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

Amendments in relation to appointment and composition of police appeals tribunal

5.—(1) For regulation 5(2)(a) and (b) of the Appeal Regulations substitute—

“(a) one (who shall be the chair) must be chosen from a list of persons who satisfy the judicial-appointment eligibility criterion on a 5-year basis and have been nominated by the Secretary of State for the Home Department for the purposes of these Regulations;

(b) one must be Her Majesty’s Chief Inspector of Constabulary appointed under section 54(1) of the Police Act 1996(1) (appointment and functions of inspectors of constabulary) or an inspector of constabulary nominated by the Chief Inspector of Constabulary; and

(c) one must be a person chosen from a list of candidates maintained by the MOD Police Committee.”.

(2) Omit regulation 5(3) of the Appeal Regulations.

(3) For regulation 5(4) of the Appeal Regulations substitute—

“(4) If the appellant was a police officer (other than a senior officer) serving in England and Wales or Northern Ireland immediately before the original hearing, the tribunal is to consist of three members appointed by the Head of HR, of whom—

(a) one must be a person chosen from the list referred to in paragraph (2)(a);

(b) one must be a senior officer who is—

(i) from an alternative police force other than the Police Service of Scotland, and

(ii) not based in Scotland; and

(c) one must be either—

(i) a retired member of the force, or

(ii) a retired member of an alternative police force other than the Police Service of Scotland,

who, at the time of retirement, was a member of an appropriate staff association and not based in Scotland.

(4A) If the appellant was a police officer (other than a senior officer) serving in Scotland immediately before the original hearing, the tribunal is to consist of three members appointed by the Head of HR, of whom—

(a) one must be a person chosen from a list of persons who have been nominated by the Lord President of the Court of Session for the purposes of Schedule 3 to the 2012 Act;

(b) one must be a senior officer from the Police Service of Scotland; and

(c) one must be a retired member of—

(i) the force,

(ii) the Police Service of Scotland, or

(iii) a police force maintained under section 1 of the 1967 Act,

who at the time of retirement was a member of an appropriate staff association.”.

(4) In regulation 5(6) of the Appeal Regulations —

(a) in sub-paragraph (b) after “1996 Act” insert “, the metropolitan police force or the City of London police force”;

(b) in sub-paragraph (c) omit “a member of a police force maintained under section 2 of the 1996 Act”;

(c) after sub-paragraph (d) add—

“(e) the Police Federation for Scotland where the panel member was at the time of retirement a member of the Police Service of Scotland or a police force maintained under section 1 of the 1967 Act.”.

(5) Omit regulation 5(7).

(1)

1996 c. 16.