regulations 2012, nothing in these Regulations applies and the 2009 Regulations continue to have effect.

Commencement Information

I1 Reg. 6 in force at 2.11.2020, see reg. 1

(1)

S.I. 2015/25.

(2)

S.I. 2017/84.

(3)

S.1. 2018/1119.

(4)

S.I. 2012/808.

(5)

S.I. 2015/25.

(6)

S.I. 2009/3070.

(7)

S.I. 2018/1119.