The Ministry of Defence has issued a corrective Statutory Instrument to address defects in SI 2025/1263. The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) (No. 2) Regulations 2025 (SI 2025/1360) were made on 18 December, laid on 23 December, and come into force on 28 December 2025. The instrument is being issued free of charge to all known recipients of SI 2025/1263, reflecting that it is made in consequence of a defect.
In practical terms, SI 2025/1360 removes the bulk of the December amendments to the Ministry of Defence Police (MDP) disciplinary framework introduced by SI 2025/1263. Specifically, it revokes Parts 2, 3 and 4 of SI 2025/1263; regulations 72 and 73; regulation 75 except for the definition of “Head of HR”; and regulations 76 and 77(1) and (2). The effect is to reverse most changes that SI 2025/1263 would have made to the MDP Conduct Regulations, the modified regime for former officers, and the Performance Regulations, along with related appeals provisions.
One amendment survives. Regulation 74 of SI 2025/1263-adjusting regulation 6 on the appointment and composition of police appeals tribunals-remains in force, as it responds to the revocation of Scottish legislation relating to Police Appeals Tribunals. This preserves the updated appointments position for Scotland while other December changes fall away.
As a result, the governing framework for MDP conduct, performance and appeals reverts to the Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020 as they stood before SI 2025/1263, read with any earlier amendments still in force. That means the Conduct Regulations in Schedule 1, the modifications for former officers in Schedule 2, the Performance Regulations in Schedule 4, and the Appeals Tribunals Regulations in Schedule 5 continue to apply in their established form.
For casework owners in Professional Standards and HR, the message is straightforward: do not implement the wider December changes from SI 2025/1263. Disciplinary and performance cases should proceed under the 2020 Regulations framework, except that appeals tribunal appointments must reflect the standing Scottish update preserved via regulation 74. Managers should check internal guidance, notices and templates to ensure they align with the 2020 arrangements.
The cross‑UK extent is unchanged. The 2020 Regulations already contain specific provision for appeals where an appellant served in Scotland, including the requirement that the chair be drawn from a list nominated by the Lord President of the Court of Session and the participation of a senior officer from Police Scotland, with appointments made by the Head of HR. The preserved update ensures this continues on a sound legal footing.
Legally, the correction is made under sections 3A, 4 and 4A of the Ministry of Defence Police Act 1987. No full impact assessment has been prepared, with the government indicating no, or no significant, impact across the public, private or voluntary sectors. Given the immediate commencement on 28 December, departments should ensure staff are briefed on the retained appeals appointments change and the reversion to the 2020 scheme elsewhere.
SI 2025/1360 is an amending instrument to SI 2025/1263 and applies UK‑wide. Policy and legal teams should review any live proceedings initiated in reliance on the revoked provisions, confirm the governing text at each case stage, and record decisions accordingly. Where necessary, parties should be notified that the revocations take effect from 28 December 2025.