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48 provisions
25 Notification of outcome
The vetting authority must, as soon as practicable after making a decision under regulation 24(1)—
(a) notify the officer concerned of the outcome,
(b) subject to the harm test, send the officer concerned a copy of—
(i) the written report submitted under regulation 23(1), or such parts of that report as relate to the officer, together with any document attached to or referred to in that report which relates to the officer, and
(ii) any other document which might reasonably be considered to support or undermine the outcome of the withdrawal assessment, and
(c) where the officer concerned has had their vetting clearance withdrawn, send the officer a written notice of their dismissal and the right of appeal under regulation 26, including the name of the person to whom an appeal should be sent.
(1) Subject to the provisions of this regulation, the officer concerned may appeal against any decision to withdraw their vetting clearance under regulation 24.
(2) The only grounds of appeal under this regulation are that—
(a) the decision was unreasonable,
(b) there is evidence that could not reasonably have been considered as part of the withdrawal assessment which could have materially affected the decision, or
(c) there was a breach of the procedures set out in these Regulations or unfairness which could have materially affected the decision.
(3) An appeal under this regulation must be commenced by the officer concerned giving written notice of appeal to the vetting authority—
(a) before the end of the period of 15 working days beginning with the first working day after the outcome is notified to the officer under regulation 25, and
(b) stating the grounds of appeal and whether an appeal meeting is requested.
(4) The vetting authority may extend the period referred to in paragraph (3)(a) for exceptional circumstances.
(5) An appeal under this regulation must be determined by a panel constituted in accordance with regulation 27.
(6) The vetting authority must supply the panel with a copy of—
(a) the written report submitted under regulation 23(1), together with any document attached to or referred to in that report,
(b) any document of a kind referred to in regulation 25(b)(ii),
(c) the notice of appeal given by the officer concerned under paragraph (3), and
(d) any evidence of a kind referred to in paragraph (2)(b) that the officer wishes to submit in support of the appeal.
(7) The panel must determine whether the notice of appeal sets out arguable grounds of appeal and, if they decide that it does not, they must dismiss the appeal.
(1) A panel must comprise a chair and two other members.
(2) The panel chair—
(a) where the officer concerned is an officer other than a senior officer, must be the chief officer of police of the police force concerned, or
(b) where the officer concerned is a senior officer, must be HMCIC or an inspector of constabulary nominated by HMCIC.
(3) The second panel member must be appointed by the local policing body and—
(a) have qualifications or experience relevant for the purpose of withdrawal assessments,
(b) be selected on a fair and transparent basis from the list of candidates with such qualifications or experience maintained by the local policing body for the purpose of this sub-paragraph, and
(c) be a lay person, within the meaning set out in paragraph 10(aa) of Schedule 6 to the 1996 Act (interpretation).
(4) The third panel member must be appointed by the vetting authority and be—
(a) a senior officer, or
(b) unless paragraph (5) applies, a police staff member who, in the opinion of the vetting authority, is of at least a similar level of seniority to a senior officer.
(5) This paragraph applies if responsibility for chairing the panel has been delegated to a former senior officer or a police staff member in accordance with regulation 3(3)(b) or (c).
(6) No panel member may be an interested party.
(7) A chief officer of police who is required to chair a panel under paragraph (2) and who is an interested party must, without delay, delegate responsibility for chairing the panel to another person in accordance with regulation 3(3).
(8) Any decision of the panel must be based on a majority but must not indicate whether it was taken unanimously or by a majority.
(1) Where a panel is constituted in accordance with regulation 27, the vetting authority must as soon as practicable give the officer concerned written notice of the names of the panel members and the effect of paragraphs (4) to (7) of this regulation.
(2) Where the chief officer of police of the police force concerned delegates responsibility for chairing a panel to another person in accordance with regulation 3(3), the chief officer must as soon as practicable give the officer concerned written notice of the name of that person and the effect of paragraphs (4) to (7) of this regulation.
(3) Where a person is appointed to advise a panel chair in accordance with regulation 10(5), the vetting authority must as soon as practicable give the officer concerned written notice of the name of that person and the effect of paragraphs (4) to (7) of this regulation.
(4) The officer concerned may object to any person who is notified to them under the proceeding provisions of this regulation.
(5) Any such objection must—
(a) be made in writing to—
(i) the local policing body, where the objection is to a person appointed by that body,
(ii) the chief officer of police of the police force concerned, where the objection is to a person to whom responsibility has been delegated under regulation 3(3), or
(iii) the vetting authority in all other cases,
(b) be made before the end of 3 working days beginning with the first working day after the officer concerned is given notice of the person's name, and
(c) set out the grounds of objection of the officer concerned.
