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The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2026

United Kingdom · regulation

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In force since 2026-10-06, as the publisher states.

Copy read on 2026-11-10. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 79 provisions
  1. Title and introductory text
  2. 1 Citation, commencement and extent
  3. 2 Interpretation
  4. 3 Amendment to regulation 2 (general interpretation)
  5. 4 Amendment of the Conduct Regulations
  6. 5 Amendment to regulation 2 (interpretation and delegation)
  7. 6 Amendment to regulation 3 (application)
  8. 7 Amendment to regulation 5 (the harm test)
  9. 8 Amendment to regulation 8 (provision of notices or documents)
  10. 9 Amendment to regulation 27 (persons conducting misconduct proceedings)
  11. 10 Amendment to regulation 41 (outcome of misconduct proceedings)
  12. 11 Amendment to regulation 49 (referral of case to accelerated misconduct hearing)
  13. 12 Amendment to regulation 55 (persons conducting accelerated misconduct hearing)
  14. 13 Amendment to regulation 61 (procedure at accelerated misconduct hearing)
  15. 14 Amendment to regulation 62 (outcome of accelerated misconduct hearing)
  16. 15 Amendment of Schedule 2 to the 2020 Regulations
  17. 16 Amendment to paragraph 2 (modification to regulation 2)
  18. 17 Amendment to paragraph 3 (modification: insertion of Part 1A)
  19. 18 Amendment to paragraph 5 (modification to regulation 7)
  20. 19 Amendment to paragraph 6 (modification to regulation 8)
  21. 20 Insertion of paragraphs 15A (modification: insertion of Part 3A) and 15B (modification: insertion of regulation 20G)
  22. 21 Substitution of paragraph 18 (modification to regulation 23)
  23. 22 Amendment to paragraph 22 (modification to regulation 27)
  24. 23 Amendment to paragraph 24 (modification to regulation 29)
  25. 24 Amendment to paragraph 32 (modification to regulation 37)
  26. 25 Insertion of paragraph 39A (modification: insertion of regulation 46A (application of Part 5))
  27. 26 Substitution of paragraph 41 (modification to regulation 49)
  28. 27 Amendment to paragraph 42 (modification to regulation 50)
  29. 28 Amendment to paragraph 43 (modification to regulation 51)
  30. 29 Amendment to paragraph 44 (modification to regulation 52)
  31. 30 Amendment to paragraph 46 (modification to regulation 54)
  32. 31 Amendment to paragraph 47 (modification to regulation 55)
  33. 32 Amendment to paragraph 48 (modification to regulation 56)
  34. 33 Amendment to paragraph 49 (modification to regulation 58)
  35. 34 Amendment to paragraph 50 (modification to regulation 61)
  36. 35 Amendment of the Performance Regulations
  37. 36 Amendment to regulation 3 (interpretation and delegation)
  38. 37 Amendment to regulation 5 (legal and other representation)
  39. 38 Amendment to regulation 6 (provision of notices or documents)
  40. 39 Amendment to regulation 7 (procedure at meetings)
  41. 40 Amendment to regulation 8 (nominated persons)
  42. 41 Amendment to regulation 9 (reference to certain periods)
  43. 42 Amendment to regulation 10 (suspension of certain periods)
  44. 43 Amendment to regulation 11 (meeting following investigation by the Director General)
  45. 44 Amendment to regulation 12 (provision of information to the Director General)
  46. 45 Amendment to regulation 13 (meeting following referral under the Conduct Regulations or the Vetting Regulations)
  47. 46 Amendment to regulation 15 (arrangement of first stage meeting)
  48. 47 Amendment to regulation 16 (procedure at first stage meeting)
  49. 48 Amendment to regulation 17 (procedure following first stage meeting)
  50. 49 Amendment to regulation 18 (appeal against the finding and outcome of a first stage meeting)
  51. 50 Amendment to regulation 19 (arrangement of first stage appeal meeting)
  52. 51 Amendment to regulation 20 (procedure at first stage appeal meeting)
  53. 52 Omission of Part 4 (second stage)
  54. 53 Amendment to heading to Part 5 (third stage)
  55. 54 Amendment to regulation 29 (assessment following second stage meeting)
  56. 55 Amendment to regulation 30 (arrangement of a third stage meeting)
  57. 56 Amendment to regulation 31 (circumstances in which a third stage meeting may be required without a prior first or second stage meeting)
  58. 57 Amendment to regulation 32 (arrangement of a third stage meeting without a prior first or second stage meeting)
  59. 58 Amendment to regulation 33 (appointment of panel members)
  60. 59 Amendment to regulation 35 (procedure on receipt of notice of third stage meeting)
  61. 60 Amendment to regulation 36 (witnesses)
  62. 61 Amendment to regulation 37 (timing and notice of third stage meeting)
  63. 62 Amendment to regulation 38 (postponement and adjournment of a third stage meeting)
  64. 63 Amendment to regulation 39 (participation of Director General and investigator at third stage meeting)
  65. 64 Amendment to regulation 40 (attendance of complainant or interested person at third stage meeting)
  66. 65 Amendment to regulation 41 (attendance of others at a third stage meeting)
  67. 66 Amendment to regulation 42 (exclusion from a third stage meeting)
  68. 67 Amendment to regulation 43 (procedure at a third stage meeting)
  69. 68 Amendment to regulation 44 (finding)
  70. 69 Amendment to regulation 45 (outcomes)
  71. 70 Omission of regulation 46 (assessment of performance or attendance following third stage meeting where a written improvement notice has been issued)
  72. 71 Amendment to regulation 47 (assessment of performance or attendance following third stage meeting where a final written improvement notice has been issued or extended)
  73. 72 Amendment to regulation 48 (third stage meeting under regulation 47)
  74. 73 Amendment of the Appeals Tribunals Regulations
  75. 74 Amendment to regulation 2 (interpretation and general provision as to written notices or documents)
  76. 75 Amendment to regulation 4 (circumstances in which an MDP officer may appeal to a tribunal - Performance Regulations)
  77. 76 Interpretation of Part 3
  78. 77 Transitional provisions: amendments to the Conduct Regulations
  79. 78 Transitional provisions: amendments to the Performance Regulations and the Appeals Tribunals Regulations

