In these Regulations—

• “the 1996 Act” means the Police Act 1996;

• “the 2002 Act” means the Police Reform Act 2002;

• “the Complaints and Misconduct Regulations” means the Police (Complaints and Misconduct Regulations) 2020 M1;

• “the Performance Regulations” means the Police (Performance) Regulations 2020 M2;

• “the Police Regulations” means the Police Regulations 2003 M3;

• “accelerated misconduct hearing” means a hearing to which the officer concerned is referred under regulation 49 after the case has been certified as one where the special conditions are satisfied;

• “acting chief officer” means—

  1. a

     a person exercising or performing functions of a chief constable in accordance with section 41 of the Police Reform and Social Responsibility Act 2011 M4 (power of deputy to exercise functions of chief constable);

  2. b

     a person exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44 (functions of Deputy Commissioner of Police of the Metropolis) or 45(4) (Assistant Commissioners of Police of the Metropolis) of that Act, or

  3. c

     a person exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 1839 M5;

• “allegation” means an allegation relating to a complaint, conduct matter or practice requiring improvement;

• “appeal meeting” means a meeting held in accordance with regulation 46;

• “appropriate authority” means, subject to regulation 26(3)—

  1. a

     where the officer concerned is the chief officer or acting chief officer of any police force, the local policing body M6 for the force's area;

  2. b

     in any other case, the chief officer of police of the police force concerned;

• “complainant” has the meaning given to it by section 29(2) of the 2002 Act (interpretation of Part 2) M7;

• “complaint” has the meaning given to it by section 12 of the 2002 Act (complaints, matters and persons to which Part 2 applies) M8;

• “conduct” includes acts, omissions, statements and decisions (whether actual, alleged or inferred);

• “conduct matter” has the meaning given to it by section 12 of the 2002 Act (complaints, matters and persons to which Part 2 applies) M9;

• “criminal proceedings” means—

  1. a

     any prospective criminal proceedings, or

  2. b

     all criminal proceedings brought which have not been brought to a conclusion (apart from the bringing and determination of any appeal other than an appeal against conviction to the Crown Court);

• “Director General” means the Director General of the Independent Office for Police Conduct, established under section 9 of the 2002 Act (the Independent Office for Police Conduct) M10;

• “disciplinary action” means, in order of seriousness starting with the least serious action—

  1. a

     a written warning;

  2. b

     a final written warning;

  3. c

     reduction in rank, or

  4. d

     dismissal without notice;

• “disciplinary proceedings” means—

  1. a

     misconduct proceedings under Part 4 of these Regulations;

  2. b

     an accelerated misconduct hearing under Part 5 of these Regulations, or

  3. c

     an appeal from misconduct proceedings or from an accelerated misconduct hearing under the Police Appeals Tribunals Rules 2020 M11, but, for the purposes of the following provisions, “disciplinary proceedings” only includes misconduct proceedings mentioned in paragraph (a) and a hearing mentioned in paragraph (b) of this definition—

     1. i

        paragraph (a) of the definition of “disciplinary proceedings” in section 87(5) of the 1996 Act (guidance concerning disciplinary proceedings etc.) M12;

     2. ii

        paragraph (a) of the definition of “disciplinary proceedings” in section 29(1) of the 2002 Act (interpretation of Part 2) M13;

     3. iii

        section 36(2) of the 2002 Act (conduct of disciplinary proceedings) M14;

• “document” means anything in which information of any description is recorded;

• “gross misconduct” means a breach of the Standards of Professional Behaviour that is so serious as to justify dismissal;

• “harm test” has the meaning given to it in regulation 6;

• “HMCIC” means Her Majesty's Chief Inspector of Constabulary appointed under section 54(1) of the 1996 Act (appointment and functions of inspectors of constabulary);

• “human resources professional” means a police officer or police staff member who has specific responsibility for personnel matters relating to members of a police force;

• “informant” means a person who provides information to an investigation on the basis that the person's identity is not disclosed during the course of the disciplinary proceedings;

• “interested party” means a person whose appointment could reasonably give rise to a concern as to whether the person could act impartially under these Regulations;

