Search Legislation

Advanced Search

The Ministry of Defence Police Appeals Tribunals Regulations 2009

Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Interpretation

This section has no associated Explanatory Memorandum

3.—(1) In these Regulations—

“the 1967 Act” means the Police (Scotland) Act 1967(1);

“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 2009(2);

“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)(3), 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)given to the appellant in person; or

(b)left with some person at, or sent by recorded delivery to, the appellant’s last known address.

(3)

Paragraph 17 was amended by paragraph 11(3) of Schedule 2 to and paragraph 15 of Schedule 12 to the Serious Organised Crime and Police Act 2005, paragraph 89 of Schedule 1 to the Police and Justice Act 2006. Paragraph 18 was amended by paragraph 16 of Schedule 12 to the Serious Organised Crime and Police Act 2005. Paragraph 19 was amended by paragraph 17 of Schedule 12 to the Serious Organised Crime and Police Act 2005.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources