Armed Forces Bill

House of Commons

Session 2005 - 06
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Armed Forces Bill

Armed Forces Bill
Part 14 — Enlistment, Terms of Service etc
165

Redress of individual grievances
330
Redress of individual grievances: service complaints
(1)
If—
(a)
a person subject to service law thinks himself wronged in any matter
relating to his service, or
5
(b)
a person who has ceased to be subject to service law thinks himself
wronged in any such matter which occurred while he was so subject,

he may make a complaint about the matter under this section (a “service
complaint”).
(2)
But a person may not make a service complaint about a matter of a description
10
specified in regulations made by the Secretary of State.
(3)
The Defence Council must by regulations make provision with respect to the
procedure for making and dealing with service complaints.
(4)
The regulations must in particular make provision requiring—
(a)
a service complaint to be made to an officer of a prescribed description;
15
(b)
the officer to whom a service complaint is made to decide whether to
consider the complaint himself or to refer it to a superior officer of a
prescribed description or to the Defence Council;
(c)
a service complaint considered by the officer to whom the complaint is
made to be referred, on the application of the complainant, to a superior
20
officer of a prescribed description or (if the officer considers it
appropriate) to the Defence Council;
(d)
a superior officer to whom a service complaint is referred by virtue of
paragraph (b) or (c) to decide whether to consider the complaint
himself or to refer it to the Defence Council;
25
(e)
a service complaint considered by a superior officer to whom the
complaint is referred by virtue of paragraph (b) or (c) to be referred, on
the application of the complainant, to the Defence Council.
(5)
Without prejudice to the generality of subsections (3) and (4), the regulations
may also make provision—
30
(a)
as to the way in which a service complaint is to be made (including
provision as to the information to be provided by the complainant);
(b)
that a service complaint may not be made, except in prescribed
circumstances, after the end of a prescribed period.
(6)
A period prescribed under subsection (5)(b) must not be less than three months
35
beginning with the day on which the matter complained of occurred.
(7)
If, under provision made by virtue of subsections (3) and (4)—
(a)
an officer decides to consider a service complaint himself, or
(b)
a service complaint is referred to the Defence Council,

the officer or the Defence Council (“the appropriate person”) must decide
40
whether the complaint is well-founded.
(8)
If the appropriate person decides that the complaint is well-founded, he
must—
(a)
decide what redress (if any), within his authority, would be
appropriate; and
45
(b)
grant any such redress.

Armed Forces Bill
Part 14 — Enlistment, Terms of Service etc
166

(9)
In this section “prescribed” means prescribed by regulations made by the
Defence Council.
331
Service complaints: role of Defence Council and service complaint panels
(1)
The Defence Council may, to such extent and subject to such conditions as they
consider appropriate, delegate to a panel of persons (a “service complaint
5
panel”) all or any of the functions conferred on the Defence Council by or
under section 330.
(2)
The delegation under subsection (1) of a function may relate to—
(a)
a particular service complaint; or
(b)
any service complaint of a description determined by the Defence
10
Council.
(3)
The members of a service complaint panel, other than any member appointed
by virtue of section 332(6)(a), are to be appointed by the Defence Council (see
further section 332).
(4)
The Defence Council may, to such extent and subject to such conditions as they
15
consider appropriate, delegate to a person employed in the civil service of the
State or an officer—
(a)
their function of deciding whether, and if so to what extent and subject
to what conditions, they should delegate any of their functions to a
service complaint panel under subsection (1);
20
(b)
their function of appointing members of service complaint panels
under subsection (3).
(5)
The delegation under subsection (4) of a function may relate to—
(a)
a particular service complaint;
(b)
any service complaint of a description determined by the Defence
25
Council; or
(c)
all service complaints.
(6)
The Defence Council may require a service complaint panel to assist them in
carrying out any of the functions conferred on them by or under section 330.
(7)
The Defence Council may authorise a person (whether or not a service
30
complaint panel or a member of such a panel) to investigate on their behalf—
(a)
a particular service complaint; or
(b)
any service complaint of a description determined by them.
(8)
In this section “service complaint” has the same meaning as in section 330.
(9)
Nothing in this section affects the application of section 1(5) or (7) of the
35
Defence (Transfer of Functions) Act 1964 (c. 15) (discharge by Service Boards of
Defence Council’s functions under any enactment etc) to the functions of the
Defence Council (in particular, the functions conferred on them by or under
section 330 and this section).
332
Composition and procedure of service complaint panels
40
(1)
A person may not be a member of a service complaint panel unless he is—
(a)
a senior officer (see subsection (4)); or
(b)
a person employed in the civil service of the State;

