- accelerated misconduct hearing
means a hearing to which the officer concerned is referred under regulation 49 after the case has been certified as one where the special conditions are satisfied;
- allegation
means an allegation relating to a complaint, conduct matter or practice requiring improvement;
- an inspector of constabulary
means— (a) in relation to England and Wales and Northern Ireland, an inspector of constabulary appointed under section 54(1) of the Police Act 1996;
- appeal meeting
means a meeting held in accordance with regulation 45;
- appellant
means an MDP officer or a former MDP officer who has given a notice of appeal in accordance with regulation 7 or 8;
- appropriate person
means a person who has an appropriate level of knowledge, skills and experience to plan and manage the investigation.
- appropriate prosecutor
has the meaning given by section 47 of the Police, Public Order and Criminal Justice (Scotland) Act 2006;
- chair
means the person appointed in accordance with regulation 6(2)(a), 6(3)(a) or 6(4)(a) as the case may be;
- chief constable
means the chief constable of the MDP;
- complainant
means a person who makes a complaint, or on behalf of whom a complaint is made, where that complaint is being or has been investigated under external procedures established for England and Wales, Northern Ireland or Scotland;
- complaint
means an expression of dissatisfaction about the conduct of an MDP officer which has been investigated under external procedures established for England and Wales, Northern Ireland or Scotland;
- Condition C person
means a person in relation to whom regulation 3(2)(a) and (5)(a) and (b) is satisfied;” “• “Condition C special determination” has the meaning given in regulation 5A(4);” “• “disciplinary action for gross misconduct” means a finding that the officer concerned would have been dismissed if the officer had not ceased to be an MDP officer;” “• “MDP officer” and “officer” mean, except in regulations 3 (application), 6 (police friend) and 7 (legal and other representation), a person who has ceased to be a member of the MDP;” “• “relevant time” means the time immediately before the officer concerned ceased to be a member of the MDP;”
- Condition C special determination
has the meaning given in regulation 5A(4);” “• “disciplinary action for gross misconduct” means a finding that the officer concerned would have been dismissed if the officer had not ceased to be an MDP officer;” “• “MDP officer” and “officer” mean, except in regulations 3 (application), 6 (police friend) and 7 (legal and other representation), a person who has ceased to be a member of the MDP;” “• “relevant time” means the time immediately before the officer concerned ceased to be a member of the MDP;”
- conduct
includes acts, omissions, statements and decisions (whether actual, alleged or inferred);
- Convention rights
has the meaning given to it in section 1 of the Human Rights Act 1998;
- criminal proceedings
means— (a) any prospective criminal proceedings, or (b) all criminal proceedings brought which have not been brought to a conclusion (apart from the bringing and determination of any appeal other than an appeal against conviction);
- Director General
means the Director General of the Independent Office for Police Conduct, established under section 9 of the 2002 Act;
- disciplinary action
means, in order of seriousness starting with the least serious action— (a) a written warning, (b) a final written warning, (c) reduction in rank, or (d) dismissal without notice;
- disciplinary action for gross misconduct
means a finding that the officer concerned would have been dismissed if the officer had not ceased to be an MDP officer;” “• “MDP officer” and “officer” mean, except in regulations 3 (application), 6 (police friend) and 7 (legal and other representation), a person who has ceased to be a member of the MDP;” “• “relevant time” means the time immediately before the officer concerned ceased to be a member of the MDP;”
- disciplinary proceedings
means— (a) misconduct proceedings under Part 4 of these Regulations, (b) an accelerated misconduct hearing under Part 5 of these Regulations, or (c) an appeal from a misconduct hearing or from an accelerated misconduct hearing under the Appeals Tribunals Regulations;
- document
means anything in which information of any description is recorded;
- extended special unpaid leave
means unpaid leave for a period of more than three months which the Secretary of State has agreed may be taken by the officer concerned;
- external procedures
means— (a) in the case of external procedures established for England and Wales, procedures established with the Director General in accordance with an agreement made under section 26(1) of the 2002 Act;
- first stage appeal meeting
has the meaning given to it by regulation 18(8);
- first stage meeting
has the meaning given to it by regulation 14;
- former senior officer
includes a person who—
- gross incompetence
means a serious inability or serious failure of an MDP officer to perform the duties of the officer’s rank or the role the officer is currently undertaking to a satisfactory standard or level, without taking into account the officer’s attendance, to the extent that dismissal would be justified and “grossly incompetent” is to be construed accordingly;
- gross misconduct
means a breach of the Standards of Professional Behaviour that is so serious as to justify dismissal, and for the purposes of these Regulations conduct which has resulted in a conviction for an indictable-only offence is to be taken to constitute such a breach;
- harm test
has the meaning given to it in regulation 5;
- Head of HR
means the head of HR for the MDP in the Ministry of Defence;
- human resources professional
means an MDP officer or staff member who has specific responsibility for personnel matters relating to members of the MDP;
- informant
means a person who provides information to an investigation on the basis that the person’s identity is not disclosed during the course of the disciplinary proceedings;
- interested party
means a person whose appointment could reasonably give rise to a concern as to whether the person could act impartially under these Regulations;
- interested person
means any person who the Director General, the Ombudsman or a relevant authority consider has an interest in being kept informed about the handling of a complaint under external procedures established for England and Wales, Northern Ireland or Scotland, where that person has given consent to being kept so informed;
- investigator
means a person— (a) appointed under regulation 14 of the Conduct Regulations, or (b) appointed or, as the case may be, designated as an investigator under external procedures established for England and Wales.
