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

Circumstances in which a third stage meeting may be required without a prior first or second stage meeting U.K.

31.—(1) This regulation applies where the relevant authority—

(a) decides that the performance of an MDP officer constitutes gross incompetence,

(b) has a duty under paragraph 23(5B)(1) of Schedule 3 to the 2002 Act (duties of appropriate authority in relation to direction by Director General to bring disciplinary proceedings) to comply with a direction, following a determination under paragraph 23(5A)(b) of that Schedule (duties of Director General on receipt or completion of report on investigation) that a person’s performance is unsatisfactory and amounts to gross incompetence,

(c) decides to accept a recommendation made under paragraph 25(4C)(c)(2) of that Schedule (reviews with respect to an investigation) that misconduct proceedings of the form specified in the recommendation are brought,

(d) decides to accept a recommendation made under paragraph 25(4E)(c) of that Schedule that misconduct proceedings of the form specified in the recommendation are brought,

(e) decides to accept a recommendation made under paragraph 27(3A)(3) of that Schedule (recommendation of Director General to appropriate authority) that a police officer’s performance is unsatisfactory and amounts to gross incompetence, or

(f) has a duty under paragraph 27(4)(b) of that Schedule (duties with respect to disciplinary proceedings etc) to comply with a direction to give effect to a recommendation referred to in sub-paragraph (c) or (e).

(2) The relevant authority must inform the officer concerned in writing that the officer is required to attend a meeting to consider performance where this regulation applies.

(3) Such meeting is referred to in these Regulations as a third stage meeting, notwithstanding that the officer concerned has not attended a first stage meeting or a second stage meeting in respect of such performance.

Commencement Information

I1 Sch. 4 para. 31 in force at 2.11.2020, see reg. 1

(1)

Sub-paragraphs (5A) to (5F) were inserted by paragraph 26 of Schedule 5 to the Policing and Crime Act 2017 (c. 3).

(2)

Sub-paragraphs (4A) to (4J) were inserted by paragraph 34 of Schedule 5 to the Policing and Crime Act 2017.

(3)

Sub-paragraph ( 3A) was inserted by section 1238(4) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), and amended by paragraph 56 of Schedule 9 to the Policing and Crime Act 2017.