Statute Details
- Title: Police Force (Composition of Disciplinary Offences) Regulations 2023
- Act Code: PFA2004-S455-2023
- Legislative Type: Subsidiary legislation (SL)
- Enacting Authority: Made by the Minister for Home Affairs under section 85(1) of the Police Force Act 2004
- Commencement: 1 July 2023
- Primary Purpose: Specifies which disciplinary offences under the Police Force Act 2004 may be “compounded” (i.e., resolved without full disciplinary proceedings) for certain national service and fitness-related failures
- Key Provisions: Regulation 1 (citation and commencement); Regulation 2 (compoundable disciplinary offences)
- Schedule/Anchor Provision: Offence under paragraph 5 of the Schedule to the Police Force Act 2004 (in relation to failure by an NSman or volunteer to comply with specified orders)
- Relevant Definitions (Reg. 2(2)): AAFT, IPPT, IPPT Order, NSman, SPFT, volunteer
- Authorised Compounding: By a police officer or public officer authorised by the Commissioner, in accordance with section 84A of the Police Force Act 2004
- Legislation Status (as provided): Current version as at 27 Mar 2026
- Publication Identifier: SL 455/2023 (No. S 455)
What Is This Legislation About?
The Police Force (Composition of Disciplinary Offences) Regulations 2023 (“the Regulations”) is a focused piece of subsidiary legislation that enables certain disciplinary offences to be dealt with by way of compounding. In practical terms, compounding allows an eligible authority to resolve a qualifying offence without the need to proceed through the full disciplinary process under the Police Force Act 2004.
Although the Police Force Act 2004 provides the overall disciplinary framework for members and related persons within the police force ecosystem, the Regulations identify the specific disciplinary offence category that can be compounded. Here, the Regulations target a particular type of failure: where a person (an NSman enlisted in the Special Constabulary, or a volunteer member of the Special Constabulary—subject to an express exclusion) fails to comply with certain fitness testing and medical screening orders.
The Regulations therefore sit at the intersection of (i) police disciplinary governance, (ii) operationally ready national service obligations, and (iii) the administration of physical fitness testing regimes. The legal effect is to streamline enforcement for non-compliance with orders relating to the Individual Physical Proficiency Test (IPPT), the Alternative Aerobic Fitness Test (AAFT), the Sub-maximal Physical Fitness Test (SPFT), and related medical screening orders.
What Are the Key Provisions?
Regulation 1 (Citation and commencement) is straightforward. It provides that the Regulations may be cited as the Police Force (Composition of Disciplinary Offences) Regulations 2023 and that they come into operation on 1 July 2023. For practitioners, this matters because compounding authority and eligibility only apply to offences within the scope of the Regulations as they are in force.
Regulation 2 (Compoundable disciplinary offences) is the substantive provision. It states that an offence under paragraph 5 of the Schedule to the Police Force Act 2004—specifically, an offence “in relation to a failure” by an NSman or a volunteer (with a notable carve-out) to comply with certain orders—may be compounded.
The compounding power is not automatic; it is conditional and procedural. Under Regulation 2(1), compounding may be carried out by any police officer or public officer authorised by the Commissioner, and it must be done “in accordance with section 84A of the Act”. This cross-reference is critical: the Regulations identify which offences are compounding-eligible, but the Act governs how compounding is implemented (for example, the mechanism, requirements, and consequences of compounding under section 84A).
Regulation 2(1) then enumerates the specific orders whose non-compliance triggers the compounding pathway. The compoundable failures relate to orders concerning:
(a) IPPT Order / AAFT or SPFT completion orders
The Regulations permit compounding where the failure concerns “an IPPT Order or an order to complete the AAFT or SPFT, as the case may be.” This indicates that the fitness regime may be administered through different test formats or alternatives, and the compounding eligibility tracks the particular order issued to the individual.
(b) Medical screening orders for fitness certification
The Regulations also permit compounding where the failure concerns “an order to undergo a medical screening for the purpose of certifying the NSman’s or volunteer’s physical fitness to take the IPPT, AAFT or SPFT.” This is legally significant because it extends compounding beyond the act of failing to complete a test; it also covers failures to comply with the preparatory medical screening step that determines fitness to participate in the tests.
Regulation 2(1) includes an important exclusion: the compounding provision applies to a “volunteer (other than a volunteer ex‑NSman)”. While the extract does not define “volunteer ex‑NSman”, the drafting shows that the legislature deliberately carved out a category of volunteers who previously served as NSmen. For practitioners, this means eligibility for compounding may depend on the individual’s status classification, and that classification should be checked carefully before advising on compounding risk or strategy.
