Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Police Regulations 2003 (S.I. 2003/527) (“the Police Regulations”), the Police (Conduct) Regulations 2020 (S.I. 2020/4) (“the Conduct Regulations”), the Police (Performance) Regulations 2020 (S.I. 2020/3) (“the Performance Regulations”), the Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2) (“the Complaints and Misconduct Regulations”) and the Police Appeals Tribunals Rules 2020 (S.I. 2020/1) (“the PAT Rules”).

Part 2 amends the Police Regulations. Regulation 3 provides that a special constable must be on probation for such period as the Secretary of State determines. Regulation 4 provides that a special constable may be discharged under regulation 13 of the Police Regulations by a chief officer of police. It also provides that a chief officer may delegate their functions under regulation 13 to a senior officer, former senior officer or senior police staff member.

Part 3 amends the Conduct Regulations. Regulation 5 gives effect to the Schedule. The Schedule introduces a presumption that a former police officer should be referred to an accelerated misconduct hearing rather than a misconduct hearing unless the officer opts for a misconduct hearing or the appropriate authority determines that a misconduct hearing is necessary. Regulation 6 makes various changes to the interpretative provisions, including to clarify that a conviction for an indictable-only offence will always amount to gross misconduct. Regulations 7, 10 and 14 correct errors in (respectively) regulations 4, 15 and 28 of the Conduct Regulations. Regulation 8 provides that written notices or documents may be sent by email rather than by post. It also creates rules for deemed dates of service. Regulations 9 and 11 to 13 make various changes in consequence of the introduction of the Police (Vetting) Regulations 2025 (S.I. 2025/502) (“the Vetting Regulations”). Regulations 15 and 17 provide that disciplinary action must be imposed in cases where misconduct or gross misconduct is found. They also provide that, where gross misconduct is found, the outcome must be dismissal without notice unless exceptional circumstances apply. Regulation 16 provides that the appropriate authority may refer a case to an accelerated misconduct hearing even if it has not received a statement of the investigator’s belief that the special conditions are satisfied.

Part 4 amends the Performance Regulations. Regulation 19 makes various changes to the interpretative provisions, including to introduce a definition of “appeal manager” and to remove the requirement that a “senior manager” be the supervisor of the second line manager of the officer concerned. Regulation 21 provides that written notices or documents may be sent by email rather than by post. It also creates rules for deemed dates of service. Regulation 28 requires the officer concerned to attend a meeting where a matter is referred under the Vetting Regulations to be dealt with under the Performance Regulations. Regulations 30 and 52 provide that the officer concerned must demonstrate sufficient improvement for a default period of three months where they are served with a written improvement notice. Regulation 32 provides that an appeal against the finding and outcome of a first stage meeting must be heard by an appeal manager rather than by the second line manager of the officer concerned. Regulation 35 omits Part 4 and thereby reduces the previous three-stage system to a two-stage process. Regulation 41 clarifies that a panel chair may be a member of a police force who is acting as a senior officer even if they are not a substantive senior officer. Other changes are consequential on those set out above.

Part 5 amends the Complaints and Misconduct Regulations. Regulations 57 and 58 are consequential on regulation 60, which provides that written notices or documents may be sent by email rather than by post. It also creates rules for deemed dates of service. Regulation 59 provides that the appropriate authority may, with the agreement of the Director General of the Independent Office for Police Conduct, refer a case to an accelerated misconduct hearing even if it has not received a statement of belief of the person investigating or the Director General (as the case may be) that the special conditions are satisfied.

Part 6 amends the PAT Rules to reflect the amendments to the Performance Regulations.

Part 7 makes transitional provision. It provides that Part 3, 4, 5 or 6 does not have effect in relation to a matter that pre-dates the coming into force of these Regulations, or post-dates it but relates to a matter that is already being handled in accordance with the applicable conduct, performance or complaints regime. However, it provides that the Schedule does have effect where the officer concerned has not already been given notice of their referral to misconduct proceedings or an accelerated misconduct hearing.

A full impact assessment has not been prepared for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.