The Police (Conduct and Vetting etc.) (Amendment) Regulations 2026

17 Insertion of regulations 5A to 5F

After regulation 5 insert— Review of vetting clearance 5A (1) A vetting authority may from time to time carry out such checks as are necessary to assess whether, in respect of a police officer to whom it has granted vetting clearance— (a) there is information which indicates that the officer may no longer be suitable to hold vetting clearance, or (b) it is appropriate to add, vary or remove a condition to which the officer’s vetting clearance is subject. (2) A vetting authority must carry out a criminal history check in respect of a police officer to whom it has granted vetting clearance if— (a) the vetting authority has considered information concerning a change in the officer’s personal circumstances or other matter, and (b) the information does not, on its own, indicate that the officer may no longer be suitable to hold vetting clearance, but risk remains that warrants further assessment. (3) A vetting authority must assess whether either of the conditions mentioned in paragraph (1)(a) and (b) applies in respect of a police officer to whom it has granted vetting clearance if the officer— (a) has been subject to misconduct proceedings or an accelerated misconduct hearing, and (b) has not been dismissed. (4) Following a review of a police officer’s vetting clearance, a vetting authority may, if it considers it appropriate to do so, add, vary or remove a condition to which the vetting clearance is subject. Renewal of vetting clearance 5B (1) A vetting authority must send an application for vetting clearance to a police officer to whom it has granted vetting clearance on or before the renewal date of that vetting clearance. (2) The vetting authority may postpone the renewal date of the vetting clearance if there is good reason to do so. (3) A vetting authority may renew the vetting clearance of a police officer to whom it has granted vetting clearance only if— (a) the officer has submitted an application for vetting clearance to the vetting authority in a form and manner approved by the vetting authority, (b) the vetting authority has carried out a vetting application assessment in respect of the officer, and (c) the vetting authority is satisfied that the officer is suitable to hold vetting clearance. (4) Where a vetting authority renews vetting clearance, it— (a) must specify the renewal date of the vetting clearance being granted, and (b) may grant that vetting clearance subject to conditions. (5) A vetting authority may at any time require a police officer to submit to it a further application for vetting clearance for the purposes of assessing whether the officer’s vetting clearance may be renewed. Officers seeking to transfer from one police force to another 5C (1) This regulation applies where a police officer is seeking to transfer from one police force (“police force A”) to another police force (“police force B”). (2) The police officer may not be appointed to police force B unless the officer holds vetting clearance granted by the vetting authority of police force B no more than six months before the date of appointment. (3) Subject to paragraph (4), the vetting authority of police force B may only grant the police officer vetting clearance if— (a) the officer has submitted an application for vetting clearance to the vetting authority of police force B in a form and manner approved by the vetting authority of police force B, (b) the vetting authority of police force B has carried out a vetting application assessment in respect of the officer, and (c) the vetting authority of police force B is satisfied that the officer is suitable to hold vetting clearance. (4) The vetting authority of police force B may carry out a full vetting review, in place of the requirements referred to in paragraph (3)(a) and (b), if the following conditions are met— (a) police force A and police force B share a police vetting unit, (b) the vetting clearance granted to the police officer by police force A— (i) is at the level required to perform the duties of the role for which they are seeking appointment, and (ii) was granted within the period of 12 months ending with the date of appointment, and (c) the police vetting unit considers that a full vetting review is sufficient for the purposes of assessing the officer’s suitability to hold vetting clearance. (5) But vetting clearance which is granted to a police officer following a full vetting review under paragraph (4) is invalidated if the officer’s date of appointment is postponed with the result that the vetting clearance granted to the officer by police force A was granted more than 12 months before the date of appointment. (6) Where the vetting authority of police force B grants the police officer vetting clearance, it— (a) must specify the renewal date of the vetting clearance, and (b) may grant the vetting clearance subject to conditions. (7) Where the vetting authority of police force B declines to grant the police officer vetting clearance— (a) the vetting authority of police force B must, as soon as reasonably practicable after making its decision to decline to grant the officer vetting clearance, make a written report to the