1.The Joint Committee on Statutory Instruments requested a memorandum in response to a point made in relation to the above-mentioned instrument.
Confirm whether the Department will produce a text showing the conduct regulations as modified by the Schedule, and if so how that text will be published (given the number and nature of the modifications, and the principle that disciplinary proceedings should be transparent to those who may be subject to them; and having regard to the importance of accessibility to legislation as set out in the Committee’s First Special Report of 2017–19 on Transparency and Accountability in Subordinate Legislation).
2.The Ministry of Defence agrees that it is important for legislation to be accessible to those it might affect. The power in section 3A of the Ministry of Defence Police Act 1987 enables the Secretary of State to make provision for the procedures that have been established for existing officers to apply (with or without modifications) to former officers. A large number of modifications were required and in this case the Department intends to place a version of the text setting out the modified procedures on the relevant page of the gov.uk website where it can be downloaded. It will also explain that hard copies can be obtained on request, together with email and telephone contacts. A draft can be provided on request.
Ministry of Defence
27 November 2018
Published: 7 December 2018