Proposed changes to this act

No one has proposed a change to this act yet.

79 provisions

40 Amendment to regulation 8 (nominated persons)

In regulation 8— (a) in paragraphs (1), (2) and (3), for “second line manager” substitute “appeal manager”; (b) in paragraph (4), for “or equivalent rank or grade” substitute “rank or level of seniority”; (c) in paragraph (5), for “a second line manager” substitute “an appeal manager”.

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41 Amendment to regulation 9 (reference to certain periods)

In regulation 9— (a) in paragraph (2)— (i) in sub-paragraph (a), for “16(6)(c)” substitute “16(6A)”; (ii) omit sub-paragraph (b); (iii) in sub-paragraph (c), for “45(7)(c) and (8)(a)” substitute “45(7A) and 45(8)(a)(i)”; (b) in paragraph (4), for “under”, in the second place it occurs, substitute “in accordance with”.

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42 Amendment to regulation 10 (suspension of certain periods)

In regulation 10(2)— (a) in sub-paragraph (a), for “regulation 16(6)(c)” substitute “regulation 16(6A)”; (b) in sub-paragraph (b), after “regulation 17(4)” insert “or “45(7)(d)”; (c) omit sub-paragraphs (c) and (d); (d) in sub-paragraph (e), for “under regulation 45(7)(c), (d) or (8)(a)” substitute “in accordance with regulation 45(7A) or (8)(a)(i)”; (e) in sub-paragraph (f), omit “final”.

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43 Amendment to regulation 11 (meeting following investigation by the Director General)

In regulation 11— (a) in paragraph (1), in the opening words, omit “, (3)”; (b) in paragraph (2)(b), after “regulation 17(4) or 45(7)(d),” insert “or, where the period of the written improvement notice has been extended under regulation 45(3)(d), within the meaning of regulation 45(8)(c),”; (c) omit paragraph (3); (d) in paragraph (6)— (i) at the end of sub-paragraph (a) insert “and”; (ii) omit sub-paragraph (b) and the “and” after it; (iii) in sub-paragraph (c), for “third stage meeting” substitute “second stage meeting”; (e) in paragraph (7), in the opening words, omit “, 22(2)”; (f) in paragraph (8)— (i) in the opening words— (aa) for “third stage meeting” substitute “second stage meeting”; (bb) for “paragraph (3)” substitute “paragraph (2)”; (cc) omit “final”; (ii) in sub-paragraph (a), for “third stage meeting” substitute “second stage meeting”.

