The Ministry of Defence Police Appeals Tribunals Regulations 2009
| Jurisdiction | UK Non-devolved |
| Citation | SI 2009/3070 |
2009 No. 3070
Police
The Ministry of Defence Police Appeals Tribunals Regulations 2009
Made 21th November 2009
Coming into force 1st December 2009
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 4A of the Ministry of Defence Police Act 19871.
In accordance with section 4A(6) of the Ministry of Defence Police Act 1987, a draft of these Regulations were laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement and extent
1. These Regulations may be cited as the Ministry of Defence Police Appeals Tribunals Regulations 2009 and shall come into force on 1st December 2009.
Revocation and transitional provisions
2.—(1) Subject to paragraph (2), the Ministry of Defence Police Appeal Tribunal Regulations 20042(“the 2004 Regulations”) are revoked.
(2) In relation to an appeal against a decision made in accordance with the Ministry of Defence Police (Conduct) Regulations 20043or the Ministry of Defence Police (Conduct) (Senior Officers) Regulations 20044(as the case may be), nothing in these Regulations shall apply and the 2004 Regulations shall continue to have effect.
Interpretation
3.—(1) In these Regulations—
“the 1967 Act” means the Police (Scotland) Act 19675;
“appellant” means a police officer who has given a notice of appeal in accordance with regulation 6 or 7;
“chair” for the purposes of regulations 6 to 11 means the chair appointed under regulation 5(3) or 5(5) (as the case may be); and for the purposes of regulations 12 to 22 means the chair of the tribunal;
“Conduct Regulations” means the Ministry of Defence Police (Conduct) Regulations 20096;
“original hearing” means the misconduct meeting, misconduct hearing or special case hearing under the Conduct Regulations, at or following which the relevant decision was made;
“panel” includes a person who conducted a special case hearing under the Conduct Regulations;
“relevant decision” means the finding, disciplinary action or outcome which may be appealed or is being appealed to a tribunal in accordance with regulation 4, and related expressions shall be construed accordingly;
“head of HR” means the head of Human Resources in the Agency or, if there ceases to be such an office, the person who in the opinion of the Ministry of Defence Police Committee for the time being exercises comparable functions to those exercisable by the holder of that office;
“respondent” has the meaning given by regulation 8;
“specified appeal” means an appeal where the relevant decision arose from a complaint or conduct matter to which—
(a) in relation to England and Wales, paragraph 17, 18 or 19 of Schedule 3 to the 2002 Act (investigations)7, or
(b) in relation to Northern Ireland, section 54, 56 or 57 of the 1998 Act,
applies; and
“tribunal”, in relation to a case or appeal, means the police appeals tribunal appointed to determine the case or appeal;
(2) In these Regulations, any expression which is also used in the Conduct Regulations shall have the same meaning as in those Regulations.
(3) Where any written notice or document is to be given or supplied to the appellant under these Regulations, it shall be—
(a)
(a) given to the appellant in person; or
(b)
(b) left with some person at, or sent by recorded delivery to, the appellant’s last known address.
Circumstances in which a police officer may appeal to a tribunal
4.—(1) Subject to paragraph (3), a police officer to whom paragraph (2) applies may appeal to a tribunal in reliance on one or more of the grounds of appeal referred to in paragraph (4) against—
(a)
(a) the finding referred to in paragraph (2)(a), (b) or (c) made under the Conduct Regulations; or
(b)
(b) the disciplinary action, if any, imposed under the Conduct Regulations in consequence of that finding,
or both.
(2) This paragraph applies to—
(a)
(a) an officer other than a senior officer against whom a finding of misconduct or gross misconduct has been made at a misconduct hearing; or
(b)
(b) a senior officer against whom a finding of misconduct or gross misconduct has been made at a misconduct meeting or a misconduct hearing; or
(c)
(c) an officer against whom a finding of gross misconduct has been made at a special case hearing.
(3) A police officer may not appeal to a tribunal against the finding referred to in paragraph (2)(a), (b) or (c) where that finding was made following acceptance by the officer that the conduct amounted to misconduct or gross misconduct (as the case may be).
