|
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333 | 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 |
| |
panel”) all or any of the functions conferred on the Defence Council by or |
| |
| 5 |
(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 |
| |
| |
(3) | The members of a service complaint panel, other than any member appointed |
| 10 |
by virtue of section 334(6)(a), are to be appointed by the Defence Council (see |
| |
| |
(4) | The Defence Council may, to such extent and subject to such conditions as they |
| |
consider appropriate, delegate to a person employed in the civil service of the |
| |
| 15 |
(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); |
| |
(b) | their function of appointing members of service complaint panels |
| |
| 20 |
(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 |
| |
| |
(c) | all service complaints. |
| 25 |
(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 332. |
| |
(7) | The Defence Council may authorise a person (whether or not a service |
| |
complaint panel or a member of such a panel) to investigate on their behalf— |
| |
(a) | a particular service complaint; or |
| 30 |
(b) | any service complaint of a description determined by them. |
| |
(8) | In this section “service complaint” has the same meaning as in section 332. |
| |
(9) | Nothing in this section affects the application of section 1(5) or (7) of the |
| |
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 |
| 35 |
Defence Council (in particular, the functions conferred on them by or under |
| |
section 332 and this section). |
| |
334 | Composition and procedure of service complaint panels |
| |
(1) | A person may not be a member of a service complaint panel unless he is— |
| |
(a) | a senior officer (see subsection (4)); or |
| 40 |
(b) | a person employed in the civil service of the State; |
| |
| 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. |
| |
| |
| |
|
| |
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(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— |
| |
(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— |
| 5 |
(a) | make further provision with respect to the composition of service |
| |
| |
(b) | make provision as to the procedure of service complaint panels (either |
| |
generally or in prescribed circumstances). |
| |
(6) | The regulations may in particular— |
| 10 |
(a) | require, in the case of any service complaint of a prescribed description, |
| |
a service complaint panel to include one independent member; |
| |
(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); |
| 15 |
(c) | impose, in the case of any service complaint of a prescribed description, |
| |
a greater requirement than that imposed by any provision of those |
| |
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). |
| 20 |
| |
“independent member” means a person appointed by the Secretary of |
| |
| |
(a) | a member of the regular or reserve forces; or |
| |
(b) | a person employed in the civil service of the State; |
| 25 |
“prescribed” means prescribed by regulations under this section; |
| |
“service complaint” has the same meaning as in section 332; |
| |
“service complaint panel” has the same meaning as in section 333. |
| |
335 | Reference of individual grievance to Her Majesty |
| |
(1) | This section applies if conditions A to C are met. |
| 30 |
(2) | Condition A is that a service complaint is made about a matter by— |
| |
| |
(b) | a person who was an officer at the time the matter occurred. |
| |
| |
(a) | a decision on the complaint is taken by the Defence Council under |
| 35 |
| |
(b) | the Defence Council’s function of taking that decision is not delegated |
| |
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— |
| 40 |
(a) | he should be given redress; or |
| |
(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. |
| |
| |
| |
|
| |
| |
| |
“service complaint” has the same meaning as in section 332; |
| |
“service complaint panel” has the same meaning as in section 333. |
| |
| |
336 | Restriction on aliens in regular forces etc |
| 5 |
(1) | An alien may not be a member of— |
| |
(a) | the regular forces; or |
| |
(b) | any of Her Majesty’s forces raised under the law of a British overseas |
| |
| |
(2) | But the Defence Council may make regulations providing for subsection (1) not |
| 10 |
to apply to an alien who satisfies prescribed conditions. |
| |
(3) | Such a condition may require the alien— |
| |
(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 |
| 15 |
being a member of any of Her Majesty’s forces. |
| |
(5) | In this section “prescribed” means prescribed by regulations made by the |
| |
| |
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Forfeitures and Deductions |
| 20 |
337 | Forfeitures and deductions: general provisions |
| |
(1) | No forfeiture of the pay of a person subject to service law may be imposed |
| |
unless authorised by or under this Act or any other Act. |
| |
(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. |
| 25 |
(3) | Subsections (1) and (2) do not prevent the making by a Royal Warrant under |
| |
section 331, or by any regulation, order or instruction of the Defence Council, |
| |
| |
(a) | for the imposition of any forfeiture authorised by or under an Act; |
| |
(b) | for the making of any deduction so authorised; |
| 30 |
(c) | for the time at which and the way in which amounts may be deducted |
| |
from pay to give effect to authorised deductions; |
| |
(d) | as to the appropriation of amounts deducted; |
| |
(e) | for the determination of questions relating to forfeitures and |
| |
| 35 |
(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 |
| |
minimum rate as may be prescribed by regulations made by the Defence |
| |
| |
| |
| |
|
| |
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(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 |
| |
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 |