- law enforcement employer
has the meaning given in section 206(1) of the Crime and Policing Act 2026. 5B 1 Before making a Condition C special determination the Director General— a must give a notification in writing to— i any complainant, ii any interested person, and iii the officer concerned, b must consult— i the Ombudsman, where the case has been investigated by the Ombudsman, ii the Commissioner, where the case has been investigated by the Commissioner, c may consult any other person the Director General thinks appropriate. 2 A notification under paragraph (1)(a) must— a state that the Director General is to make a Condition C special determination and the consequences of such a determination;
- lay person
has the meaning given in paragraph 10 of Schedule 6 to the Police Act 1996;
- legally qualified person
means a person who satisfies the judicial-appointment eligibility condition on a 5-year basis.
- line manager
means the MDP officer or staff member who has immediate supervisory responsibility for the officer concerned;
- MDP
means Ministry of Defence Police;
- misconduct
means a breach of the Standards of Professional Behaviour that is so serious as to justify disciplinary action;
- misconduct hearing
means a hearing to which an officer may be referred under regulation 20D(3) or (6), 20E(5)(a) or 23(8)(a) to determine whether the conduct of the officer amounts to gross misconduct and, if so, what disciplinary action should be imposed;”
- misconduct meeting
means a meeting to which the officer concerned has been referred under regulation 23 to determine whether the conduct of the officer amounts to misconduct or not and, if it amounts to misconduct, what disciplinary action should be imposed;
- misconduct proceedings
means a misconduct meeting or misconduct hearing;
- nominated person
means a person appointed by the senior manager in accordance with regulation 8;
- officer concerned
means the MDP officer, or former MDP officer, in relation to whose conduct as an MDP officer there has been an allegation;
- Ombudsman
means the Police Ombudsman for Northern Ireland;
- original appeal
means, in relation to a decision which is being appealed to a tribunal in accordance with regulation 4A, the appeal to the panel which made the relevant decision;
- original hearing
means, in relation to a decision which is being appealed to a tribunal in accordance with regulation 3, 4 or 5 — (a) the misconduct hearing or accelerated misconduct hearing under the Conduct Regulations, or (b) a second stage meeting under the Performance Regulations, at or following which the relevant decision was made;
- panel
means a panel appointed by the relevant authority in accordance with regulation 33 subject to any change to the membership of that panel in accordance with regulation 34 and regulations 47;
- participating officer
means the MDP officer whose actions or behaviour are subject to the reflective practice review process, and • “reviewer” means the person who is conducting the reflective practice review process.
- police friend
means a person chosen by the officer concerned in accordance with regulation 6;
- practice requiring improvement
means underperformance or conduct not amounting to misconduct or gross misconduct, which falls short of the expectations of the public and the police service...;
- pre-commencement allegation
means an allegation against an MDP officer which came to the attention of a relevant authority before the coming into force of these Regulations;
- proposed witness
means a witness whose attendance at the misconduct proceedings the officer concerned or the relevant authority, as the case may be, wishes to request of the person conducting or chairing those proceedings;
- protected disclosure
has the meaning given by section 43A of the Employment Rights Act 1996 (meaning of protected disclosure), or, in Northern Ireland, in Article 76B of the Employment Rights (Northern Ireland) Order 1996.
