Commentary on Sections Section 6: Ministry of Defence Police: performance regulations
26.The Ministry of Defence Police (“the MDP”) is a civilian force established under the Ministry of Defence Police Act 1987 (“the 1987 Act”). Each member of the MDP is both a constable and a civil servant. Section 3A of the 1987 Act allows the Secretary of State to make regulations for dealing with misconduct of members of the MDP. The Ministry of Defence Police (Conduct) Regulations 2009, which were made under this power, are similar to regulations made under section 50 of the Police Act 1996 in respect of misconduct of members of Home Office police forces. However, unlike members of Home Office police forces, underperformance (in the sense of lack of efficiency and effectiveness) on the part of members of the MDP is dealt with under civil service procedures rather than regulations.
27.The purpose of this section is to enable the Secretary of State to make regulations for dealing with underperformance of members of the MDP, in line with the position for members of Home Office police forces.
28.Accordingly, the section provides for the amendment of section 3A(1)(a) and 3A(1A) of the 1987 Act to allow the Secretary of State to make regulations for dealing with underperformance and to require such regulations to set out the procedures for the taking of disciplinary proceedings in respect of it.
29.The power in section 3A as so amended mirrors the existing power, in section 50 of the Police Act 1996, to make regulations in respect of underperformance of members of Home Office police forces.