(6) The person to whom the objection is made must as soon as practicable notify the officer concerned in writing whether it upholds or rejects the objection.
(7) If the person to whom the objection is made upholds the objection, the person to whom the officer concerned objects must as soon as practicable be replaced in accordance with paragraph (8) or regulation 10(5) or 27 (as appropriate).
(8) Where the panel chair is the chief officer of police of the police force concerned and an objection is upheld against them, the chief officer must delegate responsibility for chairing the panel to another person in accordance with regulation 3(3).
(9) The vetting authority must, as soon as practicable after the person to whom the officer concerned objects is replaced, give the officer concerned written notice of the name of the replacement and the effect of paragraphs (10) and (11) of this regulation.
(10) The officer concerned may object to the replacement.
(11) In relation to an objection under paragraph (10) of this regulation—
(a) paragraph (5) applies except in so far as it specifies the period of time for making an objection,
(b) the objection must be made before the end of the period of 3 working days beginning with the first working day after the officer concerned is given the notice referred to in paragraph (9), and
(c) paragraphs (6) to (9) apply, with the exception of the requirement in paragraph (9) for the vetting authority to give written notice of the effects of paragraphs (10) and (11).
(1) This regulation applies where the officer concerned requests an appeal meeting in the written notice of appeal under regulation 26(3).
(2) If the panel determines under regulation 26(7) that the notice of appeal sets out arguable grounds of appeal, the panel must hold an appeal meeting with the officer concerned, subject to paragraphs (3) and (6), before the end of the period of 5 working days beginning with the first working day after that determination.
(3) The panel may extend the period referred to in paragraph (2) where they consider that it would be in the interests of justice to do so.
(4) The panel must specify a date and time for the appeal meeting.
(5) Paragraph (6) applies where—
(a) a date and time is specified under paragraph (4),
(b) the officer concerned or the officer’s police friend will not be available, and
(c) the officer concerned proposes an alternative date or time.
(6) Where this paragraph applies, the appeal meeting must be postponed to the alternative date or time, provided that such alternative date or time is reasonable and falls before the end of the period of 5 working days beginning with the first working day after the date specified by the panel.
(7) The vetting authority must give the officer concerned written notice of the date, time and place of the appeal meeting.
(8) The appeal meeting must not be held until the panel have received a copy of the documents required under regulation 26(6).
(9) The panel must determine the procedure at the appeal meeting and, in so far as it is set out in these Regulations, must determine it in accordance with these Regulations.
(10) No witness may give evidence at an appeal meeting unless the panel reasonably believes that it is necessary for the witness to do so in the interests of justice, in which case the panel must—
(a) where the witness is a police officer, cause that person to be ordered to attend the appeal meeting, and
(b) in any other case, cause the witness to be given notice that their attendance is necessary and of the date, time and place of the appeal meeting.
(11) The appeal meeting must be held in private.
(1) The panel may—
(a) confirm or reverse the decision appealed against, and
(b) where the panel reverses the decision appealed against, deal with the officer concerned in any manner in which the vetting authority could have dealt with the officer under regulation 24.
(2) The panel must give a summary of the reasons for its determination.
(3) Where the panel reverses the decision appealed against, the summary required under paragraph (2) must include a statement of the panel’s opinion as to how any risks identified as part of the withdrawal assessment should be managed.
(4) Before the end of the period of 3 working days beginning with the first working day after the panel’s determination, the vetting authority must give the officer concerned—
(a) written notice of the panel’s determination,
(b) a copy of the summary required under paragraph (2), and
(c) where the panel confirms the decision appealed against, written notice of the right of appeal to a police appeals tribunal.
(5) The decision of the panel takes effect by way of substitution for the decision of the vetting authority and as from the date on which the outcome was notified to the officer concerned under regulation 25.
31 Amendment of the Police Appeals Tribunal Rules 2020
(1) The Police Appeals Tribunals Rules 2020 are amended as follows.
(2) In rule 3 (interpretation and general provision as to written notices or documents)—
(a) after the definition of “the Performance Regulations” insert—
“the Vetting Regulations” means the Police (Vetting) Regulations 2025;
,
(b) after the definition of “disciplinary action” insert—
“original appeal” means, in relation to a decision which is being appealed to a tribunal in accordance with rule 5A, the appeal to the panel which made the relevant decision;
,
(c) in the definition of “original hearing”, after “means” insert “, in relation to a decision which is being appealed to a tribunal in accordance with rule 4, 5 or 6”,
(d) in the definition of “relevant decision”, after “5” insert “, 5A”, and
(e) in paragraph (2), for “or the Performance Regulations” substitute “, the Performance Regulations or the Vetting Regulations”.
