The Ministry of Defence has made a corrective statutory instrument for the Ministry of Defence Police discipline framework. The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) (No. 2) Regulations 2025 were laid on 23 December 2025 and proceed by the made negative procedure. According to the instrument as made, commencement is set for 28 December 2025.
Substantively, the No. 2 Regulations withdraw the bulk of the earlier package made as S.I. 2025/1263. They revoke Parts 2, 3 and 4 of that instrument, regulations 72 and 73, regulation 75 except the definition of “Head of HR”, and regulations 76 and 77(1) and (2). The effect is to roll back most December amendments before they take practical hold.
One provision from S.I. 2025/1263 is retained: regulation 74, which amends the appointment and composition rules for police appeals tribunals. This aligns the Ministry of Defence Police appeals architecture with recent Scottish changes that abolish Police Appeals Tribunals and transfer their functions to the First‑tier Tribunal for Scotland from 29 December 2025.
For conduct and appeals, the rollback means the operative framework reverts to the Ministry of Defence Police Regulations 2020, as already updated in May 2024. In practice, Professional Standards teams should continue to apply the 2020 Conduct Regulations and Appeals Tribunals Regulations, recognising the 2024 adjustments to definitions and representation.
On performance management, S.I. 2025/1263 had moved to a two‑stage process by omitting the second stage; that change is now withdrawn. The three‑stage model in Schedule 4 to the 2020 Regulations therefore continues to apply to MoD Police performance cases.
Transitional provisions included in Part 6 of S.I. 2025/1263 are revoked, save for preserving the definition of “Head of HR” in regulation 75. Appeals documentation and notices should continue to be addressed to the Head of HR in line with the 2020 Appeals Tribunals Regulations.
Operationally, forces’ HR and Professional Standards teams should pause any local updates drafted to implement the December performance and appeals changes, re‑confirm document service and representation under the 2020/2024 regime, and ensure Scottish‑based appeals reflect the First‑tier Tribunal route. This will reduce case‑handling risk over the year‑end period.
Parliament’s listing confirms the instrument’s lay date and procedure; as a made negative instrument it can be annulled within the objection window but otherwise comes into force without further debate. The Ministry of Defence Police should therefore treat the 2020 framework (as amended in 2024) as the legal baseline, alongside the retained Scottish appeals update.