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| | given up to and including |
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| | New Amendments handed in are marked thus  |
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| |  Amendments which will comply with the required notice period at their next appearance
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| | Armed Forces (Service Complaints and
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| | Financial Assistance) Bill [Lords]
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| | | Clause 1, page 1, line 9, leave out “is” |
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| | | Clause 1, page 1, line 9, leave out “is” and insert “has been” |
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| | | Clause 1, page 1, leave out line 10 and insert— |
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| | | “(a) | has been a member of the regular or reserve forces in the last five years |
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| | | ending with the day on which the appointment is to take effect, or” |
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| | | Clause 1, page 1, line 11, after “(b)”, insert “is” |
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| | | Clause 1, page 1, line 13, at end add— |
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| | | (a) | The period for which a person is appointed shall be not less than five |
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| | | years and not more than seven years. |
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| | | (b) | A person who is appointed as Ombudsman may not be re-appointed to |
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| | | Clause 2, page 2, line 15, at end insert— |
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| | | “(2A) | If the person referred to in subsections (1) and (2) is deceased, the complaint may |
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| | | be made or maintained by his or her next of kin, or personal representative.” |
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| | | Clause 2, page 2, leave out lines 25 and 26 and insert— |
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| | | “(a) | for the establishment of a centralised tri-service administrative office for |
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| | | the processing of service complaints; and |
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| | | (b) | for service complaints to be submitted to that office before being passed |
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| | | to an officer of a specified description;” |
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| | | Clause 2, page 2, line 33, leave out “three” and insert “six” |
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| | | Clause 2, page 3, line 12, at end insert— |
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| | | “(5A) | Before making regulations under this section the Defence Council must consult |
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| | | the Service Complaints Ombudsman.” |
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| | | Clause 2, page 4, line 16, leave out “six” and insert “twelve” |
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| | | Clause 2, page 5, line 7, at end insert— |
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| | | “(2A) | Regulations made under section 340E(1)(b) must specify that in relation to any |
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| | | service complaint which includes allegations of discrimination, harassment, or of |
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| | | being victimised as a result of making such allegations— |
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| | | (a) | where a person is appointed by the Defence Council for the purposes of |
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| | | section 340C(1)(a) or 340D(2)(d) that person must have a proven |
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| | | understanding of discrimination and harassment; and |
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| | | (b) | where a panel is appointed by the Defence Council for the purposes of |
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| | | section 340C(1)(a) or 340D(2)(d) at least one member of the panel must |
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| | | have a proven understanding of discrimination and harassment.” |
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| | | Clause 2, page 6, line 12, leave out “may” and insert “must” |
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| | | Clause 2, page 6, leave out lines 22 to 25 and insert— |
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| | | “(1) | The Service Complaints Ombudsman may investigate— |
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| | | (b) | an allegation of maladministration in connection with the handling of a |
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| | | service complaint including an allegation that the handling of a service |
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| | | complaint was inappropriately delayed; and |
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| | | (c) | an allegation of inappropriate delay in relation to a person prior to that |
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| | | person making a formal complaint, or an allegation relating to the staying |
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| | | | where the complainant makes an application to the Ombudsman.” |
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| | | Clause 2, page 6, line 22, leave out from “may” to end of line 25 and insert “, where |
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| | the complainant makes an application to the Ombudsman, investigate— |
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| | | (a) | a service complaint about bullying, discrimination, harassment, or of |
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| | | being victimised as a result of raising a service complaint about such |
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| | | (b) | an allegation of maladministration in connection with the handling of a |
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| | | service complaint including an allegation that the handling of a service |
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| | | complaint was inappropriately delayed; and |
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| | | (c) | an allegation of inappropriate delay in relation to a person prior to that |
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| | | person making a service complaint, or an allegation relating to the |
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| | | Clause 2, page 6, line 24, leave out from “where” to end of line 25 and insert— |
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| | | “(a) | the complainant makes an application to the Ombudsman; or |