- reflective practice review process
means the process set out in Part 6;
- relevant authority
has the meaning given in section 4(4) of the 1987 Act;
- relevant body
means—
- relevant decision
means the finding or decision as to the disciplinary action or outcome which may be appealed or is being appealed to a tribunal in accordance with regulation 3, 4, 4A or 5;
- relevant disciplinary proceedings
means— a a misconduct hearing under Part 4 of these Regulations;
- relevant force
has the meaning given in section 2B(3) of the 1987 Act;
- relevant lawyer
has the meaning given in section 4(4) of the 1987 Act;
- relevant period
means, in relation to an application by the appellant, the period referred to in regulation 11(6)(a) or (b) and, in relation to an application by the respondent, the period referred to in regulation 11(2) or (8).
- relevant prosecutor
means—
- relevant terms of the written improvement notice
has the meaning given to it by regulation 18;
- relevant time
means, in relation to a former MDP officer, the time immediately before the former officer ceased to be such an officer;
- responsible authority
means— (a) in relation to the delegation of responsibility for chairing or conducting disciplinary proceedings under regulation 2(4A), the chief constable;
- reviewer
means the person who is conducting the reflective practice review process.
- second stage meeting
has the meaning given to it by regulation 29(2) or 31(3), as the context requires;
- senior human resources professional
means a human resources professional who, in the opinion of the relevant authority, has sufficient seniority, skills and experience to be a panel chair.
- senior officer
means a member of the MDP holding a rank above that of chief superintendent;
- severity assessment
has the meaning given to it in regulation 13;
- special conditions
has the meaning given to it in regulation 49;
- specified appeal
means— (a) in relation to England and Wales, an appeal where paragraph 16 of Schedule 3 to the 2002 Act (investigations by the appropriate authority on its own behalf) applied and— (a) the Director General— (aa) made a recommendation under paragraph 25(4C)(c) of that Schedule (reviews with respect to an investigation) which the relevant authority accepted, (bb) made a recommendation under paragraph 27(3A) of that Schedule (recommendation of Director General to authority) in relation to the unsatisfactory performance of an MDP officer, or (cc) gave a direction under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings), or (b) the Secretary of State for Defence made a recommendation under paragraph 25(4E)(c) of that Schedule (reviews with respect to an investigation) which the relevant authority accepted;
- staff association
means the Defence Police Federation;
- staff member
means any person other than an MDP officer who is employed by the Secretary of State for Defence;
- Standards of Professional Behaviour
has the meaning given in regulation 4 and references in these Regulations to the Standards of Professional Behaviour are to be construed accordingly.
- the 1987 Act
means the Ministry of Defence Police Act 1987;
- the 1998 Act
means the Police (Northern Ireland) Act 1998;
- the Appeals Tribunals Regulations
means the Regulations set out in Schedule 5;
- the Barred List and Advisory List Regulations 2026
means the Ministry of Defence Police (Barred List and Advisory List) Regulations 2026;
- the Chief Inspector of Constabulary
means— (a) in relation to England and Wales and Northern Ireland, His Majesty’s Chief Inspector of Constabulary appointed under section 54(1) of the Police Act 1996;
- the Commissioner
means the officer known as the Police Investigations and Review Commissioner, established under section 33 of the Police, Public Order and Criminal Justice (Scotland) Act 2006;
- the Conduct Regulations
means the Regulations set out in Schedule 1;
- the MDP barred list
has the meaning given in section 211 of the Crime and Policing Act 2026;
- the parties
means— (a) the relevant authority and the officer concerned, and (b) the Director General or the Ombudsman, as the case may be, where the Director General has decided to present the case under regulation 24(1) or the Ombudsman is required to present the case under regulation 24(6);
- the Performance Regulations
means the Regulations set out in Schedule 4;
- the Vetting Regulations
means the Ministry of Defence Police (Vetting) Regulations 2026;
- the2002 Act
means the Police Reform Act 2002;
- tribunal
means the police appeals tribunal appointed under regulation 6.
- vulnerable person
means a person who, by reason of age, disability or ill-health, is, or may be, unable to— a take care of themselves, or b protect themselves against harm or exploitation. 9 In paragraph (7)(a) “law enforcement employer” has the meaning given in section 206(1) of the Crime and Policing Act 2026. 5B 1 Before making a Condition C special determination the Director General— a must give a notification in writing to— i any complainant, ii any interested person, and iii the officer concerned, b must consult— i the Ombudsman, where the case has been investigated by the Ombudsman, ii the Commissioner, where the case has been investigated by the Commissioner, c may consult any other person the Director General thinks appropriate. 2 A notification under paragraph (1)(a) must— a state that the Director General is to make a Condition C special determination and the consequences of such a determination;
- working day
means any day other than— (a) a Saturday or Sunday, (b) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales, Scotland or Northern Ireland, (c) a day which is a public holiday in England, Wales, Scotland or Northern Ireland.