(4)(a) or (4A)(a) (whichever is relevant).
;
d
in paragraph (6) -
i
for "For the purposes of this regulation" substitute "In this regulation - ";
ii
the definition of "appropriate staff association" becomes the first definition in this paragraph;
iii
after that definition insert -
"relevant time" means the time immediately before the person ceased to be a police officer.
.
Amendment of regulation 6 (notice of appeal)
27
In regulation 6 -
a
in paragraph (1) -
i
after "police officer" insert "or former police officer";
ii
after "the officer" insert "or former officer";
b
in paragraph (3), after "officer" insert "or former officer".
Amendment of regulation 7
28
In regulation 7 -
a
in paragraph (1), after "officer" insert "or a former police officer";
b
in paragraph (2) -
i
after "officer" insert "or a former police officer";
ii
after "officer's" insert "or former officer's".
Amendment of regulation 8 (the respondent)
29
In regulation 8 -
a
in paragraph (1), after "officer" insert "or was a senior officer at the relevant time";
b
in paragraph (2), after "officer" insert "or former police officer".
Amendment of regulation 9 (procedure on notice of appeal)
30
In regulation 9 -
a
in paragraph (5)(a), after "4(4)(b)" insert ", 4A(6)(b) or 4B(4)(b)";
b
in paragraph (9), after "4(4)(b)", in both places where it appears, insert ", 4A(6)(b) or 4B(4)(b)".
Amendment of regulation 14 (notice of the hearing)
31
In regulation 14 -
a
in paragraph (2), for "or 4A(6)(b)" substitute ", 4A(6)(b) or 4B(4)(b)";
b
in paragraph (5), after "4" insert "or 4B";
c
in paragraph (11)(a), for "officer concerned" substitute "appellant".
Amendment of regulation 15 (legal and other representation)
32
In regulation 15(4), for "an Agency" substitute "a".
Amendment of regulation 18 (attendance at hearing)
33
In regulation 18(1) , after "4" insert "or 4B".
Amendment of regulation 22 (tribunal's determination)
34
In regulation 22 -
a
in paragraph (1A) -
i
for "or regulation 4A(6)(b) or (c)" substitute ", regulation 4A(6)(b) or (c) or regulation 4B(4)(b) or (c)";
ii
omit "the relevant provisions of";
iii
at the end, insert "(as the case may be)";
b
for paragraph (1B) substitute -
1B
Where the tribunal remits the matter under paragraph (1A) and the relevant decision was the decision of a panel ("the original panel"), the matter must be decided by a fresh panel which is constituted in accordance with the Conduct Regulations or the Performance Regulations (as the case may be) but does not contain any of the members of the original panel.
;
c
after paragraph (8) insert -
9
In any case where the appellant is a former police officer and disciplinary action was imposed under the Conduct Regulations, if on determination of the appeal the tribunal's decision results in disciplinary action no longer being imposed, the relevant authority must notify the College of Policing of the tribunal's decision.
.
Tobias Ellwood
Parliamentary Under Secretary of State
Ministry of Defence
29th October 2018
SCHEDULE
Modifications to the Conduct