Westminster Policy News & Legislative Analysis

Ministry of Defence Police SI 2025/1360 revokes 2025 amendments

The Ministry of Defence has issued the Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/1360). The instrument reverses most of the changes made earlier this month and restores the existing Ministry of Defence Police (MDP) disciplinary and performance framework. The Government describes this as a response to a defect in S.I. 2025/1263, and is issuing the correction free of charge to recipients of that instrument.

The earlier Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2025 (S.I. 2025/1263) reworked multiple elements of the 2020 framework: Part 2 amended the Conduct Regulations (Schedule 1), Part 3 amended the modifications for former officers (Schedule 2), Part 4 amended the Performance Regulations (Schedule 4), Part 5 amended the Appeals Tribunals Regulations (Schedule 5), and Part 6 set transitional rules.

The new No. 2 Regulations revoke the bulk of those changes. In practical terms, the amendments to the Conduct Regulations and their application to former officers fall away, as do the re-writes to the Performance Regulations and the linked changes to the Appeals Tribunals Regulations. Transitional and interpretative provisions tied to those amendments are also revoked, removing the mechanism by which the now‑withdrawn changes would have taken effect.

One amendment from S.I. 2025/1263 remains in force: regulation 74, which updated the appointment and composition provisions for police appeals tribunals to reflect changes in Scotland. For MDP appeals touching Scottish jurisdiction, teams should continue to apply the updated tribunal composition rules preserved by that provision.

Operationally, this returns the MDP to the Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020 (S.I. 2020/1087) as the live framework for conduct, performance and appeals-without the now‑revoked 2025 amendments. Professional Standards Departments and HR should therefore default to the 2020 procedures for investigations, meetings, hearings and appeals.

The No. 2 Regulations apply UK‑wide and take effect from 28 December 2025. Casework scheduled or prepared on the basis of the short‑lived 2025 amendments should be reviewed to ensure documentation, timelines and procedural steps align with the 2020 provisions now reinstated.

MDP leadership and case managers should update local instructions, templates and training materials that referenced Parts 2 to 5 of S.I. 2025/1263 or its transitional provisions. Where notices were drafted under the revoked rules, re‑issue may be required to avoid challenge; staff associations should be kept informed to ensure a consistent approach.

Appeals planning requires particular attention. While the general tribunal procedures revert with the rest of the framework, the retained Scottish update to tribunal composition continues to apply. Teams handling appeals linked to Scotland should confirm panel appointment routes, documentation flows and public‑hearing expectations against the preserved text from regulation 74 of S.I. 2025/1263.