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

Modification to regulation 13 (severity assessment)

9.  Regulation 13 is to be read as if—

(a) in paragraph (1)—

(i) at the beginning, there were inserted “Subject to paragraph (6A),”;

(ii) “misconduct or” and “or neither” were omitted;

(b) in paragraph (2), for the words beginning with “amount”, in the first place that word occurs, to the end, there were substituted “not amount to gross misconduct, it must take no further action.”;

(c) paragraphs (3) and (4) were omitted;

(d) in paragraph (5)—

(i) at the beginning, there were inserted “Subject to paragraph (6A),”;

(ii) for the words beginning with “misconduct or” to the end, there were substituted “gross misconduct, the matter must be investigated.”;

(e) in paragraph (6), at the beginning, there were inserted “Subject to paragraph (6A),”;

(f) after paragraph (6), there were inserted—

“(6A) The relevant authority must take no action or no further action under paragraph (1), (5) or (6) if—

(a) it is satisfied that the officer concerned is unfit for disciplinary proceedings to be brought against the officer by reason of disability or ill-health, or

(b) the relevant authority has made reasonable enquiries in order to determine the last known address of the officer but it has been unsuccessful.”;

(g) in paragraph (7), for the words beginning with “or to refer” to the end, there were substituted “or is required under paragraph (6A)(a) to take no action or no further action, it must so notify the officer concerned in writing as soon as practicable.”.