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Part 14 — Enlistment, Terms of Service etc
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but this is subject to any regulations made by virtue of subsection (6)(a)
(appointment of independent members).
(2)
A service complaint panel must consist of at least two members.
(3)
At least one member of a service complaint panel must be a senior officer.
(4)
In this section “senior officer” means an officer who is—
5
(a)
subject to service law; and
(b)
of or above the rank of commodore, brigadier or air commodore.
(5)
The Secretary of State may by regulations—
(a)
make further provision with respect to the composition of service
complaint panels;
10
(b)
make provision as to the procedure of service complaint panels (either
generally or in prescribed circumstances).
(6)
The regulations may in particular—
(a)
require, in the case of any service complaint of a prescribed description,
a service complaint panel to include one independent member;
15
(b)
impose, in the case of all service complaints or any service complaint of
a prescribed description, any requirement in addition to those imposed
by subsections (1) to (4);
(c)
impose, in the case of any service complaint of a prescribed description,
a greater requirement than that imposed by any provision of those
20
subsections (for example, requiring an officer to be of or above a higher
rank than those specified in subsection (4) in order to be a senior officer
for the purposes of this section).
(7)
In this section—
“independent member” means a person appointed by the Secretary of
25
State who is not—
(a)
a member of the regular or reserve forces; or
(b)
a person employed in the civil service of the State;
“prescribed” means prescribed by regulations under this section;
“service complaint” has the same meaning as in section 330;
30
“service complaint panel” has the same meaning as in section 331.
333
Reference of individual grievance to Her Majesty
(1)
This section applies if conditions A to C are met.
(2)
Condition A is that a service complaint is made about a matter by—
(a)
an officer; or
35
(b)
a person who was an officer at the time the matter occurred.
(3)
Condition B is that—
(a)
a decision on the complaint is taken by the Defence Council under
section 330; and
(b)
the Defence Council’s function of taking that decision is not delegated
40
to a service complaint panel to any extent.
(4)
Condition C is that the complainant makes an application to the Defence
Council stating why, in his view—
(a)
he should be given redress; or

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Part 15 — Forfeitures and Deductions
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(b)
he should be given different or additional redress.
(5)
The Defence Council must make a report on the complaint to Her Majesty, in
order to receive the directions of Her Majesty on the complaint.
(6)
In this section—
“service complaint” has the same meaning as in section 330;
5
“service complaint panel” has the same meaning as in section 331.
Restriction on aliens
334
Restriction on aliens in regular forces etc
(1)
An alien may not be a member of—
(a)
the regular forces; or
10
(b)
any of Her Majesty’s forces raised under the law of a British overseas
territory.
(2)
But the Defence Council may make regulations providing for subsection (1) not
to apply to an alien who satisfies prescribed conditions.
(3)
Such a condition may require the alien—
15
(a)
to be of a prescribed nationality; and
(b)
to serve in a prescribed unit.
(4)
Section 3 of the Act of Settlement (1700 c. 2) does not prevent any person from
being a member of any of Her Majesty’s forces.
(5)
In this section “prescribed” means prescribed by regulations made by the
20
Defence Council.
Part 15
Forfeitures and Deductions
335
Forfeitures and deductions: general provisions
(1)
No forfeiture of the pay of a person subject to service law may be imposed
25
unless authorised by or under this Act or any other Act; but a relevant
instrument may not authorise any forfeiture of pay.
(2)
No deduction from the pay of a person subject to service law may be made
unless authorised by or under this Act or any other Act or authorised by Royal
Warrant; but a Royal Warrant or relevant instrument may not authorise—
30
(a)
the making of any deduction from the pay of a person who is subject to
service law by reason of section 357(2)(d); or
(b)
the making of any penal deduction.
(3)
Subsections (1) and (2) do not prevent the making by a Royal Warrant or
relevant instrument, or by any regulation, order or instruction of the Defence
35
Council, of provision—
(a)
for the imposition of any forfeiture authorised by or under an Act;
(b)
for the making of any deduction so authorised;
(c)
for the time at which and the way in which amounts may be deducted
from pay to give effect to authorised deductions;
40