(4) The grounds of appeal under this regulation are—
(a)
(a) that the finding or disciplinary action imposed was unreasonable; or
(b)
(b) that there is evidence that could not reasonably have been considered at the original hearing which could have materially affected the finding or decision on disciplinary action; or
(c)
(c) that there was a breach of the procedures set out in the Conduct Regulations, the Complaints Regulations8, Schedule 3 to the 2002 Act9, part VII of the 1998 Act, or other unfairness which could have materially affected the finding or decision on disciplinary action.
Appointment and composition of police appeals tribunal
5.—(1) The composition of the tribunal differs according to—
(a)
(a) whether the appellant was a senior officer immediately before the original hearing; and
(b)
(b) whether the appellant was a member of the force serving in England and Wales, Scotland or Northern Ireland at the time the relevant conduct occurred or began.
(2) If the appellant was a senior officer immediately before the original hearing, the tribunal is to consist of three members appointed by the head of HR, of whom—
(a)
(a) if the appellant was serving in England and Wales or in Northern Ireland —
(i) one shall be a person chosen from a list of persons who satisfy the judicial-appointment eligibility condition within the meaning of section 50 of the Tribunals, Courts and Enforcement Act 200710on a 5-year basis and who have been nominated by the Lord Chancellor for the purposes of this regulation;
(ii) one shall be HMCIC or an inspector of constabulary nominated by HMCIC; and
(iii) one shall be the chair of the Ministry of Defence Police Committee or another member of that Committee nominated by that chair;
(b)
(b) if the appellant was serving in Scotland—
(i) one shall be a person chosen from a list of persons who have been nominated by the Lord President of the Court of Session for the purposes of Schedule 3 to the 1967 Act;
(ii) one shall be the chair of the Ministry of Defence Police Committee or another member of that Committee nominated by that chair; and
(iii) one shall be a person who is (or has within the previous five years been) an inspector of constabulary for the purposes of section 33 of the 1967 Act.
(3) The member of the tribunal within paragraph (2)(a)(i) or (b)(i) shall be the chair.
(4) If the appellant was a police officer (other than a senior officer) immediately before the original hearing, the tribunal is to consist of four members appointed by the head of HR, of whom—
(a)
(a) if the appellant was serving in England and Wales or in Northern Ireland—
(i) one shall be a person chosen from the list referred to in paragraph (2)(a)(i);
(ii) one shall be a senior officer;
(iii) one shall be a member of the Ministry of Defence Police Committee; and
(iv) one shall be a retired member of the force or an alternative police force who, at the time of the retirement, was a member of an appropriate staff association;
(b)
(b) if the appellant was serving in Scotland—
(i) one shall be a person chosen from the list referred to in paragraph (2)(b)(i);
(ii) one shall be a member of the Ministry of Defence Police Committee;
(iii) one shall be a person chosen from a list maintained by the Secretary of State for the purposes of paragraph 2(1)(c) of Schedule 3 to the 1967 Act of persons who are (or have within the last five years been) chief constables, other than a person who is (or has at any time been) chief constable of the force; and
(iv) one shall be a retired member of the force or an alternative police force who, at the time of the retirement, was of an appropriate rank.
(5) The member of the tribunal within paragraph (4)(a)(i) or (b)(i) shall be the chair.
(6) For the purposes of this regulation “appropriate staff association” means—
(a)
(a) the Defence Police Federation, where the panel member was, at the time of the retirement, a member of the force other than a senior officer;
(b)
(b) the Police Superintendents’ Association of England and Wales, where the panel member was, at the time of the retirement, a member of a police force maintained under section 2 of the 1996 Act of the rank of chief superintendent or superintendent; or
(c)
(c) the Police Federation of England and Wales, where the panel member was, at the time of the retirement, a member of a police force maintained under section 2 of the 1996 Act below the rank of superintendent; or
(d)
(d) the Police Federation for Northern Ireland, where the panel member was, at the time of the retirement a member of the Police Service for Northern Ireland..
(7) For the purposes of this regulation “appropriate rank” means—
(a)
(a) where the appellant was, immediately before the original hearing, of the rank of chief superintendent or superintendent, the same rank (as the case may be); or
(b)
(b) in any other case, the rank of chief inspector or below.
(8) If at any time that is relevant for the purposes of this regulation, the appellant was serving outside the United Kingdom on detached...
To continue reading
Request your trial