Regulation 13
Explained (UK)
How a probationer's services can be dispensed with under Regulation 13 of the Police Regulations 2003, the fair hearing you should get, notice, pension and the barred list. Updated 30 September 2026.
Executive Summary
Regulation 13 is a probation procedure. It is not a misconduct procedure.
During probation only, the chief officer can dispense with your services if they consider you are not fitted, physically or mentally, for the duties of your office, or not likely to be an efficient or well conducted officer. It ends your service, with a month's notice or pay in lieu for most officers.
1. What Is Regulation 13?
Regulation 13 comes from Police Regulations 2003 (as amended). During their period of probation, it allows the chief officer to dispense with the services of a constable, special constable, direct entry (DE) inspector, DE superintendent or rejoiner member at any time if the chief officer considers they are:
- Not fitted, physically or mentally, to perform the duties of their office, or
- Not likely to be an efficient or well conducted officer
It is not a disciplinary sanction, but the "well conducted" ground means it can cover conduct as well as capability. Since 28 May 2025 the chief officer can delegate the decision to a senior officer (above chief superintendent), a former senior officer who left within the last five years, or a police staff member of similar seniority, except for a rejoiner who is a senior officer (regulation 13(5) and (6), inserted by SI 2025/558). We found no later amendment to regulation 13, including in July 2026.
2. Regulation 13 vs Misconduct
Misconduct
- • Behaviour breach
- • Standards violation
- • Hearing panel decision
Regulation 13
- • Probationers only
- • Fitness, efficiency or conduct
- • Chief officer (or delegate) decision
No misconduct panel is required for Regulation 13. Home Office guidance says the chief officer has discretion to use either route for a probationer's misconduct, but gross misconduct should ordinarily go through disciplinary proceedings, and if the misconduct is not admitted the misconduct procedures will apply in most if not all cases (paragraphs 4.87 to 4.89). In R (Kay) v Chief Constable of Northumbria Police [2009] EWHC 1835 (Admin), the High Court quashed a Regulation 13 decision because disputed misconduct allegations should have gone through the conduct procedure.
3. Who Can Be Subject to Regulation 13?
It applies only during the period of probation, which is set by Home Office determination under regulation 12 (Home Office guidance describes it as two years for new constables, paragraph 4.82). Once you have completed probation, Regulation 13 no longer applies. Probationary constables are not covered by the Police (Performance) Regulations 2020 (regulation 2(2)), which is why Regulation 13 is the route for their performance.
4. What Does "Not Fit" Mean?
The regulation does not define the grounds further. "Not fitted, physically or mentally" is about your ability to do the job. "Not likely to be an efficient ... officer" is commonly relied on for operational competence, decision-making or unsatisfactory assessment outcomes. "Not likely to be ... well conducted" covers conduct.
It does not require a misconduct finding. But Home Office guidance says a chief officer may decide that misconduct during probation shows you are not fitted to become an efficient or well conducted officer (paragraph 4.90).
5. The Regulation 13 Process
Regulation 13 itself sets no staged procedure. Forces set out their own steps in local policy (West Yorkshire and North Yorkshire, for example, publish Regulation 13 policies), so read yours. What the regulation and Home Office guidance do require comes down to three points:
1 – Told What Is Being Considered
You should know that Regulation 13 is being considered and why, and see the reports being relied on (Home Office guidance, paragraph 4.92, and earlier Home Office guidance as summarised by the Police Federation).
2 – A Fair Hearing
You should be given a fair hearing, meaning an opportunity to comment and present mitigation (paragraph 4.92). You can ask your Federation representative to help.
3 – The Decision
The chief officer, or since 28 May 2025 a delegate, decides whether to dispense with your services (regulation 13(1) and (5)).
6. Is There a Hearing?
Regulation 13 does not follow the misconduct hearing model and there is no panel. However, Home Office guidance says you should be given a fair hearing, meaning an opportunity to comment and present mitigation (paragraph 4.92), and the courts have held that the duty of fairness applies (R (Kay) v Chief Constable of Northumbria Police [2009] EWHC 1835 (Admin)).