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44 Amendment to regulation 12 (provision of information to the Director General)

In regulation 12(2)— (a) in sub-paragraph (a)— (i) omit paragraphs (iii) to (v); (ii) in paragraph (viii), omit “final”; (b) in sub-paragraph (b), for “16(6)(c), 24(6)(c) or 45(7)(c) or (8)(a)” substitute “16(6A), 45(7A) or (8)(a)(i)”.

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45 Amendment to regulation 13 (meeting following referral under the Conduct Regulations or the Vetting Regulations)

In regulation 13— (a) in paragraph (A1), for “neither regulation 23 nor regulation 31 applies” substitute “regulation 31 does not apply”; (b) in paragraph (1)— (i) in sub-paragraph (a), omit “, (3)”; (ii) in sub-paragraph (b)(i), for “each of paragraphs (2)(a) and (3)(a)” substitute “paragraph (2)(a)”.

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46 Amendment to regulation 15 (arrangement of first stage meeting)

In regulation 15(1)(d), for “, a second stage meeting and a third stage meeting”, substitute “and a second stage meeting”.

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47 Amendment to regulation 16 (procedure at first stage meeting)

In regulation 16— (a) in paragraph (6)— (i) in sub-paragraph (c)— (aa) for “such reasonable period as the line manager specifies (being a period not exceeding 12 months)” substitute “such period as the line manager specifies in accordance with paragraph (6A)”; (bb) for “regulation 21” substitute “regulation 29”; (ii) in sub-paragraph (e), for “regulation 21” substitute “regulation 29”; (b) after paragraph (6) insert— (6A) The period specified must be three months, except where the line manager considers that there are circumstances which justify a longer period, in which case the period specified must be a reasonable period not exceeding 12 months. .

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48 Amendment to regulation 17 (procedure following first stage meeting)

In regulation 17(6)(b), for “second line manager” substitute “appeal manager”.

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49 Amendment to regulation 18 (appeal against the finding and outcome of a first stage meeting)

In regulation 18— (a) in paragraph (3)(c), for “regulation 16(6)(c)” substitute “regulation 16(6A)”; (b) in paragraphs (5), (7), (8) and (9), in each place it occurs, for “second line manager” substitute “appeal manager”.

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50 Amendment to regulation 19 (arrangement of first stage appeal meeting)

In regulation 19(1), (2), (3), (5)(b) and (6), in each place it occurs, for “second line manager” substitute “appeal manager”.

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51 Amendment to regulation 20 (procedure at first stage appeal meeting)

In regulation 20(2), (3), and (5) to (10), in each place it occurs, for “second line manager” substitute “appeal manager”.

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53 Amendment to heading to Part 5 (third stage)

In the heading to Part 5, for “Third Stage” substitute “Second Stage”.

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54 Amendment to regulation 29 (assessment following second stage meeting)

In regulation 29— (a) in the heading, for “second stage meeting” substitute “first stage meeting”; (b) in paragraph (1)— (i) omit “final”; (ii) for “24(6)(c)” substitute “16(6A)”; (c) in paragraphs (2) and (3), for “third stage meeting” in each place it occurs, substitute “second stage meeting”; (d) in paragraph (4)— (i) omit “final”; (ii) for “24(6)(c)” substitute “16(6A)”; (e) in paragraph (5)(b), for “third stage meeting” substitute “second stage meeting”; (f) in paragraph (6)— (i) for “third stage meeting” substitute “second stage meeting”; (ii) omit “final”.

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55 Amendment to regulation 30 (arrangement of a third stage meeting)

In regulation 30, in the heading and paragraphs (1) and (3), in each place it occurs, for “third stage meeting” substitute “second stage meeting”.

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56 Amendment to regulation 31 (circumstances in which a third stage meeting may be required without a prior first or second stage meeting)

In regulation 31— (a) in the heading— (i) for “third stage meeting” substitute “second stage meeting”; (ii) omit “or second”; (b) in paragraph (3)— (i) for “third stage meeting” substitute “second stage meeting”; (ii) omit “or a second stage meeting”.

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57 Amendment to regulation 32 (arrangement of a third stage meeting without a prior first or second stage meeting)

In regulation 32— (a) in the heading— (i) for “third stage meeting” substitute “second stage meeting”; (ii) omit “or second”; (b) in paragraph (1), in both places it occurs, for “third stage meeting” substitute “second stage meeting”.

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58 Amendment to regulation 33 (appointment of panel members)

In regulation 33— (a) in paragraph (1), for “third stage meeting” substitute “second stage meeting”; (b) in paragraph (9)— (i) at the end of sub-paragraph (a) insert “or”; (ii) omit sub-paragraph (b) and the “or” after it; (iii) in sub-paragraph (c), omit “25, 28,”; (c) after paragraph (10) insert— (11) For the purposes of paragraph (3)— (a) an MDP officer is to be treated as a senior officer, (b) a member of a relevant force is to be treated as if they hold a rank above that of chief superintendent, if they are required to perform the duties normally performed by a senior officer or member of a relevant force holding the rank above that of chief superintendent as the case may be. .

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59 Amendment to regulation 35 (procedure on receipt of notice of third stage meeting)

In regulation 35, in the heading and paragraph (3), for “third stage meeting” substitute “second stage meeting”.

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60 Amendment to regulation 36 (witnesses)

In regulation 36, in paragraphs (2)(b), (3) and (4), in each place it occurs, for “third stage meeting” substitute “second stage meeting”.

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61 Amendment to regulation 37 (timing and notice of third stage meeting)

In regulation 37, in the heading and paragraphs (1), (4), (5), (6), (8) to (10), in each place it occurs, for “third stage meeting” substitute “second stage meeting”.

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62 Amendment to regulation 38 (postponement and adjournment of a third stage meeting)

In regulation 38, in the heading and paragraph (1), in both places it occurs, for “third stage meeting” substitute “second stage meeting”.

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63 Amendment to regulation 39 (participation of Director General and investigator at third stage meeting)

In regulation 39, in the heading and paragraphs (2) and (3), for “third stage meeting” substitute “second stage meeting”.

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64 Amendment to regulation 40 (attendance of complainant or interested person at third stage meeting)

In regulation 40, in the heading and paragraphs (1), (2), (3) and (5), in each place it occurs, for “third stage meeting” substitute “second stage meeting”.

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65 Amendment to regulation 41 (attendance of others at a third stage meeting)

In regulation 41, in the heading and paragraphs (1), (4), (6), (7), (8)(a) and (c), (9) and (12), in each place it occurs, for “third stage meeting” substitute “second stage meeting”.

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66 Amendment to regulation 42 (exclusion from a third stage meeting)

In regulation 42, in the heading, for “third stage meeting” substitute “second stage meeting”.

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67 Amendment to regulation 43 (procedure at a third stage meeting)

In regulation 43, in the heading and paragraphs (1), (2) and (3), in each place it occurs, for “third stage meeting” substitute “second stage meeting”.

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68 Amendment to regulation 44 (finding)

In regulation 44(1)— (a) in the opening words, for “third stage meeting” substitute “second stage meeting”; (b) in sub-paragraph (a), for “24(6)(c)” substitute “16(6A)”; (c) in sub-paragraph (b)— (i) omit “final”; (ii) for “24(6)(c)” substitute “16(6A)”.

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69 Amendment to regulation 45 (outcomes)

In regulation 45— (a) in paragraph (3), in each of sub-paragraphs (d) and (e), omit “final”; (b) in paragraph (4), for “third stage meeting” substitute “second stage meeting”; (c) in paragraph (7)— (i) in the opening words, omit “or a final written improvement notice”; (ii) for sub-paragraph (c) substitute— (c) state that, if a sufficient improvement is not made within such period as the panel specifies in accordance with paragraph (7A), the officer may be required to attend another second stage meeting, and state the date with which this period ends; ; (d) after paragraph (7) insert— (7A) The period specified must be three months, except where the panel considers that there are circumstances which justify a longer period, in which case the period specified must be a reasonable period not exceeding 12 months. ; (e) in paragraph (8)— (i) in the opening words, for “the final” substitute “a”; (ii) in sub-paragraph (a)(i), for “third stage meeting” substitute “second stage meeting”.

