Westminster Policy News & Legislative Analysis

Ministry of Defence Police SI 2025/1360 revokes tribunal changes

Ministry of Defence Police discipline rules are being corrected by a second amending instrument. S.I. 2025/1360 follows a defect identified in S.I. 2025/1263 and concerns the conduct, performance and appeals framework for MDP officers, with UK‑wide extent.

According to the instrument, it was made on 18 December 2025, laid on 23 December and comes into force on 28 December 2025-just ahead of Scotland’s transfer of police appeals to the First‑tier Tribunal for Scotland on 29 December.

It revokes Parts 2 to 4 of S.I. 2025/1263; Regulations 72 and 73; Regulation 75 other than the definition of “Head of HR”; and Regulations 76 and 77(1)–(2). Those provisions amended the Conduct Regulations and related schedules within the 2020 framework and set transitional rules now removed.

One provision is kept: Regulation 74 of S.I. 2025/1263, which updates the rule on the appointment and composition of police appeals tribunals. This reflects the abolition of Police Appeals Tribunals in Scotland and the transfer of functions to the First‑tier Tribunal for Scotland’s General Regulatory Chamber on 29 December 2025.

The practical effect is to preserve the status quo for conduct and performance. MDP continues to operate under the Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020, as amended in May 2024, including updated definitions, revised delegation and provision for legally qualified advisers to panels.

For appeals, the position becomes jurisdiction‑specific. In Scotland, appeals will proceed in the First‑tier Tribunal for Scotland, with the new procedure and composition made by S.S.I. 2025/384 and S.S.I. 2025/383. For England, Wales and Northern Ireland, the 2020 appeals framework continues to apply.

Transitional provisions contained in Part 6 of S.I. 2025/1263 are revoked, save for retention of the definition of “Head of HR” to support the remaining drafting. This avoids having overlapping schemes and keeps casework within the consolidated 2020/2024 ruleset.

Contextually, S.I. 2025/1263 was presented as aligning MDP procedures with territorial‑force reforms in the Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025. With most of S.I. 2025/1263 now revoked, that alignment does not apply to MDP at this time.

For Professional Standards Departments and HR, the immediate effect is administrative continuity: retain panel and hearing arrangements based on the 2020/2024 position, and ensure any case with a Scottish appeal route after 29 December 2025 follows the First‑tier Tribunal for Scotland procedures.

No full impact assessment accompanies the correction; government indicates no significant impact on the private, voluntary or public sectors. Internal guidance, templates and training materials should be updated to reflect the revocations and the Scotland‑specific appeals route from late December.