The Ministry of Defence Police (Barred List and Advisory List) Regulations 2026
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Change 1
7 Removal on application of barred person
(1) Paragraph (2) applies where a person (“P”) has been included in the MDP barred list for the relevant minimum period or longer. (2) P may apply to the Secretary of State to be removed from the list if— (a) the application is P’s first application under this regulation, or (b) in any other case, the condition set out in paragraph (3) is met. (3) The condition in this paragraph is met if P makes the application— (a) on or after the date specified by the Secretary of State under paragraph (7) when dismissing P’s most recent application, or (b) if no date was specified under paragraph (7), after the expiry of the relevant minimum period beginning with the day on which the Secretary of State dismissed P’s most recent application. (4) An application under paragraph (2)— (a) must be made in the form and manner determined by the Secretary of State; (b) may contain any information or be accompanied by any other documents that P considers relevant to the application. (5) On considering P’s application, if the Secretary of State is— (a) satisfied that it is appropriate for P to be removed from the list, they must remove P as soon as reasonably practicable; (b) not satisfied that it is appropriate, they must dismiss the application. (6) In determining whether it is appropriate for P to be removed from the list the Secretary of State must have regard to— (a) the extent to which P has shown that P is suitable to be employed or otherwise appointed by a law enforcement employer, (b) the circumstances of the dismissal, or which led to the finding, by virtue of which P was included in the list, and (c) the impact on public confidence in the police of removing P from the list. (7) Where the Secretary of State dismisses P’s application, they may specify a date (being no later than the last day of the relevant minimum period beginning with the day on which the application is dismissed) before which no further application may be made by P under this regulation. (8) Before making a decision under paragraph (5) or (7), the Secretary of State may request further representations, information or documents from P. (9) The Secretary of State must give P notice of their decision on P’s application before the end of the period of five working days beginning with the day on which the decision is made. (10) In this regulation, “relevant minimum period”— (a) where P was included in the MDP barred list under paragraph 2(2)(a) of Schedule 25 and the reason for P’s dismissal (or one of the reasons for the dismissal) related to a finding that P’s performance constituted gross incompetence, means three years; (b) in any other case, means five years.
7 Removal on application of barred person
(1) Paragraph (2) applies where a person (“P”) has been included in the MDP barred list for the relevant minimum period or longer. (2) P may apply to the Secretary of State to be removed from the list if— (a) the application is P’s first application under this regulation, or (b) in any other case, the condition set out in paragraph (3) is met. (3) The condition in this paragraph is met if P makes the application— (a) on or after the date specified by the Secretary of State under paragraph (7) when dismissing P’s most recent application, or (b) if no date was specified under paragraph (7), after the expiry of the relevant minimum period beginning with the day on which the Secretary of State dismissed P’s most recent application. (4) An application under paragraph (2)— (a) must be made in the form and manner determined by the Secretary of State; (b) may contain any information or be accompanied by any other documents that P considers relevant to the application. (5) On considering P’s application, if the Secretary of State is— (a) satisfied that it is appropriate for P to be removed from the list, they must remove P as soon as reasonably practicable; (b) not satisfied that it is appropriate, they must dismiss the application. (6) In determining whether it is appropriate for P to be removed from the list the Secretary of State must have regard to— (a) the extent to which P has shown that P is suitable to be employed or otherwise appointed by a law enforcement employer, (b) the circumstances of the dismissal, or which led to the finding, by virtue of which P was included in the list, and (c) the impact on public confidence in the police of removing P from the list. (7) Where the Secretary of State dismisses P’s application, they may specify a date (being no later than the last day of the relevant minimum period beginning with the day on which the application is dismissed) before which no further application may be made by P under this regulation. (8) Before making a decision under paragraph (5) or (7), the Secretary of State may request further representations, information or documents from P. (9) The Secretary of State must give P notice of their decision on P’s application before the end of the period of five working days beginning with the day on which the decision is made. (10) In this regulation, “relevant minimum period”— (a) where P was included in the MDP barred list under paragraph 2(2)(a) of Schedule 25 and the reason for P’s dismissal (or one of the reasons for the dismissal) related to a finding that P’s performance constituted gross incompetence, means three years; (b) in any other case, means five years.
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