The Ministry of Defence Police Appeals Tribunals Regulations 2009

Appointment and composition of police appeals tribunal

5.—(1) The composition of the tribunal differs according to—

(a)whether the appellant was a senior officer immediately before the original hearing; and

(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)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 2007(1) on 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)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)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)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)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)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)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)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)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)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 duty from a station in the United Kingdom, the appellant is to be treated for those purposes as if serving at that station at that time.