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

Appointment and composition of police appeals tribunal

6.—(1) The composition of the tribunal is to differ according to—

(a) whether the appellant was a senior officer immediately before the original hearing or, as the case may be, relevant time, and

(b) whether the appellant was an MDP officer serving in England and Wales, Scotland or Northern Ireland at the time the relevant conduct occurred or began.

(2) If the appellant was a senior officer immediately before the original hearing or, as the case may be, at the relevant time, the tribunal is to consist of three members appointed by the Head of HR, of whom—

(a) one must be a person chosen from a list of persons who have been nominated by the Lord Chancellor for the purposes of paragraph 1(1)(a) of Schedule 6 to the Police Act 1996(1),

(b) one must be Her Majesty’s Chief Inspector of Constabulary appointed under section 54(1) of the Police Act 1996 (appointment of functions of inspectors of constabulary), and

(c) one must be chosen from a list of candidates maintained by the Ministry of Defence Police Committee appointed by the Secretary of State under section 1(5) of the 1987 Act.

(3) If the appellant was an MDP officer (other than a senior officer) serving in England and Wales or Northern Ireland immediately before the original hearing or, as the case may be, at the relevant time, the tribunal is to consist of three members appointed by the Head of HR, of whom—

(a) one must be a person chosen from the list referred to in paragraph (2)(a),

(b) one must be a senior officer who is—

(i) from a relevant force other than the Police Service of Scotland, and

(ii) not based in Scotland, and

(c) one must be a lay person.

(4) If the appellant was an MDP officer (other than a senior officer) serving in Scotland immediately before the original hearing or, as the case may be, at the relevant time, the tribunal is to consist of three members appointed by the Head of HR, of whom—

(a) one must be a person chosen from a list of persons who have been nominated by the Lord President of the Court of Session for the purposes of Schedule 3 to the Police and Fire (Scotland) Reform Act 2012(2),

(b) one must be a senior officer from the Police Service of Scotland, and

(c) one must be a lay person.

(5) The chair of the tribunal must be the person referred to in paragraph (2)(a), (3)(a) or (4)(a), whichever is relevant.

(6) If at any time that is relevant for the purposes of this regulation, the appellant was serving outside of the United Kingdom on detached duty from a station in the United Kingdom, the appellant is to be treated for those purposes as if serving at the station at that time.

(1)

1996 c. 16; paragraph 1(1)(a) was amended by paragraph 27 of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c. 15), subject to transitional provisions specified in S.I. 2008/1653, section 31 of the Policing and Crime Act 2017 (c. 3) and S.I. 2018/226.

(2)

2012 asp. 8.