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70 Omission of regulation 46 (assessment of performance or attendance following third stage meeting where a written improvement notice has been issued)

Omit regulation 46.

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71 Amendment to regulation 47 (assessment of performance or attendance following third stage meeting where a final written improvement notice has been issued or extended)

In regulation 47— (a) in the heading— (i) for “third stage meeting” substitute “second stage meeting”; (ii) omit “final”; (b) before paragraph (1) insert— (A1) This regulation applies where— (a) the period of a written improvement notice has been extended under regulation 45(3)(d), or (b) a written improvement notice has been issued under regulation 45(3)(e) or (6). ; (c) in paragraph (1), for the opening words substitute “As soon as reasonably practicable after the end of the period specified in accordance with regulation 45(7A) (issue of written improvement notice) or 45(8)(a)(i) (extension of written improvement notice)—”; (d) in paragraphs (2) and (3), in each place it occurs, for “third stage meeting” substitute “second stage meeting”; (e) in paragraph (4)— (i) omit “final”; (ii) for “regulation 45(7)(c)” substitute “regulation 45(7A)”; (iii) after “where the panel orders”, for “and” substitute “an”; (iv) for “regulation 45(8)(a)” substitute “regulation 45(8)(a)(i)”; (f) in paragraphs (5)(b) and (7), for “third stage meeting” substitute “second stage meeting”; (g) in paragraph (8)— (i) in sub-paragraph (a)— (aa) for “regulation 24(6)(c)” substitute “regulation 16(6A)”; (bb) for “under regulation 45(7)(c) or (8)(a)” substitute “in accordance with regulation 45(7A) or (8)(a)(i)”; (ii) in sub-paragraph (b), omit “final”; (h) in paragraph (9)— (i) for “third stage meeting” substitute “second stage meeting”; (ii) for “final written improvement notice issued or extended under regulation 45” substitute “written improvement notice issued or extended under regulation 45(3)(e), (6) or (8)”; (iii) for “regulation 45(8)(a)” substitute “regulation 45(8)(a)(i)”; (i) in paragraph (10), for “third stage meeting” substitute “second stage meeting”.

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72 Amendment to regulation 48 (third stage meeting under regulation 47)

In regulation 48— (a) in the heading, and paragraphs (1) and (2), in each place it occurs, for “third stage meeting” substitute “second stage meeting”; (b) in paragraph (2), omit “final”.

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73 Amendment of the Appeals Tribunals Regulations

The Appeals Tribunals Regulations are amended in accordance with this Chapter.

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74 Amendment to regulation 2 (interpretation and general provision as to written notices or documents)

In regulation 2— (a) in paragraph (1), in the definition of “original hearing”, for “third stage meeting” substitute “second stage meeting”; (b) in paragraph (3)— (i) in the opening words, for “Where” substitute “Subject to paragraph (4), where”; (ii) for sub-paragraph (b) substitute— (b) sent to the appellant by e-mail or other means of electronic communication, ; (c) after paragraph (3) insert— (4) Where it is not reasonably practicable to give or supply a written notice or document to the appellant under paragraph (3)(a) or (b) and there is no agreement under paragraph (3)(c), the written notice or document must be— (a) left with a person at the appellant’s last known address, or (b) sent to the appellant’s last known address by first class post or recorded delivery or other service which provides for delivery on the next working day (“by post”). (5) Delivery is effective on the date on which a written notice or document is given to the appellant under paragraph (3)(a) or (c) or left with a person at the appellant’s last known address under paragraph (4)(a). (6) Where a written notice or document is sent by e-mail or other means of electronic communication, it is to be taken to have been given or supplied to the appellant— (a) if the e-mail or other electronic communication is sent on a working day before 4.30 p.m., on that day, or (b) in any other case, on the next working day after the day on which it was sent. (7) Where a written notice of document is sent by post, it is to be taken to have been given or supplied to the appellant on the second working day after the day on which it was— (a) posted, or (b) left with, delivered to or collected by the relevant service provider. .

