The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017

Amendment of regulation 3

3.—(1) Regulation 3 (interpretation) is amended as follows.

(2) In paragraph (1)—

(a) omit the definition of “the 2013 Order”;

(b) omit the definition of “alternative police force”;

(c) after the definition of “the Commission”, insert—

““the Commissioner” means the officer known as the Police Investigations and Review Commissioner, established under section 33 of the Police, Public Order and Criminal Justice (Scotland) Act 2006(1);”;

(d) for the definition of “complainant”, substitute—

““complainant” means a person who makes a complaint, or on behalf of whom a complaint is made, where that complaint is being or has been investigated under external procedures;”;

(e) for the definition of “complaint”, substitute—

““complaint” means an expression of dissatisfaction about the conduct of an MDP officer;”;

(f) in the definition of “document”, omit “or images”;

(g) in the definition of “external procedures”—

(i) in sub-paragraph (a), for “article 3 of the 2013 Order” substitute “an agreement made under section 26(1) of the 2002 Act”(2);

(ii) after the end of sub-paragraph (b), insert “or”;

(iii) after sub-paragraph (b), insert—

“(c) procedures—

(i) established with the Commissioner in accordance with an agreement under article 4 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007(3);

(ii) established with the Commissioner in accordance with an agreement under article 3(5) of the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013(4); or

(iii) which apply where the Commissioner has been directed to investigate by an appropriate prosecutor, and for this purpose “appropriate prosecutor” has the meaning given by section 47 of the Police, Public Order and Criminal Justice (Scotland) Act 2006(5);”;

(h) for the definition of “interested person”, substitute—

““interested person” means any person who the Commission or a relevant authority consider to have an interest in being kept informed about the handling of a complaint under external procedures, where that person has given consent to being kept so informed;”;

(i) in the definition of “MOD Police Committee”, for “Ministry of Defence Police Act 1987” substitute “1987 Act”;

(j) in the appropriate places, insert—

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

““relevant authority” has the meaning given in section 4(4) of the 1987 Act;”;

““relevant force” has the meaning given in section 2B(3) of the 1987 Act(6);”;

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

(3) After paragraph (2), insert—

“(3) For the purposes of these Regulations, the making by an MDP officer of a protected disclosure is not a breach of the Standards of Professional Behaviour, and for this purpose “protected disclosure” has the meaning given by section 43A of the Employment Rights Act 1996(7).”.

(1)

2006 asp 10. Section 33 was substituted by section 61 of the Police and Fire Reform (Scotland) Act 2012 (asp 8).

(2)

Section 26(1) of the Police Reform Act 2002 was amended by section 99 of, and Schedule 16 to, the Police Reform and Social Responsibility Act 2011 (c. 13).

(3)

S.I. 2007/1098. Article 4 was amended by section 11 of, and Schedule 6 to, the Crime and Courts Act 2013 (c. 22).

(4)

S.I. 2013/602, to which there are amendments which are not relevant to these Regulations.

(5)

Section 47 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 was substituted by section 128 of, and Schedule 7 to, the Police and Fire Reform (Scotland) Act 2012.

(6)

Section 2B of the 1987 Act was inserted by section 78 of the Police Reform Act 2002 and was amended by sections 69 and 197 of, and Schedules 14 and 23 to, the Energy Act 2004 (c. 20), sections 59 and 174 of, and Schedules 4 and 17 to, the Serious Organised Crime and Police Act 2005 (c. 15), and by S.I. 2013/602.

(7)

1996 c. 18. Section 43A was inserted by section 1 of the Public Interest Disclosure Act 1998 (c. 23).