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

Modification to regulation 26 (withdrawal of misconduct proceedings)

This section has no associated Explanatory Memorandum

21.  Regulation 26 is to be read as if—

(a)in paragraph (1)(a), “misconduct or” were omitted;

(b)in paragraph (2)—

(i)in sub-paragraph (a), for the words from “may” to the end, there were substituted “must take no further action against the officer concerned,”;

(ii)in sub-paragraph (b)(i), “, indicating whether any action will be taken under paragraph (2)(a)” were omitted;

(c)paragraph (3) were omitted;

(d)for paragraphs (4) to (6), there were substituted—

(4) A case investigated under external procedures established for England and Wales may only be withdrawn—

(a)on the direction of the Director General, following consultation with the relevant authority, where the Director General has made a recommendation under paragraph 25(4C)(c) of Schedule 3 to the 2002 Act (duties with respect to disciplinary proceedings), which the relevant authority accepted; or

(b)on the decision of the relevant authority, in all other cases..