vetting authority of police force A setting out its decision and providing detailed reasons in writing for its decision, and (b) if regulation 4 does not apply, the vetting authority of police force A must carry out a full vetting review in respect of the officer. (8) If, after granting the police officer vetting clearance but before appointing the officer to police force B, the vetting authority of police force B considers that the officer is no longer suitable to hold vetting clearance, it must revoke the vetting clearance. (9) A police officer who has applied to police force B for vetting clearance or been granted vetting clearance by police force B must promptly notify the vetting authority of police force B of any change in their personal circumstance or any other matter which may reasonably affect their suitability to hold vetting clearance. (10) In this regulation— “full vetting review” means a review of whether a police officer continues to be suitable to hold vetting clearance which includes— a criminal history check, and any other checks which it is reasonable and proportionate to carry out for the purposes of assessing an officer's continued suitability to hold vetting clearance; “police vetting unit” means a unit of individuals specialised in the assessment of the suitability of police candidates or police officers to hold vetting clearance. Suitability to hold vetting clearance: criminal offences 5D (1) Paragraphs (2) and (3) apply for the purposes of any provision of these Regulations that requires a person to make an assessment in connection with the suitability of a police officer to hold vetting clearance. (2) A police officer is not suitable to hold vetting clearance if— (a) the officer has been convicted of a criminal offence for which the court imposed a custodial sentence, (b) the officer is, or has been, subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (notification and orders), (c) the officer has been convicted of, or given a caution for, a listed offence, (d) the officer has been convicted of an attempt or conspiracy to commit a listed offence, or (e) the officer has been convicted of, or given a caution for, an offence which the vetting authority has determined involved behaviour by the officer amounting to domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act), unless there are exceptional circumstances which justify the officer being regarded as suitable to hold vetting clearance notwithstanding the commission of that offence. (3) A police officer is also not suitable to hold vetting clearance if the officer has been convicted of, or given a caution for, any other offence, unless there are particular circumstances relevant to the officer’s case which justify the officer being regarded as suitable to hold vetting clearance notwithstanding the commission of that offence. Duty to provide police officer with detailed reasons for certain decisions 5E (1) Where a vetting authority makes a decision under this Part to— (a) grant a police officer vetting clearance subject to conditions, (b) decline to grant a police officer vetting clearance, (c) add or vary a condition to which a police officer’s vetting clearance is subject, or (d) revoke vetting clearance granted to a police officer, it must, subject to paragraph (2), provide the officer with detailed reasons in writing for its decision. (2) The vetting authority must not provide the police officer with information in so far as it considers that any of the reasons for preventing disclosure of information listed in regulation 8(2)(a) to (g) apply to that information. Right of appeal against decisions in respect of police officers 5F (1) A police officer may appeal against a decision of the vetting authority of the police force concerned to add or vary a condition to which the officer’s vetting clearance is subject. (2) A police officer who is seeking to transfer to another police force may appeal against a decision of the vetting authority of that police force to— (a) grant the officer vetting clearance subject to conditions, (b) decline to grant the officer vetting clearance, (c) add or vary a condition to which the officer’s vetting clearance is subject, or (d) revoke the officer’s vetting clearance. (3) The appeal must be made to a person nominated by the vetting authority whose decision is being appealed against (“the vetting appeal decision maker”) who— (a) has the appropriate level of knowledge, skills and experience to carry out the appeal, and (b) was not involved in the decision appealed against. (4) 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 decision which could have materially affected the decision; (c) there was procedural or other unfairness which could have materially affected the decision. (5) On completion of the appeal, the vetting appeal decision maker must make a written report to the vetting authority setting out its decision and the reasons for it. (6) Before making any decision to add or vary a condition to which a police officer’s vetting clearance is subject, the vetting appeal decision maker must consult with the vetting authority which granted the vetting clearance. (7) The vetting authority must uphold the decision of the vetting appeal decision maker. .