7. Notice Period
A constable, DE inspector, DE superintendent or rejoiner is entitled to a month's notice or a month's pay in lieu (regulation 13(2)); this does not apply to special constables. If you give written notice to retire and retire on or before the date your services would be dispensed with, Regulation 13 no longer applies, and you are still paid to the end of the notice month (regulation 13(3) and (4)).
8. Can You Appeal?
Not to a tribunal. Regulation 13 has no appeal procedure, and the Police Appeals Tribunals Rules 2020 cover only conduct, performance and vetting decisions. The legal route is judicial review in the High Court, which has short time limits, so get Federation or legal advice straight away. Your force's policy may also offer an internal review.
9. Does Regulation 13 Affect Pension?
Being dispensed with does not forfeit pension you have built up. Forfeiture needs a qualifying criminal conviction.
- • Pension accrual stops when your service ends
- • Whether you receive a deferred pension or something else depends on your scheme's rules and length of service: ask your pension administrator
- • It is not a misconduct outcome
10. Barred List Placement?
No.
Home Office guidance says a probationer discharged under Regulation 13 will not be added to the police barred list and could be reappointed or re-employed in policing in future (paragraph 4.92). The barred list duty covers dismissals at conduct or performance proceedings (Police Act 1996, section 88A). If your force uses the misconduct procedure instead and you are dismissed, you will be listed.
11. Common Misunderstandings
Reg 13 is disciplinary.
RealityIt is not a disciplinary procedure, but it can be used for conduct as well as capability.
It means you are barred from policing.
RealityYou are not put on the barred list, so it does not bar re-entry (Home Office guidance, paragraph 4.92).
12. Probationary Officers
Regulation 13 can only be used during probation. Probationary constables are outside the Police (Performance) Regulations 2020, so performance concerns during probation, including failed assessments, are dealt with through Regulation 13 rather than the unsatisfactory performance procedures. Probationers remain subject to the misconduct procedures too (Home Office guidance, paragraphs 4.85 and 4.87).
13. Can You Transfer?
Regulation 13 says nothing about transfers. Whether a force will accept a transferee who is still on probation, or under review, is a matter for the forces involved and their policies.
Common Questions
What is Regulation 13 in policing?
Regulation 13 of the Police Regulations 2003 lets the chief officer dispense with the services of a constable, special constable, direct entry inspector or superintendent, or rejoiner during their period of probation, if the chief officer considers they are not fitted, physically or mentally, to perform the duties of their office, or are not likely to be an efficient or well conducted officer. It applies only during probation.
Is Regulation 13 the same as misconduct?
No. It is not a disciplinary procedure and there is no misconduct panel. But it is not purely about capability either: the 'not likely to be ... well conducted' ground means it can be used for conduct concerns. Home Office guidance says gross misconduct allegations should ordinarily go through disciplinary proceedings, and where misconduct is not admitted the misconduct procedures will apply in most if not all cases (paragraphs 4.87 to 4.89).
Does Regulation 13 affect pension?
Being dispensed with does not forfeit pension you have built up; forfeiture needs a qualifying criminal conviction. You stop building pension when you leave. Whether you receive a deferred pension or something else depends on your scheme's rules and your length of service, so ask your pension administrator.
Can you appeal a Regulation 13 dismissal?
Regulation 13 contains no appeal procedure, and the Police Appeals Tribunals Rules 2020 cover conduct, performance and vetting decisions, not Regulation 13. Decisions have been challenged in the High Court by judicial review, for example R (Kay) v Chief Constable of Northumbria Police [2009] EWHC 1835 (Admin), where the decision was quashed because disputed misconduct allegations should have gone through the conduct procedure. Judicial review has short time limits, so get advice quickly.
Are you placed on the barred list under Regulation 13?
No. Home Office guidance says a probationer discharged under Regulation 13 will not be added to the police barred list and could be reappointed or re-employed in policing in future (paragraph 4.92). The barred list duty applies to dismissals at conduct or performance proceedings (Police Act 1996, section 88A).
Regulation 13 is not a disciplinary sanction, but it ends your service. This page is general information, not advice on your case: contact your Federation representative early.
Is this the same as redundancy?
No. Regulation 13 is about an individual probationer's own record. See how it fits alongside every other route out of the service, including why officers can't actually be made redundant.
Can Police Officers Be Made Redundant? →