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| | | (b) | where a complaint has been active without a decision for longer than one |
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| | | Clause 2, page 6, line 25, at end insert— |
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| | | “(1A) | The Ombudsman may, after advising the Secretary of State, investigate any |
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| | | matter deemed to be in the public interest on— |
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| | | (a) | any aspect of the system mentioned in section 340O(2)(a); |
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| | | (b) | any matter relating to the Ombudsman’s functions under this Part; and |
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| | | make a report to the Secretary of State.” |
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| | | Clause 2, page 6, line 30, after “allegation”, insert “or service complaint” |
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| | | Clause 2, page 6, line 30, after “allegation”, insert “arising from an application |
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| | made by a complainant under subsection (1)(a)” |
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| | | Clause 2, page 6, line 34, after “complaint”, insert “or the complaint” |
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| | | Clause 2, page 6, line 34, after “allegation”, insert “of maladministration” |
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| | | Clause 2, page 6, line 38, at end insert— |
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| | | “(3A) | Service Complaints Regulations must make provision for— |
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| | | (a) | procedures for the Ombudsman to be notified when a complaint has been |
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| | | active without a decision for longer than one calendar year; and |
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| | | (b) | the Secretary of State may make regulations in this area, in consultation |
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| | | with the Service Complaints Ombudsman, regarding the circumstances |
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| | | in which the Ombudsman may start an investigation.” |
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| | | Clause 2, page 6, line 39, after “investigation”, insert “arising from an application |
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| | | Clause 2, page 6, line 40, leave out “alleged” and insert “the service complaint |
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| | referred to in subsection (1)(a) is well founded or any” |
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| | | Clause 2, page 6, line 42, at end insert— |
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| | | “(4A) | The purpose of an investigation arising from subsection (1)(b) is to decide |
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| | | (a) | the reasons why no decision has been reached on the complaint; and |
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| | | (b) | whether those reasons amount to maladministration and, if so, whether |
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| | | this has, or could have, resulted in injustice being sustained by the |
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| | | Clause 2, page 7, line 13, at end insert— |
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| | | (a) | In this section a complaint shall be considered active from the time it is |
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| | | made until a decision is made upon it by the Defence Council; and |
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| | | (b) | the period referred to in (a) shall include any period in which the |
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| | | complaint is stayed or paused in any way.” |
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| | | Clause 2, page 7, line 17, leave out subsection (2). |
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| | | Clause 2, page 7, line 19, leave out from (3) to “the” |
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| | | Clause 2, page 7, line 24, leave out subsection (5). |
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| | | Clause 2, page 8, line 28, at end insert— |
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| | | “( ) | The Service Complaints Ombudsman may prepare a report at any point in time if |
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| | | it appears to him to be in the public interest.” |
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| | | Clause 2, page 8, leave out lines 29 to 32 and insert— |
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| | | “(2) | Where the Ombudsman finds— |
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| | | (a) | that the service complaint is well-founded; |
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| | | (b) | maladministration in connection with the handling of the service |
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| | | complaint to which the investigation relates; |
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| | | | the report must also set out the Ombudsman’s recommendations (if any) as a |
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| | | Clause 2, page 8, line 32, at end insert— |
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| | | “(2A) | Before finalising the report, the Ombudsman shall send a copy of the report |
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| | | setting out the Ombudsman’s findings and proposed recommendations to the |
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| | | Defence Council and the complainant giving them at least 28 days to make |
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| | | representations in relation to the proposed recommendations. |
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| | | (2B) | In preparing the final report of an investigation the Ombudsman shall take into |
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| | | account any representations made under subsection (2A) in relation to the |
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| | | proposed recommendations in the report.” |
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| | | Clause 2, page 8, line 35, at end insert— |
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| | | “(aa) | the wrong complained of,” |
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| | | Clause 2, page 8, line 36, at end insert— |
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| | | “(aa) | the substance of the original complaint” |
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| | | Clause 2, page 8, line 38, after first “the”, insert “wrong complained of or” |
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| | | Clause 2, page 8, line 38, leave out “of the maladministration” and insert “of |
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