House of Commons Amendments

Session 2014 - 15
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Other Bills before Parliament

1705

House of Commons

Notices of Amendments

given on

Monday 2 March 2015

Consideration of Bill

Armed Forces (Service Complaints and Financial Assistance) Bill

[Lords], As Amended

Secretary Michael Fallon

Clause  2,  page  6,  line  28,  after “may”, insert “, on an application to the

Ombudsman by a person within subsection (1A),”

Member’s explanatory statement

This amendment clarifies the provision made in new section 340H(1) for the Armed Forces Act

2006 (inserted by clause 2 of the Bill) about the making of applications to the Service Complaints

Ombudsman. See also amendment 5.

Secretary Michael Fallon

Clause  2,  page  6,  line  29,  after “complaint”, insert “, where the Ombudsman is

satisfied that the complaint has been finally determined”

Member’s explanatory statement

This amendment makes a drafting change in consequence of amendment 9. It clarifies that the

Service Complaints Ombudsman may not investigate a service complaint unless satisfied that the

complaint has been finally determined.

Secretary Michael Fallon

Clause  2,  page  6,  line  31,  leave out from “complaint” to end of line 32 and insert

“(including an allegation of undue delay), where the Ombudsman is satisfied that the

complaint has been finally determined;”

Member’s explanatory statement

This amendment makes minor drafting changes, including a change in consequence of amendment

9. It clarifies that the Service Complaints Ombudsman may not investigate an allegation of

maladministration unless satisfied that the service complaint to which the allegation relates has

been finally determined.

Secretary Michael Fallon

Clause  2,  page  6,  leave out lines 33 to 37 and insert—

“(c)
an allegation of undue delay in the handling of a service complaint which

has not been finally determined;

Notices of Amendments:
1706

, continued

(d)
an allegation of undue delay in the handling of a relevant service matter.”

Member’s explanatory statement

This amendment clarifies when the Service Complaints Ombudsman may investigate an allegation

of undue delay in the handling of a service complaint or a relevant service matter (as to which, see

amendment 6).

Secretary Michael Fallon

Clause  2,  page  6,  line  37,  at end insert—

“(1A)
The following persons are within this subsection—

(a)
in a case relating to a service complaint, the complainant;

(b)
in a case relating to a matter in respect of which a service complaint has

not been made, the person who raised the matter,


and, in relation to a case mentioned in paragraph (b), references in the remainder

of this Part to the complainant and to a service complaint are to be read

respectively as references to the person and the matter mentioned in that

paragraph.”

Member’s explanatory statement

This amendment makes provision about who may make an application to the Service Complaints

Ombudsman for an investigation under new section 340H(1) of the Armed Forces Act 2006.

Secretary Michael Fallon

Clause  2,  page  6,  line  37,  at end insert—

“( )
For the purposes of subsection (1)(d)—

(a)
“relevant service matter” means a matter of a kind about which a service

complaint—

(i)
may be made, whether or not at the time of the application to the

Ombudsman such a complaint has been made, or

(ii)
could have been made (but for provision made by virtue of

section 340B(2)(c));

(b)
the reference to the handling of a matter is to its handling before the

making of a service complaint (if any) about the matter.”

Member’s explanatory statement

This amendment defines “relevant service matter” for the purposes of paragraph (d) of new

section 340H(1) of the Armed Forces Act 2006 (see amendment 4) and makes provision about the

reference to the handling of such a matter.

Secretary Michael Fallon

Clause  2,  page  6,  line  39,  after “writing,”, insert—

“( )
must specify the kind (or kinds) of investigation which the complainant

wishes the Ombudsman to carry out (an investigation under a particular

paragraph of subsection (1) being a “kind” of investigation for this

purpose),”

Member’s explanatory statement

This amendment provides that an application to the Service Complaints Ombudsman must specify

which type or types of investigation the applicant wants the Ombudsman to carry out.

Notices of Amendments:
1707

, continued

Secretary Michael Fallon

Clause  2,  page  6,  line  40,  leave out “the” and insert “any other”

Member’s explanatory statement

This amendment is consequential on amendment 7.

Secretary Michael Fallon

Clause  2,  page  6,  line  42,  leave out from beginning to “a” in line 44 and insert—

“( )
For the purposes of this section, a service complaint has been finally determined

where—

(a)
”

Member’s explanatory statement

This amendment converts new section 340H(3) for the Armed Forces Act 2006 into a general

proposition about when a service complaint is to be treated for the purposes of new section 340H

as having been finally determined.

Secretary Michael Fallon

Clause  2,  page  7,  line  5,  leave out “that”

Member’s explanatory statement

This amendment is consequential on amendment 9.