(3) After rule 5 (circumstances in which a police officer may appeal to a tribunal – Performance Regulations) insert—
Circumstances in which a police officer may appeal to a tribunal – Vetting Regulations
5A (1) A police officer may appeal to a tribunal in reliance on one or more of the grounds of appeal referred to in paragraph (2) against any decision under regulation 30 of the Vetting Regulations to confirm a decision to withdraw their vetting clearance.
(2) The grounds of appeal under this rule are—
(a) that the decision was unreasonable;
(b) that there is evidence that could not reasonably have been considered as part of the withdrawal assessment which could have materially affected the decision, or
(c) that there was a breach of the procedures set out in the Vetting Regulations or unfairness which could have materially affected the decision.
.
(4) In rule 9 (notice of appeal), in paragraph (3), at the beginning, for “The” substitute “Where the officer or former officer wishes to appeal to the tribunal in accordance with rule 4, 5 or 6, the”.
(5) In rule 13 (procedure on notice of appeal)—
(a) in paragraph (3)(a)—
(i) after “original hearing” insert “or original appeal”,
(ii) for “Conduct Regulations or” substitute “Conduct Regulations,”, and
(iii) at the end, insert “or regulation 30(4) of the Vetting Regulations”,
(b) in paragraph (3)(b), at the end, insert “or original appeal”,
(c) in paragraph (6)—
(i) in sub-paragraph (a), after “5(6)(b)” insert “, 5A(2)(b)”, and
(ii) in sub-paragraph (b), in paragraph (ii), after “original hearing” insert “or as part of the original appeal”, and
(d) in paragraph (10)—
(i) in sub-paragraph (a), after “5(6)(b)” insert “, 5A(2)(b)”, and
(ii) in sub-paragraph (b), in paragraph (i), after “5(6)(b)” insert “, 5A(2)(b)”.
(6) In rule 22 (attendance at hearing)—
(a) after paragraph (2) insert—
(2A) Subject to paragraph (3), the hearing of an appeal brought in accordance with rule 5A must be held in private.
, and
(b) in paragraph (3), after “rule 5” insert “or 5A”.
(7) In rule 26 (statement of tribunal’s determination)—
(a) in paragraph (2)—
(i) after “rule 5(6)(b) or (c)” insert “, rule 5A(2)(b) or (c)”, and
(ii) for “or the Performance Regulations” substitute “, the Performance Regulations or the Vetting Regulations”,
(b) in paragraph (3), for “or the Performance Regulations” substitute “, the Performance Regulations or the Vetting Regulations”, and
(c) in paragraph (17), at the end, insert “or rule 5A”.
Regulation 2(1)
1 An offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child).
2 An offence under section 63CA of the Family Law Act 1996 (forced marriage: offence of breaching order).
3 An offence under either of the following provisions of the Protection from Harassment Act 1997—
(a) section 2A (offence of stalking);
(b) section 4A (offence of stalking involving fear of violence or serious alarm or distress).
4 An offence under the Female Genital Mutilation Act 2003.
5 An offence under any of the following provisions of the Sexual Offences Act 2003—
(a) Part 1 (sexual offences);
(b) section 103I (offence: breach of SHPO or interim SHPO etc.);
(c) section 122H (offence: breach of sexual risk order or interim sexual risk order etc.);
(d) Schedule 3 (sexual offences for the purposes of Part 2).
6 An offence under section 121 of the Anti-social Behaviour, Crime and Policing Act 2014 (offence of forced marriage: England and Wales).
7 An offence under any of the following provisions of the Criminal Justice and Courts Act 2015—
(a) section 33 (disclosing, or threatening to disclose, private sexual photographs and films with intent to cause distress), as in force before it was repealed by section 190 of the Online Safety Act 2023;
(b) section 36 (meeting a child following sexual grooming etc.);
(c) section 37 (possession of pornographic images of rape and assault by penetration respectively).
8 An offence under Part 5 of the Serious Crime Act 2015 (protection of children and others).
9 An offence under section 8 of the Stalking Protection Act 2019 (offence of breaching stalking protection order etc.).
10 An offence under either of the following provisions of the Domestic Abuse Act 2021—
(a) section 39 (breach of a domestic abuse protection order);
(b) section 69 (threats to disclose private sexual photographs).