The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2026
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Change 1
5 Amendment to regulation 2 (interpretation and delegation)
In regulation 2— (a) in paragraph (1)— (i) in the definition of “gross misconduct”, after “as to justify dismissal” insert “, and for the purposes of these Regulations conduct which has resulted in a conviction for an indictable-only offence is to be taken to constitute such a breach”; (ii) in the definition of “misconduct hearing”, for “whether”, in the second place it occurs, substitute “, if it amounts to misconduct or gross misconduct, what”; (iii) in the definition of “misconduct meeting”, for “whether”, in the second place it occurs, substitute “, if it amounts to misconduct, what”; (b) after paragraph (2) insert— (2A) For the purposes of these Regulations, an offence is an “indictable-only” offence if— (a) in the case of an offence under the law of England and Wales or Northern Ireland, it is an offence which, if committed by an adult, is triable only on indictment; (b) in the case of an offence under the law of Scotland, it is an offence triable only on indictment. ; (c) in paragraph (3), for “a member of the MDP” substitute “an MDP officer”; (d) for paragraph (4D) substitute— (4D) For the purposes of paragraph (4B)— (a) “senior officer” includes— (i) an MDP officer who is required to perform the duties normally performed by a senior officer; (ii) a member of a relevant force holding a rank above that of chief superintendent; (iii) a member of a relevant force who is required to perform the duties normally performed by a member of a relevant force holding a rank above that of chief superintendent; (b) “former senior officer” includes a person who— (i) at the time they ceased to be an MDP officer, was required to perform the duties normally performed by a senior officer; (ii) at the time they ceased to be a member of a relevant force, was required to perform the duties normally performed by a member of a relevant force holding a rank above that of chief superintendent. .
5 Amendment to regulation 2 (interpretation and delegation)
In regulation 2— (a) in paragraph (1)— (i) in the definition of “gross misconduct”, after “as to justify dismissal” insert “, and for the purposes of these Regulations conduct which has resulted in a conviction for an indictable-only offence is to be taken to constitute such a breach”; (ii) in the definition of “misconduct hearing”, for “whether”, in the second place it occurs, substitute “, if it amounts to misconduct or gross misconduct, what”; (iii) in the definition of “misconduct meeting”, for “whether”, in the second place it occurs, substitute “, if it amounts to misconduct, what”; (b) after paragraph (2) insert— (2A) For the purposes of these Regulations, an offence is an “indictable-only” offence if— (a) in the case of an offence under the law of England and Wales or Northern Ireland, it is an offence which, if committed by an adult, is triable only on indictment; (b) in the case of an offence under the law of Scotland, it is an offence triable only on indictment. ; (c) in paragraph (3), for “a member of the MDP” substitute “an MDP officer”; (d) for paragraph (4D) substitute— (4D) For the purposes of paragraph (4B)— (a) “senior officer” includes— (i) an MDP officer who is required to perform the duties normally performed by a senior officer; (ii) a member of a relevant force holding a rank above that of chief superintendent; (iii) a member of a relevant force who is required to perform the duties normally performed by a member of a relevant force holding a rank above that of chief superintendent; (b) “former senior officer” includes a person who— (i) at the time they ceased to be an MDP officer, was required to perform the duties normally performed by a senior officer; (ii) at the time they ceased to be a member of a relevant force, was required to perform the duties normally performed by a member of a relevant force holding a rank above that of chief superintendent. .
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