The Ministry of Defence Police (Barred List and Advisory List) Regulations 2026
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Change 1
8 Information to be published
(1) This regulation applies in relation to a person (“P”) who is included in the MDP barred list under paragraph 2(2) of Schedule 25 where— (a) in the case of inclusion in the barred list under paragraph 2(2)(a) of that Schedule, P was dismissed at disciplinary proceedings under the Conduct Regulations; (b) in the case of inclusion in the barred list under paragraph 2(2)(b) of that Schedule, the finding by virtue of which P was included in the list was made at disciplinary proceedings under those Regulations as they apply to former MDP constables. (2) Subject to paragraph (4), the Secretary of State must publish, in relation to P, the information mentioned in regulation 3(1)(a), (c), (d)(i) or (e)(i) (as the case may be), (f) and (g). (3) The information published under paragraph (2) must— (a) be published in such manner as the Secretary of State considers appropriate, (b) be published no later than the last working day of the month following the month in which P was included in the barred list, (c) subject to regulation 9, remain published by the Secretary of State for a period of five years beginning with the day on which it is first published, and (d) cease to be published by them at the end of that period. (4) But the Secretary of State must not publish any of the information in relation to P if to publish some or all of that information— (a) would be against the interests of national security, (b) might prejudice the investigation or prosecution of a criminal offence or any civil proceedings, or (c) would result in a significant risk of harm to any person (including P). (5) In determining whether paragraph (4) applies, the Secretary of State must have regard to— (a) any information provided by the person chairing the misconduct meeting or the person conducting or chairing the accelerated misconduct proceedings in accordance with regulation 41 or 62 of the Conduct Regulations (as the case may be), and (b) the extent to which (and manner in which) any of the information in relation to P has already been made available to the public. (6) Where, after the Secretary of State has decided that paragraph (4) applies, they become aware that the circumstances which led to that decision no longer apply, they must publish the information.
8 Information to be published
(1) This regulation applies in relation to a person (“P”) who is included in the MDP barred list under paragraph 2(2) of Schedule 25 where— (a) in the case of inclusion in the barred list under paragraph 2(2)(a) of that Schedule, P was dismissed at disciplinary proceedings under the Conduct Regulations; (b) in the case of inclusion in the barred list under paragraph 2(2)(b) of that Schedule, the finding by virtue of which P was included in the list was made at disciplinary proceedings under those Regulations as they apply to former MDP constables. (2) Subject to paragraph (4), the Secretary of State must publish, in relation to P, the information mentioned in regulation 3(1)(a), (c), (d)(i) or (e)(i) (as the case may be), (f) and (g). (3) The information published under paragraph (2) must— (a) be published in such manner as the Secretary of State considers appropriate, (b) be published no later than the last working day of the month following the month in which P was included in the barred list, (c) subject to regulation 9, remain published by the Secretary of State for a period of five years beginning with the day on which it is first published, and (d) cease to be published by them at the end of that period. (4) But the Secretary of State must not publish any of the information in relation to P if to publish some or all of that information— (a) would be against the interests of national security, (b) might prejudice the investigation or prosecution of a criminal offence or any civil proceedings, or (c) would result in a significant risk of harm to any person (including P). (5) In determining whether paragraph (4) applies, the Secretary of State must have regard to— (a) any information provided by the person chairing the misconduct meeting or the person conducting or chairing the accelerated misconduct proceedings in accordance with regulation 41 or 62 of the Conduct Regulations (as the case may be), and (b) the extent to which (and manner in which) any of the information in relation to P has already been made available to the public. (6) Where, after the Secretary of State has decided that paragraph (4) applies, they become aware that the circumstances which led to that decision no longer apply, they must publish the information.
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