Regulation 2(2) (Definitions) provides interpretive clarity for the fitness-testing terms and for the persons to whom the Regulations apply. Key definitions include:
“AAFT” means the Alternative Aerobic Fitness Test.
“IPPT” means the Individual Physical Proficiency Test.
“SPFT” means the Sub-maximal Physical Fitness Test.
“IPPT Order” is defined with precision. It includes (i) paragraph 8 of the Notice Requiring Persons to Report for Individual Physical Proficiency Test and Fitness Improvement Training Programme (G.N. No. 638/2021), and (ii) “any other order requiring an NSman to take or complete an IPPT or other fitness programme in lieu of the IPPT.” This definition is a legal bridge between the Regulations and the administrative notices that operationalise the fitness testing regime. It also captures “in lieu” programmes, meaning that if the individual is directed to undertake an alternative fitness programme instead of the standard IPPT, the compounding-eligible offence still applies.
“NSman” is defined as a person who is liable for operationally ready national service within the meaning of section 2 of the Enlistment Act 1970 and is enlisted in the Special Constabulary. This definition ties the compounding regime to a specific legal status: not every national serviceman, but those enlisted in the Special Constabulary and thus subject to the relevant disciplinary framework.
“volunteer” means a volunteer enrolled as a member of the Special Constabulary. This aligns the disciplinary scope with the Special Constabulary membership structure.
How Is This Legislation Structured?
The Regulations are compact and consist of two regulations:
Regulation 1 sets out the citation and commencement date.
Regulation 2 sets out the substantive compounding eligibility for specified disciplinary offences, including definitions needed to interpret the fitness testing and medical screening orders.
There are no additional parts or schedules within the Regulations themselves. Instead, the Regulations rely on the Police Force Act 2004 for the underlying disciplinary offence framework (notably the offence under paragraph 5 of the Schedule) and on other instruments for the content of the “IPPT Order” (including the referenced Government Notice).
Who Does This Legislation Apply To?
The Regulations apply to disciplinary offences under the Police Force Act 2004 that involve a failure by an eligible person to comply with specified fitness-related orders. The eligible persons are:
(1) NSmen—defined as persons liable for operationally ready national service under the Enlistment Act 1970 and enlisted in the Special Constabulary.
(2) Volunteers—defined as volunteers enrolled as members of the Special Constabulary, but excluding “volunteer ex‑NSman” for the purposes of Regulation 2(1).
In terms of conduct, the Regulations focus on non-compliance with orders relating to: (i) IPPT/AAFT/SPFT test participation or completion, and (ii) medical screening required to certify physical fitness to take those tests or programmes.
Why Is This Legislation Important?
For practitioners, the key importance of the Regulations lies in their effect on enforcement pathways. By identifying certain disciplinary offences as compoundable, the Regulations provide an administrative alternative to full disciplinary proceedings. This can materially affect timelines, procedural rights, and outcomes for affected individuals.
Because compounding is carried out by authorised police or public officers under the Commissioner’s authorisation, the Regulations also reflect a policy preference for efficient resolution of fitness compliance failures—particularly where the underlying conduct is non-compliance with scheduled orders (rather than, for example, allegations requiring complex fact-finding).
From a risk-management perspective, the Regulations highlight that non-compliance is not limited to failing to attend or complete a test. The inclusion of medical screening orders means that individuals who do not comply with pre-test medical requirements may still face compounding under the specified offence category. Practitioners advising NSmen or volunteers should therefore treat medical screening orders as part of the enforceable compliance regime.
Finally, the definitional cross-references—especially the detailed definition of “IPPT Order” and the linkage to the Government Notice (G.N. No. 638/2021)—mean that the compounding eligibility may depend on the content of the relevant notices and any subsequent “in lieu” orders. Counsel should therefore review the specific order served on the individual and confirm whether it falls within the defined “IPPT Order” concept.
Related Legislation
- Police Force Act 2004 (including section 84A on compounding and section 85(1) as the enabling provision; also the Schedule, paragraph 5)
- Enlistment Act 1970 (definition of “operationally ready national service” in section 2)
- Notice Requiring Persons to Report for Individual Physical Proficiency Test and Fitness Improvement Training Programme (G.N. No. 638/2021) (referenced for the definition of “IPPT Order”)
Source Documents
This article provides an overview of the Police Force (Composition of Disciplinary Offences) Regulations 2023 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.