The Ministry of Defence Police (Barred List and Advisory List) Regulations 2026
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Change 1
9 Review of publication
(1) This regulation applies where information in relation to a person (“P”) who is included in the MDP barred list is published by the Secretary of State under regulation 8. (2) The Secretary of State must consider any matter which comes to their attention (including by way of representations made in a written statement under regulation 25(5B) of the Appeals Tribunals Regulations) which may be relevant to the question of whether the continued publication of some or all of the information in relation to P— (a) is against the interests of national security, (b) might prejudice the investigation or prosecution of a criminal offence or any civil proceedings, or (c) is resulting in a significant risk of harm to any person (including P). (3) Where, having considered the matter, the Secretary of State decides that continuing to publish any of the information in relation to P has any of the effects mentioned in paragraph (2), they must cease to publish all of the information in relation to P. (4) Where the Secretary of State is required to cease publishing the information under paragraph (3), they must do so before the end of the period of five working days beginning with the day on which they makes the determination under that paragraph. (5) Where, after the Secretary of State has ceased publication of the information under paragraph (3), they become aware that the circumstances which led to that decision no longer apply, they must republish the information for the remainder of the required period. (6) Where the Secretary of State decides that continuing to publish the information would not have the effects described in paragraph (2) in a particular case, they are not required to review that decision if there has been no material change in the circumstances which led to that decision. (7) Where the Secretary of State removes a person from the MDP barred list, they must cease to publish the information in relation to P. (8) In this regulation “required period” means the period for which the Secretary of State is required to publish the information under regulation 8(3)(c), ending no later than the end of the period of five years beginning with the day on which the information was first published by them.
9 Review of publication
(1) This regulation applies where information in relation to a person (“P”) who is included in the MDP barred list is published by the Secretary of State under regulation 8. (2) The Secretary of State must consider any matter which comes to their attention (including by way of representations made in a written statement under regulation 25(5B) of the Appeals Tribunals Regulations) which may be relevant to the question of whether the continued publication of some or all of the information in relation to P— (a) is against the interests of national security, (b) might prejudice the investigation or prosecution of a criminal offence or any civil proceedings, or (c) is resulting in a significant risk of harm to any person (including P). (3) Where, having considered the matter, the Secretary of State decides that continuing to publish any of the information in relation to P has any of the effects mentioned in paragraph (2), they must cease to publish all of the information in relation to P. (4) Where the Secretary of State is required to cease publishing the information under paragraph (3), they must do so before the end of the period of five working days beginning with the day on which they makes the determination under that paragraph. (5) Where, after the Secretary of State has ceased publication of the information under paragraph (3), they become aware that the circumstances which led to that decision no longer apply, they must republish the information for the remainder of the required period. (6) Where the Secretary of State decides that continuing to publish the information would not have the effects described in paragraph (2) in a particular case, they are not required to review that decision if there has been no material change in the circumstances which led to that decision. (7) Where the Secretary of State removes a person from the MDP barred list, they must cease to publish the information in relation to P. (8) In this regulation “required period” means the period for which the Secretary of State is required to publish the information under regulation 8(3)(c), ending no later than the end of the period of five years beginning with the day on which the information was first published by them.
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