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Part 15 — Forfeitures and Deductions
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(d)
as to the appropriation of amounts deducted;
(e)
for the determination of questions relating to forfeitures and
deductions.
(4)
A person subject to service law shall, notwithstanding any deduction from his
pay but subject to any forfeiture, remain in receipt of pay at not less than such
5
minimum rate as may be prescribed by regulations made by the Defence
Council.
(5)
Notwithstanding the forfeiture of the pay of a person subject to service law for
any period, he may remain in receipt of pay at such minimum rate as may be
prescribed by regulations made by the Defence Council; but the amount
10
received for that period may be recovered from him by deduction from pay.
(6)
Any amount authorised to be deducted from the pay of a person subject to
service law may be deducted from any balance (whether or not representing
pay) which may be due to him; and references in this section and section 336 to
the making of deductions from pay are to be read accordingly.
15
(7)
In this section—
“penal deduction” means a deduction to be made by reason of the
commission of any offence or other wrongful act or in consequence of
any negligence;
“relevant instrument” means an Order in Council under the Naval and
20
Marine Pay and Pensions Act 1865 (c. 73) or an order under section 2 of
the Air Force (Constitution) Act 1917 (c. 51).
336
Permitted forfeitures and deductions
(1)
The Secretary of State may by regulations make provision for the purpose of
enabling the Defence Council, or officers authorised by them, to make orders—
25
(a)
authorising the pay of a person subject to service law to be forfeited for
or in respect of any period of prescribed absence from duty;
(b)
authorising deductions to be made from the pay of a relevant person
and to be appropriated in or towards satisfaction of any amount paid
by or on behalf of a service authority to meet the whole or part of a sum
30
that the person has been ordered to pay by a civilian court (anywhere);
(c)
authorising deductions to be made from the pay of a relevant person
and to be appropriated as or towards compensation for any loss of, or
damage to, public or service property which a prescribed person is
satisfied has been caused by the relevant person’s wrongful act or
35
negligence;
(d)
authorising deductions to be made from the pay of a person subject to
service law and to be appropriated in or towards satisfaction of any
payment which he is required to make in respect of a financial penalty;
(e)
authorising deductions to be made from the pay of a relevant person
40
and to be appropriated in or towards satisfaction of—
(i)
any prescribed payment which he is required to make under, or
in connection with, a prescribed maintenance order;
(ii)
any obligation on his part to make periodical payments in
accordance with a prescribed maintenance assessment or
45
maintenance calculation; or

