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

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) [F1 paragraph (2) 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) [F2 sub-paragraph (b) were omitted];

(d) in paragraph (5)—

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

(ii) [F3 “or to any person appointed under regulation 7(6) to advise the person conducting or chairing the misconduct meeting” were omitted];

(e) in paragraph (6), “[F4 , regulation 7(6)]” 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.

Textual Amendments

F1 Sch. 2 para. 24(b) substituted (31.5.2024) by virtue of The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2024 (S.I. 2024/603), regs. 1(1), 3(6)(a) (with reg. 4)

F2 Sch. 2 para. 24(c)(ii) substituted (31.5.2024) by virtue of The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2024 (S.I. 2024/603), regs. 1(1), 3(6)(b) (with reg. 4)

F3 Sch. 2 para. 24(d)(ii) substituted (31.5.2024) by virtue of The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2024 (S.I. 2024/603), regs. 1(1), 3(6)(c) (with reg. 4)

F4 Words in Sch. 2 para. 24(e) substituted (31.5.2024) by virtue of The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2024 (S.I. 2024/603), regs. 1(1), 3(6)(d) (with reg. 4)

Commencement Information

I1 Sch. 2 para. 24 in force at 2.11.2020, see reg. 1