The Ministry of Defence has issued a correcting Statutory Instrument that reverses most of the changes introduced earlier this month to the Ministry of Defence Police (MDP) discipline framework. The instrument was signed by Minister of State Lord Coaker and takes effect on 28 December 2025, following laying on 23 December.
Specifically, the new measure revokes Parts 2, 3 and 4 of S.I. 2025/1263, together with regulations 72 and 73, most of regulation 75, and regulations 76 and 77(1)–(2). In practical terms this withdraws the planned amendments to the 2020 Conduct Regulations and the modifications for former officers, the Performance Regulations, and most consequential changes to the Appeals Tribunals Regulations.
One change is retained: regulation 74 of S.I. 2025/1263. That provision updates how police appeals tribunals are appointed and composed for cases involving service in Scotland, keeping MDP rules aligned with Scotland’s move to transfer Police Appeals Tribunal functions to the First‑tier Tribunal for Scotland from 29 December 2025.
With the revocations in force, the operative framework reverts to the Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020 as already amended in 2024. The 2024 amendments on definitions, conflict‑of‑interest safeguards and panel arrangements continue to apply.
For Professional Standards Departments and HR leads, this means the wide package of 2025 updates set out in S.I. 2025/1263 should not be implemented. Any guidance or training materials that anticipated new performance‑meeting stages or appeals handling under those provisions should be re‑based to the 2020/2024 position, while incorporating the Scotland‑specific appeals composition preserved by regulation 74.
Appeals routing now reflects the distinct Scottish tribunal structure. Where an officer was serving in Scotland at the relevant time, appeals will proceed with composition aligned to the First‑tier Tribunal for Scotland arrangements; elsewhere in the UK, appeals continue under Schedule 5 to the 2020 Regulations.
The instrument also removes the transitional and interpretative provisions attached to the withdrawn 2025 amendments by revoking regulations 75 (in part), 76 and 77(1)–(2). This strips out bridging rules that would have governed cases mid‑process under those changes, so case managers should ensure ongoing matters are progressed under the pre‑revocation rules unless covered by the Scotland appeals update.
The correction arrives against a backdrop of wider changes to police conduct and performance procedures for territorial forces in England and Wales in 2025. While S.I. 2025/1263 sought to align the MDP regime with those updates, the new measure largely restores the pre‑December position pending any future consolidated update.
Key dates for implementation are 23 December 2025 (laid) and 28 December 2025 (commencement). Departments should ensure governance documents, notices and training reflect the operative position from that date, with Scotland‑related appeal composition updated accordingly.