The Police (Conduct and Vetting etc.) (Amendment) Regulations 2026

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

These Regulations principally amend the Police (Conduct) Regulations 2020 ( S.I. 2020/4 ) (“ the Conduct Regulations ”) and the Police (Vetting) Regulations 2025 ( S.I. 2025/502 ) (“ the Vetting Regulations ”). They also make consequential and subsidiary amendments to the Police (Complaints and Misconduct) Regulations 2020 ( S.I. 2020/2 ) (“ the Complaints and Misconduct Regulations ”), the Police Regulations 2003 ( S.I. 2003/527 ) (“ the Police Regulations ”) and the Police (Performance) Regulations 2020 ( S.I. 2020/3 ) (“ the Performance Regulations ”).

Part 2 of these Regulations amends the Conduct Regulations to make provision with respect to the suspension of police officers. The amendments—

clarify that there is a duty to suspend a police officer where it is in the public interest to do so (see new regulation 11),

provide that where a police officer is the subject of a criminal investigation and the appropriate authority has assessed that the conduct of the officer would, if proved, amount to gross misconduct, the appropriate authority must consider whether the condition for suspension is met within the specified time-frame (see new regulation 11B),

provide that where a police officer is arrested, or questioned under caution while not under arrest, in relation to a listed offence (see new Schedule 3, inserted by Schedule 1 to these Regulations) or an offence involving alleged domestic abuse, it will be in the public interest for the appropriate authority to suspend the police officer unless there are exceptional circumstances (see new regulations 11C and 11E),

provide that a decision under new regulation 11C that it is not in the public interest to suspend a police officer must be approved by the chief officer or an officer of at least the rank of assistant commissioner or, in certain cases, notified to a more senior body (see new regulations 2(4ZA) and 11D), and

provide that a police officer who is charged with a relevant offence or an offence involving alleged domestic abuse, is subject to automatic or mandatory suspension, with a one-off right of review where the offence is not a relevant offence (see new regulations 11E to 11H).

In addition, regulation 4 in Part 2 of these Regulations corrects an error regarding the provision of notices and forms inserted into the Conduct Regulations by the Police (Conduct, Performance, Complaints and Misconduct) Regulations 2025 ( S.I. 2025/558 ) (“ the Conduct, Performance, Complaints and Misconduct Regulations ”).

Part 3 of these Regulations amends the Complaints and Misconduct Regulations. Regulation 9(2) makes an amendment to those Regulations which is consequential to amendments made by Part 2 of these Regulations. Regulation 9(3) corrects an error regarding the provision of notices and forms inserted into the Complaints and Misconduct Regulations by the Conduct, Performance, Complaints and Misconduct Regulations.

Part 4 of these Regulations amends the Vetting Regulations. Regulation 13 clarifies regulation 4 of the Vetting Regulations. Regulation 14 inserts new regulation 4A, which imposes a notification requirement on vetting authorities which deviate from guidance on a repeated or prolonged basis. Regulation 15 inserts a new Part 1A, dealing with police candidates (the definition of which excludes police officers seeking to transfer to another police force). New Part 1A stipulates that a police candidate may not be appointed to a police force unless they hold vetting clearance which was granted no more than six months before the date of appointment (see new regulation 4A) and sets out the criteria that must be met for a vetting authority to grant vetting clearance to a police candidate (see new regulation 4B). Where vetting clearance was granted more than six months before the date of appointment, the police candidate must reapply for vetting clearance (see new regulation 4C). New Part 1A sets out new rules regarding the impact of criminal and other conduct on suitability to hold vetting clearance (see new regulation 4D and the new Schedule, inserted by Schedule 2 to these Regulations) and also makes provision with respect to revocation and variation of vetting clearance, the provision of detailed reasons for certain decisions, appeals and record keeping (see new regulations 4E to 4H).

Regulations 16 to 18 amend Part 2 of the Vetting Regulations, concerning police officers. Regulation 16 amends regulation 5 of the Vetting Regulations to provide that vetting clearance held by a police officer is valid until it is renewed by a further grant of vetting clearance, withdrawn or terminated. Regulation 17 inserts new regulations 5A to 5E, which make provision in relation to reviews of vetting clearance (see new regulation 5A), renewal of vetting clearance (see new regulation 5B), police officers seeking to transfer from one police force to another (see new regulation 5C), the impact of criminal and other conduct on suitability to hold vetting clearance (see new regulation 5D and the new Schedule), the provision of detailed reasons for certain decisions (see new regulation 5E) and appeals (see new regulation 5F). Regulation 18 makes amendments in connection with record keeping.

Regulations 19 to 21 amend provisions regarding withdrawal assessments in Parts 3 and 4 of the Vetting Regulations. Regulation 19 corrects an error regarding the provision of notices and forms. The amendments made by regulation 20 require a criminal history check to be carried out as part of a vetting severity assessment.