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75 Amendment to regulation 4 (circumstances in which an MDP officer may appeal to a tribunal - Performance Regulations)

In regulation 4— (a) in paragraph (2), for “third stage meeting” substitute “second stage meeting”; (b) in paragraph (4), in the opening words, for “third stage meeting” substitute “second stage meeting”; (c) in paragraph (5)— (i) in the opening words, for “third stage meeting” substitute “second stage meeting”; (ii) omit sub-paragraph (d); (d) in paragraph (6)(d)— (i) for “third stage meeting” substitute “second stage meeting”; (ii) omit “final”.

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76 Interpretation of Part 3

In this Part— “appellant” means an MDP officer or a former MDP officer who has given a notice of appeal in accordance with regulation 7 or 8 of the Appeals Tribunals Regulations; “chief constable” means the chief constable of the MDP; “the Commissioner” means the officer known as the Police Investigations and Review Commissioner, established under section 33 of the Police, Public Order and Criminal Justice (Scotland) Act 2006; “the Director General” means the Director General of the Independent Office for Police Conduct established under section 9(1) of the Police Reform Act 2002; “external procedures” means— in the case of external procedures established for England and Wales, procedures established with the Director General in accordance with an agreement made under section 26(1) of the Police Reform Act 2002; in the case of external procedures established for Northern Ireland, procedures established with the Police Ombudsman for Northern Ireland in accordance with an agreement made under section 60(1) of the Police (Northern Ireland) Act 1998; in the case of external procedures established for Scotland, procedures— established with the Commissioner in accordance with an agreement under article 4 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007; established with the Commissioner in accordance with an agreement under article 3(5) of the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013; or which apply where the Commissioner has been directed to investigate by an “appropriate prosecutor”, and for this purpose “appropriate prosecutor” has the meaning given by section 47 of the Police, Public Order and Criminal Justice (Scotland) Act 2006; “line manager” means the MDP officer or staff member who has immediate supervisory responsibility for the officer concerned; “MDP” means the Ministry of Defence Police; “MDP officer” means a member of the MDP; “pre-commencement allegation” means an allegation against an MDP officer or former MDP officer which came to the attention of a relevant authority, the Director General, the Commissioner or the Ombudsman before 6th October 2026; “relevant authority” has the meaning given in section 4(4) of the Ministry of Defence Police Act 1987; “staff member” means any person other than an MDP officer who is employed by the Secretary of State for Defence.

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77 Transitional provisions: amendments to the Conduct Regulations

(1) Subject to paragraphs (2) and (3), the amendments made by Chapters 2 and 3 of Part 2 do not have effect in relation to— (a) a pre-commencement allegation, or (b) an allegation against an MDP officer or former MDP officer which comes to the attention of a relevant authority on or after 6th October 2026 and which relates to a matter in respect of which a pre-commencement allegation against that person was made, if at the time the allegation is made the pre-commencement allegation is being handled in accordance with— (i) the Conduct Regulations as in force before 6th October 2026, or (ii) external procedures established for England and Wales, Northern Ireland, or Scotland. (2) Paragraph (1) does not apply where the Director General— (a) determines under section 13B of the 2002 Act (power of the Director General to require re-investigation) that a complaint or matter is to be re-investigated, or (b) makes a direction under section 28A(1) or (4) of the 2002 Act (application of Part 2 to old cases) in relation to a matter. (3) Paragraph (1) does not apply where the officer concerned was given a written notice on or after 6th October 2026 under— (a) regulation 29(1) of the Conduct Regulations (notice of referral to misconduct proceedings), or (b) regulation 51(1) of the Conduct Regulations (notice of referral to accelerated misconduct hearing).

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78 Transitional provisions: amendments to the Performance Regulations and the Appeals Tribunals Regulations

(1) The amendments made by Chapters 4 and 5 of Part 2 do not have effect in relation to— (a) unsatisfactory performance or attendance or gross incompetence which came to the attention of the line manager of an MDP officer, or the chief constable, before 6th October 2026, or (b) unsatisfactory performance or attendance or gross incompetence which came to the attention of the line manager of an MDP officer, or the chief constable, on or after 6th October 2026 but which relates to a matter being handled under the Performance Regulations as in force before 6th October 2026. (2) The amendments made by paragraphs (b) and (c) of regulation 74 do not have effect where notice of the appeal was given by an appellant under the Appeals Tribunals Regulations before 6th October 2026.

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