Secretary Michael Fallon

Clause  2,  page  7,  leave out lines 7 to 11 and insert—

“( )
The purpose of an investigation is—

(a)
in the case of an investigation under subsection (1)(a), to decide whether

the complaint is well-founded and, if so, to consider what redress (if any)

would be appropriate;

(b)
in the case of an investigation under subsection (1)(b), (c) or (d), to

decide—

(i)
whether the allegation is well-founded, and

(ii)
if so, whether the maladministration or undue delay to which the

allegation relates has or could have resulted in injustice being

sustained by the complainant.”

Member’s explanatory statement

This amendment clarifies the purpose of an investigation under each paragraph of new section

340H(1) for the Armed Forces Act 2006.

Secretary Michael Fallon

Clause  2,  page  7,  line  11,  at end insert—

“(4A)
The power to carry out an investigation under subsection (1)(a) or (b) includes

power to investigate any maladministration in the handling of the service

complaint where it becomes apparent to the Ombudsman during the course of an

investigation that any such maladministration may have occurred.”

Member’s explanatory statement

This amendment provides for the circumstances in which the Service Complaints Ombudsman has

power to investigate maladministration in the handling of a service complaint (other than any

maladministration that the complainant has specifically alleged).

Notices of Amendments:
1708

, continued

Secretary Michael Fallon

Clause  2,  page  7,  line  12,  after “application”, insert “in respect of a service

complaint that has been finally determined”

Member’s explanatory statement

This amendment is consequential on the amendments to new section 340H(1) for the Armed Forces

Act 2006 (in particular amendments 2 to 4).

Secretary Michael Fallon

Clause  2,  page  7,  line  25,  leave out “investigated an application relating to” and

insert “carried out an investigation under subsection (1)(a) or (b) in relation to”

Member’s explanatory statement

This amendment confines new section 340H(8), which prevents the Service Complaints

Ombudsman from investigating subsequent applications relating to a service complaint that the

Ombudsman has already investigated, to cases where the Ombudsman has carried out an

investigation under new section 340H(1)(a) or (b) in relation to the complaint.

Secretary Michael Fallon

Clause  2,  page  7,  line  31,  at end insert “;

(b)
whether to investigate a service complaint, or an allegation, as a whole or

only in particular respects.”

Member’s explanatory statement

This amendment provides that the Service Complaints Ombudsman’s may investigate a service

complaint, or an allegation, in whole or in part.

Secretary Michael Fallon

Clause  2,  page  7,  line  44,  after “investigation”, insert “under section 340H(1)(b)”

Member’s explanatory statement

This amendment is consequential on amendments to new section 340H(1) of the Armed Forces Act

2006.

Secretary Michael Fallon

Clause  2,  page  8,  line  43,  at end insert “, and

(b)
any recommendations referred to in subsection (2A).”

Member’s explanatory statement

This amendment requires the Service Complaints Ombudsman to include, in a report under new

section 340L, any recommendations required by subsection (2A) (see amendment 18).

Secretary Michael Fallon

Clause  2,  page  9,  leave out lines 1 to 4 and insert—

“(2A)
Those recommendations are—

(a)
on an investigation under section 340H(1)(a) where the Ombudsman

finds that the service complaint to which the investigation relates is well-

founded, the Ombudsman’s recommendations (if any) on what redress

would be appropriate;

(b)
on an investigation under section 340H(1)(b), (c) or (d) where the

Ombudsman finds that the allegation to which the investigation relates is

Notices of Amendments:
1709

, continued

well-founded, the Ombudsman’s recommendations (if any) as a result of

that finding;

(c)
where, by virtue of section 340H(4A), the Ombudsman finds

maladministration in the handling of a service complaint, the

Ombudsman’s recommendations (if any) as a result of that finding.”

Member’s explanatory statement

This amendment provides for the recommendations which the Service Complaints Ombudsman

can make as a result of findings on an investigation under any paragraph of new section 340H(1)

or by virtue of new section 340H(6).

Secretary Michael Fallon

Clause  2,  page  9,  line  5,  leave out “(2)” and insert “(2A)(b) or (c)”

Member’s explanatory statement

This amendment is consequential on amendment 18.

Secretary Michael Fallon

Clause  2,  page  9,  line  8,  after “maladministration”, insert “or undue delay to which

the finding relates”

Member’s explanatory statement

This amendment is consequential on amendment 18.

Secretary Michael Fallon

Clause  2,  page  9,  line  10,  after “maladministration”, insert “or undue delay”

Member’s explanatory statement

This amendment is consequential on amendment 18.



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