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

Interpretation and general provision as to written notices or documents

2.—(1) In these Regulations—

“appellant” means an MDP officer or a former MDP officer who has given a notice of appeal in accordance with regulation 7 or 8;

“chair” means the person appointed in accordance with regulation 6(2)(a), 6(3)(a) or 6(4)(a) as the case may be;

“disciplinary action”—

(a)

in relation to an MDP officer, means disciplinary action under the Conduct Regulations;

(b)

in relation to a former MDP officer, means a finding that the former officer would have been dismissed if the former officer had not ceased to be a member of the MDP;

“Head of HR” means the head of HR for the MDP in the Ministry of Defence;

“lay person” has the meaning given in paragraph 10 of Schedule 6 to the Police Act 1996(1);

“original hearing” means—

(a)

the misconduct hearing or accelerated misconduct hearing under the Conduct Regulations, or

(b)

a third stage meeting under the Performance Regulations,

at or following which the relevant decision was made;

“relevant decision” means the finding or decision as to the disciplinary action or outcome which may be appealed or is being appealed to a tribunal in accordance with regulation 3, 4 or 5;

“relevant time” means, in relation to a former MDP officer, the time immediately before the former officer ceased to be such an officer;

“specified appeal” means—

(a)

in relation to England and Wales, an appeal where paragraph 16 of Schedule 3 to the 2002 Act (investigations by the appropriate authority on its own behalf)(2) applied and—

(i)

the Director General—

(aa)

made a recommendation under paragraph 25(4C)(c) of that Schedule (reviews with respect to an investigation)(3) which the relevant authority accepted,

(bb)

made a recommendation under paragraph 27(3A) of that Schedule (recommendation of Director General to authority)(4) in relation to the unsatisfactory performance of an MDP officer, or

(cc)

gave a direction under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings)(5), or

(ii)

the Secretary of State for Defence made a recommendation under paragraph 25(4E)(c) of that Schedule (reviews with respect to an investigation) which the relevant authority accepted;

(b)

in relation to England and Wales, an appeal where paragraph 18 or 19 of Schedule 3 to the 2002 Act (directed and independent investigations)(6) applied;

(c)

in relation to Northern Ireland, an appeal where the relevant decision arose from a case where—

(i)

a recommendation had been made under section 59(2) of the 1998 Act (steps to be taken after investigation) that disciplinary proceedings should be brought, or

(ii)

a direction had been given under section 59(5) of that Act;

“tribunal” means the police appeals tribunal appointed under regulation 6.

(2) In these Regulations, any expression which is also used in the Conduct Regulations or the Performance Regulations, unless that expression is given a different meaning in paragraph (1), has the same meaning as in those Regulations.

(3) Where any written notice or document is to be given or supplied to the appellant under these Regulations, it must be—

(a) given to the appellant in person,

(b) left with a person at, or sent by recorded delivery to, the appellant’s last known address, or

(c) given to the appellant in any other manner agreed between the person who is required to give the notice or document and the appellant.

(1)

1996 c. 16. The definition of “lay person” was inserted by section 31(5) of the Policing and Crime Act 12017 (c. 3), and amended by section 41(4) of that Act. There are other amendments to paragraph 10 which are not relevant to these Regulations.

(2)

Paragraph 16 has been amended by paragraph 14 of Schedule 12 to the Serious Organised Crime and Police Act 2005 (c. 15), paragraph 9, 11, 12 of Schedule 14 to the Police Reform and Social Responsibility Act 2011 (c. 13), paragraph 17 of Schedule 6 to the Crime and Courts Act 2013 (c. 22), paragraph 16 and 17 of Schedule 5 and paragraph 56 of Schedule 9 to the Policing and Crime Act 2017 (c. 3).

(3)

Paragraph 25(4C) was inserted, with paragraphs (4A) to (4J) by paragraph 34 of Schedule 5 to the Policing and Crime Act 2017.

(4)

Paragraph 27(3A) was inserted by section 138 of the Anti-Social Behaviour, Crime and Policing Act 2014 (c. 12).

(5)

Paragraph 27(4)(a) was amended by paragraph 56 of Schedule 9 to the Policing and Crime Act 2017.

(6)

Paragraphs 18 of the 2002 Act was amended by paragraph 18, 19, 56 of Schedule 5 to the Policing and Crime Act 2017 (c. 3). Paragraph 19 of that Act was also amended by paragraph 56 of Schedule 5 to that Act. There are other amendments to those provisions which are not relevant to these Regulations.