• “interested person” means a person who has an interest in being kept properly informed about the handling of a complaint or conduct matter in accordance with section 21 of the 2002 Act (duty to provide information for other persons) M15;

• “investigator” means a person—

  1. a

     appointed under regulation 15, or

  2. b

     appointed or designated under paragraph 16, 18 or 19 of Schedule 3 to the 2002 Act (investigations) M16, as the case may be;

• “line manager” means the police officer or the police staff member who has immediate supervisory responsibility for the officer concerned;

• “misconduct”, other than in regulation 23(2)(a) and the first reference to “misconduct” in regulation 23(2)(b), means a breach of the Standards of Professional Behaviour that is so serious as to justify disciplinary action;

• “misconduct hearing” means a hearing to which the officer concerned has been referred under regulation 23 to determine whether the conduct of the officer amounts to misconduct or gross misconduct or neither and whether disciplinary action should be imposed;

• “misconduct meeting” means a meeting to which the officer concerned has been referred under regulation 23 to determine whether the conduct of the officer amounts to misconduct or not and whether disciplinary action should be imposed;

• “misconduct proceedings” means a misconduct meeting or misconduct hearing;

• “officer concerned” means the police officer in relation to whose conduct there has been an allegation;

• “originating authority” has the meaning given to it in regulation 26(3);

• “personal record” means a personal record kept under regulation 15 of the Police Regulations (contents of personal records) M17;

• “police barred list” means the list referred to in section 88B(2) of the 1996 Act (duty to maintain police barred list) M18;

• “police force concerned” means—

  1. a

     the police force of which the officer concerned is a member, or

  2. b

     where the officer concerned is a special constable, the police force maintained for the police area for which the officer is appointed;

• “police friend” means a person chosen by the officer concerned in accordance with regulation 7;

• “police officer” means a member of a police force or special constable;

• “police staff member” means—

  1. a

     a member of the civilian staff of a police force, within the meaning of section 102(4) and (6) of the Police Reform and Social Responsibility Act 2011 (interpretation of Part 1), or

  2. b

     an employee of the Common Council of the City of London who is under the direction and control of a chief officer;

• “practice requiring improvement” means underperformance or conduct not amounting to misconduct or gross misconduct, which falls short of the expectations of the public and the police service as set out in the “Code of Ethics” issued by the College of Policing under section 39A of the Police Act 1996 (codes of practice for chief officers) M19;

• “pre-commencement allegation” means an allegation against a police officer which came to the attention of a local policing body or a chief officer of police before 1st February 2020;

• “proposed witness” means a witness whose attendance at the misconduct proceedings the officer concerned or the appropriate authority, as the case may be, wishes to request of the person conducting or chairing those proceedings;

• “reflective practice review process” means the process set out in Part 6;

• “relevant lawyer” has the meaning given to it by section 84(4) of the 1996 Act (representation etc. at disciplinary and other proceedings) M20;

• “senior officer” means a member of a police force holding a rank above that of chief superintendent;

• “severity assessment” has the meaning given to it in regulation 14;

• “special conditions” has the meaning given to it in regulation 49;

• “staff association” means—

  1. a

     in relation to a member of a police force of the rank of chief inspector or below F1or a special constable, the Police Federation of England and Wales;

  2. b

     in relation to a member of a police force of the rank of superintendent or chief superintendent, the Police Superintendents' Association, and

  3. c

     in relation to a member of a police force who is a senior officer, the Chief Police Officers' Staff Association;

• “Standards of Professional Behaviour” has the meaning given in regulation 5 and references in these Regulations to the Standards of Professional Behaviour are to be construed accordingly M21;

• “working day” means any day other than—

  1. a

     a Saturday or Sunday;

  2. b

     Christmas Day or Good Friday, or

  3. c

     a day which is a bank holiday under the Banking and Financial Dealings Act 1971 M22 in England and Wales.

For the purposes of these Regulations, the making of a protected disclosure by a police officer is not a breach of the Standards of Professional Behaviour.

In paragraph (5), “protected disclosure” has the meaning given by section 43A of the Employment Rights Act 1996 (meaning of protected disclosure) M23.