The Ministry of Defence Police (Performance) Regulations 2012

Interpretation and delegation

4.—(1) In these Regulations—

“the 1987 Act” means the Ministry of Defence Police Act 1987;

“alternative police force” means—

(a)

any force maintained under section 2 of the Police Act 1996(1);

(b)

the metropolitan police force;

(c)

the City of London police force;

(d)

the British Transport Police Force;

(e)

the Civil Nuclear Constabulary;

(f)

any force maintained under section 1 of the Police (Scotland) Act 1967 Act(2); or

(g)

the Police Service of Northern Ireland;

“appropriate authority” means the chief officer of police of the force;

“bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971(3) in England and Wales, in Scotland or in Northern Ireland (as the case may be);

“document” means anything in which information of any description is recorded and includes any recording of a visual image or images;

“first stage appeal meeting” has the meaning assigned to it by regulation 16(8);

“first stage meeting” has the meaning assigned to it by regulation 12;

“the force” means the Ministry of Defence Police;

“gross incompetence” and cognate expressions mean a serious inability or serious failure of a police officer to perform the duties of the rank or the role that officer is currently undertaking to a satisfactory standard or level, to the extent that dismissal would be justified, except that no account is to be taken of the attendance of a police officer when considering whether that officer has been grossly incompetent;

“human resources professional” means a person who has specific responsibility for personnel matters relating to members of the force;

“interested party” means a person whose appointment could reasonably give rise to a concern as to whether they could act impartially under these Regulations;

“line manager” means the person who has immediate supervisory responsibility for the officer concerned;

“nominated person” means a person appointed by the senior manager in accordance with regulation 9;

“officer concerned” means the police officer in respect of whom proceedings under these Regulations are, or are proposed to be, taken;

“panel” means a panel appointed by the appropriate authority in accordance with regulation 30 subject to any change to the membership of that panel in accordance with regulation 31 and, where applicable, regulations 40 and 41;

“panel chair” means the chair of the panel;

“police friend” means a person chosen by the officer concerned in accordance with regulation 5;

“police officer” means a member of the force;

“relevant lawyer” has the same meaning as in section 4(4) of the 1987 Act;

“relevant terms of the final written improvement notice” has the meaning assigned to it by regulation 23;

“relevant terms of the written improvement notice” has the meaning assigned to it by regulation 16;

“second line manager” means the person appointed by the appropriate authority to act as the second line manager for the purposes of these Regulations in relation to the officer concerned and who is a member of the force or staff member having supervisory responsibility for the line manager and who (in a case where the line manager is a member of the force) is senior in rank to the line manager;

“second stage appeal meeting” has the meaning assigned to it by regulation 23(8);

“second stage meeting” has the meaning assigned to it by regulation 19(5)(b);

“senior manager” means—

(h)

the police officer or staff member who is for the time being the supervisor of the person who is, in relation to the officer concerned, the second line manager; or

(i)

in the absence of such supervisor, the police officer or staff member nominated by the appropriate authority to carry out any of the functions of such supervisor under these Regulations, being of at least the same rank (or equivalent) as the person who is, in relation to the officer concerned, the second line manager;

“senior officer” means a member of the force holding a rank above that of chief superintendent;

“senior officer of an alternative police force” means a member of that force holding a rank above that of chief superintendent;

“staff association” means the Defence Police Federation;

“staff member” means any person other than a police officer who is employed by the Secretary of State for Defence;

“third stage meeting” has the meaning assigned to it by regulations 26(2) and 28(3);

“unsatisfactory performance procedures” means the procedures set out in these Regulations; and

“working day” means any day other than a Saturday or Sunday or a day which is a bank holiday or a public holiday in England and Wales, in Scotland or in Northern Ireland (as the case may be).

(2) In these Regulations—

(a) references to—

(i) unsatisfactory performance or attendance;

(ii) the performance or attendance of an officer being unsatisfactory,

mean an inability or failure of a police officer to perform the duties of the role or rank that officer is currently undertaking to a satisfactory standard or level;

(b) “unsatisfactory performance or attendance” may be construed as a reference to unsatisfactory performance and attendance;

(c) “performance or attendance” may be construed as a reference to performance and attendance;

(d) references to “validity period” mean the period during which a written improvement notice or final written improvement notice issued or extended under these Regulations remains valid in accordance with these Regulations.

(3) The appropriate authority may, subject to paragraph (4), delegate any of its functions under these Regulations to—

(a) a member of the force of at least the rank of chief inspector; or

(b) a staff member who, in the opinion of the appropriate authority is of at least a similar level of seniority to a chief inspector.

(4) Where the appropriate authority delegates functions under regulation 28, the decision must be authorised by a senior officer.

(1)

1996 c. 16.

(2)

1967 c. 77.

(3)

1971 c. 80. Relevant amending instruments are the Northern Ireland Constitutions Act 1973 (c. 36) and the St Andrew’s Day Bank Holiday (Scotland) Act 2007 (2007 asp 2).