Statute Details
- Title: Police Force (Composition of Disciplinary Offences) Regulations 2023
- Act Code: PFA2004-S455-2023
- Legislation Type: Subsidiary legislation (SL)
- Enacting Authority: Made by the Minister for Home Affairs
- Authorising Act: Police Force Act 2004 (specifically section 85(1))
- Commencement: 1 July 2023
- Primary Mechanism: “Composition” (i.e., allowing certain disciplinary offences to be settled without full prosecution/disciplinary proceedings)
- Key Provisions: Regulation 1 (Citation and commencement); Regulation 2 (Compoundable disciplinary offences)
- Current Version Status: Current version as at 27 Mar 2026 (per the legislation portal extract)
- Legislative Instrument Number: S 455/2023
- Date Made: 27 June 2023
What Is This Legislation About?
The Police Force (Composition of Disciplinary Offences) Regulations 2023 (“Composition Regulations”) is a targeted set of rules made under the Police Force Act 2004. In plain terms, it identifies certain disciplinary offences—specifically, failures by certain categories of persons to comply with fitness-related orders—that may be “compounded”. Compounding is a legal mechanism that allows an authorised police officer or public officer to settle an offence by imposing a composition sum or other conditions, rather than requiring the matter to proceed through the full disciplinary process.
The Regulations focus on operationally ready national service (NS) personnel and volunteers who are members of the Special Constabulary. The central compliance issue addressed is whether they comply with orders relating to physical fitness testing and related medical screening. The Regulations therefore sit at the intersection of policing discipline, national service obligations, and fitness compliance regimes.
From a practitioner’s perspective, the key value of the Composition Regulations is that they clarify which offences are eligible for compounding and define the relevant fitness tests and orders. This reduces uncertainty for both the administration (police and authorised officers) and affected persons (NSmen and volunteers), and it provides a structured enforcement pathway for fitness non-compliance.
What Are the Key Provisions?
Regulation 1: Citation and commencement is straightforward. It provides the short title and states that the Regulations come into operation on 1 July 2023. For legal work, this matters because it determines the temporal scope of compounding eligibility: only conduct occurring after commencement would fall within the Regulations’ compounding framework (subject to any interpretive rules in the parent Act).
Regulation 2: Compoundable disciplinary offences is the operative 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 (other than a volunteer ex‑NSman) to comply” with certain requirements—may be compounded by an authorised officer.
The Regulations identify two categories of compounding-eligible failures:
- Failure to comply with an “IPPT Order” or an order to complete “AAFT” or “SPFT” (as the case may be).
- Failure to comply with an order to undergo a medical screening for the purpose of certifying the NSman’s or volunteer’s physical fitness to take the relevant test (IPPT, AAFT, or SPFT).
In other words, the Regulations do not compound all disciplinary offences under the Act. They carve out a specific subset: those tied to fitness testing and the medical screening that supports fitness certification. This is significant because it indicates the legislative intent to streamline enforcement for fitness compliance, while leaving other disciplinary matters to be handled through the ordinary disciplinary framework.
Authorised compounding decision-makers are also specified. Compounding may be done by “any police officer or public officer authorised by the Commissioner to compound offences” in accordance with section 84A of the Police Force Act 2004. This cross-reference is crucial: Regulation 2 does not itself set out the compounding procedure (such as the composition sum, notice requirements, or consequences). Instead, it identifies the offences that are eligible for compounding and points to the parent Act for the mechanics.
The Regulations also provide definitions that a practitioner must use to interpret the scope precisely:
- AAFT means the Alternative Aerobic Fitness Test.
- IPPT means the Individual Physical Proficiency Test.
- SPFT means the Sub‑maximal Physical Fitness Test.
- NSman means a person liable for operationally ready national service under section 2 of the Enlistment Act 1970 and enlisted in the Special Constabulary.
- Volunteer means a volunteer enrolled as a member of the Special Constabulary.
Most importantly, the definition of “IPPT Order” is detailed. It includes:
- 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
- Any other order requiring an NSman to take or complete an IPPT or other fitness programme in lieu of the IPPT.
