Part 3Amendment of the Police (Conduct) Regulations 2020

Amendment of the Police (Conduct) Regulations 2020

5.  The Police (Conduct) Regulations 2020(1) are amended in accordance with regulations 6 to 17 and the Schedule.

Amendments to regulation 2 (interpretation and delegation)

6.—(1) Regulation 2 is amended as follows.

(2) In paragraph (1)—

(a)after the definition of “the Police Regulations” insert—

““the Vetting Regulations” means the Police (Vetting) Regulations 2025(2);”;

(b)after the definition of “criminal proceedings” insert—

““designated police volunteer” means a person designated as a community support volunteer or a policing support volunteer under section 38(1A) of the Police Reform Act 2002;”;

(c)in the definition of “gross misconduct”, after “as to justify dismissal” insert “, and for the purposes of these Regulations conduct which has resulted in conviction of an indictable-only offence is to be taken to constitute such a breach”;

(d)in the definition of “misconduct hearing”, for “whether”, in the second place it occurs, substitute “, if it amounts to misconduct or gross misconduct, what”;

(e)in the definition of “misconduct meeting”, for “whether”, in the second place it occurs, substitute “, if it amounts to misconduct, what”.

(3) After paragraph (2) insert—

“(2A) For the purposes of these Regulations, an offence is an “indictable-only” offence if—

(a)in the case of an offence under the law of England and Wales or Northern Ireland, it is an offence which, if committed by an adult, is triable only on indictment;

(b)in the case of an offence under the law of Scotland, it is an offence triable only on indictment.”.

(4) After paragraph (4C) insert—

“(4D) For the purposes of paragraph (4B)—

(a)“senior officer” includes a member of a police force who is required to perform the duties normally performed by a member of a police force holding a rank above that of chief superintendent;

(b)“former senior officer” includes a person who, at the time they ceased to be a member of a police force, was required to perform the duties normally performed by a member of a police force holding a rank above that of chief superintendent.”.

Amendment to regulation 4 (application)

7.  In regulation 4(2), for “Except” substitute “Subject to paragraph (6) and except”.

Amendments to regulation 9 (provision of notices or documents)

8.—(1) Regulation 9 is amended as follows.

(2) The existing text becomes paragraph (1).

(3) In that paragraph—

(a)in the opening words, for “Where” substitute “Subject to paragraph (2), where”;

(b)for sub-paragraph (b) substitute—

“(b)sent to the officer by e-mail or other means of electronic communication;”.

(4) After that paragraph insert—

“(2) Where it is not reasonably practicable to give or supply a written notice or document to the officer concerned under paragraph (1)(a) or (b) and there is no agreement under paragraph (1)(c) or (d), the written notice or document must be—

(a)left with a person at the officer’s last known address, or

(b)sent to the officer’s last known address by first class post by recorded delivery or other service which provides for delivery on the next working day (“by post”).

(3) Where a written notice or document is sent by e-mail or other means of electronic communication, it is to be taken to have been given or supplied to the officer concerned—

(a)if the e-mail or other electronic transmission is sent on a working day before 4.30 p.m., on that day, or

(b)in any other case, on the next working day after the day on which it was sent.

(4) Where a written notice or document is sent by post, it is to be taken to have been given or supplied to the officer concerned—

(a)on the second day after it was posted, left with, delivered to or collected by the relevant service provider, provided that day is a working day, or

(b)in any other case, on the next working day after the day on which it was posted, left with, delivered to or collected by the relevant service provider.”.

Amendments to regulation 14 (severity assessment)

9.—(1) Regulation 14 is amended as follows.

(2) In paragraph (2), after sub-paragraph (a) insert—

“(aa)the matter should be referred to be dealt with under the Vetting Regulations;”.

(3) In paragraph (3), after “(2)(a)” insert “, (aa)”.

(4) In paragraph (7), after “process” insert “, the Vetting Regulations”.

Amendment to regulation 15 (appointment of investigator)

10.  In regulation 15(3), omit the “or” after sub-paragraph (c).

Amendments to regulation 21 (report of investigation)

11.—(1) Regulation 21 is amended as follows.

(2) In paragraph (2)(d), after “under”, in the second place it occurs, insert “the Vetting Regulations,”.

(3) In paragraph (4)(c), after “under” insert “the Vetting Regulations,”.

Amendment to regulation 23 (referral of case to misconduct proceedings)

12.  In regulation 23(5)(b), after “under” insert “the Vetting Regulations or”.

Amendments to regulation 27 (withdrawal of misconduct proceedings)

13.—(1) Regulation 27 is amended as follows.

(2) In paragraph (2)(a)(iii), after “under” insert “the Vetting Regulations or”.

(3) In paragraph (3), after “under” insert “the Vetting Regulations or”.

Amendment to regulation 28 (persons conducting misconduct proceedings)

14.  In regulation 28(5F), for “the recommendation” substitute “the appropriate authority makes the notification”.

Amendments to regulation 42 (outcome of misconduct proceedings)

15.—(1) Regulation 42 is amended as follows.

(2) For paragraph (1) substitute—

“(1) Subject to the provisions of this regulation, where the person or persons conducting the misconduct proceedings find that the conduct of the officer concerned amounts to misconduct or gross misconduct, they must impose disciplinary action mentioned in paragraph (2) or (3) as appropriate.

(1A) Subject to the provisions of this regulation, where the person or persons conducting the misconduct proceedings find that the conduct of the officer concerned amounts to neither misconduct nor gross misconduct, they must—

(a)direct that the matter is referred to be dealt with under the reflective practice review process, or

(b)take no further action.”.

(3) In paragraph (3)—

(a)in sub-paragraph (a)—

(i)for “person conducting or chairing” substitute “person or persons conducting”;

(ii)for “decides” substitute “decide”;

(b)in sub-paragraph (b)—

(i)for “person conducting or chairing” substitute “person or persons conducting”;

(ii)for “decides” substitute “decide”;

(iii)for paragraphs (i) to (iii) substitute—

“(i)dismissal without notice, or

(ii)if the person or persons conducting the misconduct proceedings are satisfied that there are exceptional circumstances which justify it—

(aa)a final written warning, or

(bb)reduction in rank.”.

Amendment to regulation 49 (referral of case to accelerated misconduct hearing)

16.  In regulation 49, before paragraph (1) insert—

“(A1) Subject to paragraph (A2), after receipt of the investigator's report under regulation 21(1), the appropriate authority may at any time determine whether the special conditions are satisfied.

(A2) Where the case is referred to misconduct proceedings, the appropriate authority must not make a determination under paragraph (A1) on or after the date of the misconduct meeting or misconduct hearing.”.

Amendments to regulation 62 (outcome of accelerated misconduct hearing)

17.—(1) Regulation 62 is amended as follows.

(2) In paragraph (1)—

(a)in the opening words—

(i)for “person conducting or chairing” substitute “person or persons conducting”;

(ii)for “finds” substitute “find”;

(iii)for “may be” substitute “must be”;

(b)for sub-paragraphs (a) to (c) substitute—

“(a)dismissal without notice, or

(b)if the person or persons conducting the accelerated misconduct hearing are satisfied that there are exceptional circumstances which justify it—

(i)a final written warning, or

(ii)reduction in rank.”;

(3) In paragraph (8)—

(a)for “person conducting or chairing” substitute “person or persons conducting”;

(b)for “finds” substitute “find”.

(4) In paragraph (12)—

(a)for “person conducting or chairing” substitute “person or persons conducting”;

(b)for “person considers” substitute “person or persons consider”.