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(iii)
any amount required to be paid by him by virtue of any
judgment or order enforceable by a court in the United
Kingdom;
(f)
authorising deductions to be made from the pay of a relevant person
and to be appropriated towards the maintenance of a spouse, civil
5
partner, former spouse, former civil partner, child or prescribed person.
(2)
Regulations under this section may in particular make provision—
(a)
with respect to the duration, variation, revocation, continuation or
suspension of such orders;
(b)
conferring functions in relation to such orders on the Defence Council;
10
(c)
for the delegation by the Defence Council of any of their functions in
relation to such orders;
(d)
limiting the amount which may be deducted from a person’s pay;
(e)
requiring prescribed persons to provide prescribed information, or to
supply copies of prescribed documents, to the Defence Council or
15
persons authorised by them;
(f)
with respect to the computation of time for the purposes of orders
made by virtue of subsection (1)(a);
(g)
with respect to the carrying out of investigations in connection with
orders made by virtue of subsection (1)(c);
20
(h)
with respect to the standard of proof which is to apply in connection
with orders made by virtue of subsection (1)(c);
(i)
for any prescribed forfeiture of a person’s pay to apply only to so much
of his pay as remains after any deduction from that pay in accordance
with an order made by virtue of subsection (1)(e) or (f);
25
(j)
with respect to the procedure which is to apply in connection with
orders made by virtue of subsection (1)(f).
(3)
Any forfeiture or deduction imposed by virtue of subsection (1)(a), (b) or (c)
may be remitted—
(a)
by the Defence Council; or
30
(b)
by an officer authorised by the Defence Council.
(4)
In this section—
“financial penalty” means—
(a)
a fine or service compensation order imposed by virtue of this
Act (including a fine or service compensation order with respect
35
to which an order under section 267 (order for service parent or
guardian to pay fine or compensation) has been made);
(b)
a sum adjudged to be paid under section 235(3) (forfeiture of
recognizance);
(c)
an order as to the payment of costs made by virtue of
40
regulations under section 26, or made under section 27, of the
Armed Forces Act 2001 (c. 19);
“prescribed” means prescribed, or of a description prescribed, by
regulations under this section;
“public property” has the meaning given by section 26(2);
45
“relevant person” means a person subject to service law by reason of
section 357(1) or (2)(a), (b), (c) or (e);
“service property” has the meaning given by section 26(3).

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Part 16 — Inquiries
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(5)
The reference in subsection (1)(e)(iii) to a judgment or order enforceable by a
court in the United Kingdom includes a judgment enforceable by the
Enforcement of Judgments Office.
Part 16
Inquiries
5
337
Service inquiries
(1)
The Secretary of State may make regulations for causing inquiries, to be known
as service inquiries, to be held (whether or not in the United Kingdom) in
prescribed circumstances in relation to matters connected with any of Her
Majesty’s forces.
10
(2)
The regulations may in particular make provision with respect to—
(a)
the persons, to be known as a service inquiry panel, who are to conduct
a service inquiry;
(b)
the functions of a service inquiry panel;
(c)
the matters that may, or must, be referred to a service inquiry panel;
15
(d)
the persons who may convene, and refer matters to, a service inquiry
panel;
(e)
the procedure of service inquiry panels;
(f)
evidence, including the admissibility of evidence;
(g)
the representation of witnesses and other persons.
20
(3)
Without prejudice to the generality of subsections (1) and (2), the regulations
may make provision—
(a)
conferring on a person designated for the purpose by the Secretary of
State power to determine, in prescribed circumstances, that a matter of
a kind that must be referred to a service inquiry panel need not be so
25
referred (and as to the recording of such a determination);
(b)
as to oaths and affirmations for witnesses and other persons;
(c)
conferring on prescribed persons a right, subject to such exceptions as
may be prescribed, to be present at proceedings of a service inquiry
panel;
30
(d)
for procuring the attendance of witnesses and other persons and the
production of documents and other things (including the giving of
notices by judge advocates);
(e)
about the payment of expenses to persons attending proceedings of
service inquiry panels;
35
(f)
for the making and retention of records of the proceedings of service
inquiry panels;
(g)
for the supply of copies of such records, including provision about the
fees payable for the supply of such copies;
(h)
for evidence given before service inquiry panels not to be admissible at
40
a summary hearing or in proceedings before a court of a prescribed
description, except in the case of proceedings for an offence of a
prescribed description.
(4)
The regulations may also make provision which is equivalent to that made by
any provision of section 35 of the Inquiries Act 2005 (c. 12) (offences in
45