This definition expands the practical reach beyond a single notice. It captures both the specified reporting notice and any subsequent or alternative orders requiring participation in IPPT or substitute fitness programmes. For counsel advising affected persons, this means the “order” triggering potential compounding may come from multiple instruments, not only the original G.N. No. 638/2021 notice.
Finally, the Regulations exclude a category: they apply to failures by an NSman or a volunteer (other than a volunteer ex‑NSman). This carve-out implies that volunteer ex‑NSmen are governed differently under the broader disciplinary framework and are not within the compounding eligibility for these fitness-related failures.
How Is This Legislation Structured?
The Composition Regulations are concise and consist of an enacting formula and two substantive regulations:
- Regulation 1 (Citation and commencement) establishes the instrument’s identity and effective date.
- Regulation 2 (Compoundable disciplinary offences) sets out the specific disciplinary offence category eligible for compounding, the types of non-compliance covered, the authorised compounding officers, and key definitions (AAFT, IPPT, IPPT Order, SPFT, NSman, volunteer).
There are no separate Parts or extensive schedules within the Regulations themselves. Instead, the Regulations rely on the Schedule to the Police Force Act 2004 (paragraph 5) and on section 84A of the Police Force Act 2004 for the compounding framework. This structure is typical of subsidiary legislation that “selects” or “designates” offences for a statutory mechanism provided in the parent Act.
Who Does This Legislation Apply To?
The Regulations apply to NSmen and volunteers who are members of the Special Constabulary. The NSmen must be persons liable for operationally ready national service under the Enlistment Act 1970 and enlisted in the Special Constabulary. Volunteers must be enrolled as members of the Special Constabulary.
However, the Regulations apply only to a specific class of disciplinary offences: those under paragraph 5 of the Schedule to the Police Force Act 2004, where the offence relates to a failure to comply with specified fitness-related orders or medical screening orders. The Regulations also exclude volunteer ex‑NSmen from the compounding eligibility described in Regulation 2.
In practical terms, the affected population is therefore narrower than “all Special Constabulary members”. It is limited to those who are subject to IPPT/AAFT/SPFT orders and related medical screening certification requirements, and whose failure to comply falls within the relevant Schedule paragraph.
Why Is This Legislation Important?
This legislation is important because it operationalises a disciplinary enforcement tool—compounding—for fitness compliance. Fitness testing and medical screening are recurring administrative obligations with operational and safety rationales. By designating certain failures as compoundable, the Regulations enable faster resolution of non-compliance matters, potentially reducing delays and administrative burden associated with full disciplinary proceedings.
For practitioners, the Regulations also provide clarity on what counts as the relevant “order”. The definition of “IPPT Order” is particularly significant because it incorporates both a specific reporting notice (G.N. No. 638/2021) and any other orders requiring IPPT or substitute fitness programmes. This affects how evidence is framed in practice: the existence, content, and service/notification of the relevant order will be central to whether compounding is available and appropriate.
From an enforcement and compliance standpoint, the Regulations signal that non-attendance or non-compliance with fitness testing or medical screening can lead to an administrative settlement pathway. For affected NSmen and volunteers, this means legal advice should focus not only on the underlying disciplinary allegation but also on the compounding process under section 84A of the Police Force Act 2004—such as whether compounding is offered, the consequences of accepting or contesting it, and any procedural safeguards.
Finally, the carve-out for volunteer ex‑NSmen underscores that eligibility for compounding is not uniform across all categories of Special Constabulary volunteers. Counsel should therefore carefully identify the person’s status (NSman, volunteer, volunteer ex‑NSman) and the precise nature of the alleged failure (fitness test order vs medical screening order) before advising on compounding exposure.
Related Legislation
- Police Force Act 2004 (including section 84A on compounding offences and the Schedule paragraph 5 referenced by these Regulations)
- Enlistment Act 1970 (definition of “operationally ready national service” used to define “NSman”)
- Notice Requiring Persons to Report for Individual Physical Proficiency Test and Fitness Improvement Training Programme (G.N. No. 638/2021) (referenced in 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.