| 5 |
service law may also be deducted from any bounty, allowance or grant which |
| |
may be due to him; and references in this section and section 338 to the making |
| |
of deductions from pay are to be read accordingly. |
| |
338 | Permitted forfeitures and deductions |
| |
(1) | The Secretary of State may by regulations make provision for the purpose of |
| 10 |
enabling the Defence Council, or officers authorised by them, to make orders— |
| |
(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 |
| 15 |
by or on behalf of a service authority to meet the whole or part of a sum |
| |
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 |
| 20 |
satisfied has been caused by the relevant person’s wrongful act or |
| |
| |
(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; |
| 25 |
(e) | authorising deductions to be made from the pay of a relevant person |
| |
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 |
| 30 |
accordance with a prescribed maintenance assessment or |
| |
maintenance calculation; or |
| |
(iii) | any amount required to be paid by him by virtue of any |
| |
judgment or order enforceable by a court in the United |
| |
| 35 |
(f) | authorising deductions to be made from the pay of a relevant person |
| |
and to be appropriated towards the maintenance of a spouse, civil |
| |
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 |
| 40 |
suspension of such orders; |
| |
(b) | conferring functions in relation to such orders on the Defence Council; |
| |
(c) | for the delegation by the Defence Council of any of their functions in |
| |
| |
(d) | limiting the amount which may be deducted from a person’s pay; |
| 45 |
(e) | requiring prescribed persons to provide prescribed information, or to |
| |
supply copies of prescribed documents, to the Defence Council or |
| |
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); |
| |
(h) | with respect to the standard of proof which is to apply in connection |
| 5 |
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); |
| |
(j) | with respect to the procedure which is to apply in connection with |
| 10 |
orders made by virtue of subsection (1)(f). |
| |
(3) | Any forfeiture or deduction imposed by virtue of subsection (1)(a), (b) or (c) |
| |
| |
(a) | by the Defence Council; or |
| |
(b) | by an officer authorised by the Defence Council. |
| 15 |
| |
“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 |
| |
to which an order under section 267 (order for service parent or |
| 20 |
guardian to pay fine or compensation) has been made); |
| |
(b) | a sum adjudged to be paid under section 235(3) (forfeiture of |
| |
| |
(c) | an order as to the payment of costs made by virtue of |
| |
regulations under section 26, or made under section 27, of the |
| 25 |
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); |
| |
“relevant person” means a person subject to service law by reason of |
| 30 |
section 360(1) or (2)(a), (b), (c) or (e); |
| |
“service property” has the meaning given by section 26(3). |
| |
(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. |
| 35 |
| |
| |
| |
(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 |
| 40 |
prescribed circumstances in relation to matters connected with any of Her |
| |
| |
(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 |
| |
| 45 |
(b) | the functions of a service inquiry panel; |
| |
| |
| |
|
| |
| |
(c) | the matters that may, or must, be referred to a service inquiry panel; |
| |
(d) | the persons who may convene, and refer matters to, a service inquiry |
| |
| |
(e) | the procedure of service inquiry panels; |
| |
(f) | evidence, including the admissibility of evidence; |
| 5 |
(g) | the representation of witnesses and other persons. |
| |
(3) | Without prejudice to the generality of subsections (1) and (2), the regulations |
| |
| |
(a) | conferring on a person designated for the purpose by the Secretary of |
| |
State power to determine, in prescribed circumstances, that a matter of |
| 10 |
a kind that must be referred to a service inquiry panel need not be so |
| |
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 |
| 15 |
| |
(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 |
| 20 |
| |
(f) | for the making and retention of records of the proceedings of service |
| |
| |
(g) | for the supply of copies of such records, including provision about the |
| |
fees payable for the supply of such copies; |
| 25 |
(h) | for evidence given before service inquiry panels not to be admissible at |
| |
a summary hearing or in proceedings before a court of a prescribed |
| |
description, except in the case of proceedings for an offence of a |
| |
| |
(4) | The regulations may also make provision which is equivalent to that made by |
| 30 |
any provision of section 35 of the Inquiries Act 2005 (c. 12) (offences in |
| |
connection with inquiries), subject to such modifications as the Secretary of |
| |
State considers appropriate. |
| |
(5) | Where the regulations create an offence they may provide— |
| |
(a) | that the offence is a service offence and is punishable by any |
| 35 |
punishment mentioned in rows 7 to 12 of the Table in section 163; or |
| |
(b) | that the offence is an offence triable summarily by a civilian court in the |
| |
United Kingdom, the Isle of Man or a British overseas territory and is |
| |
punishable by a fine not exceeding level 3 on the standard scale. |
| |
(6) | In this section “prescribed” means prescribed by regulations under this section. |
| 40 |
| |
| |
|
| |
| |
| |
| |
Offences relating to service matters punishable by civilian courts |
| |
340 | Aiding or abetting etc desertion or absence without leave |
| |
(1) | A person commits an offence if he aids, abets, counsels or procures the |
| 5 |
commission by another person of an offence under section 8 (desertion) or 9 |
| |
| |
(2) | A person commits an offence if— |
| |
(a) | he knows that another person (“B”) is subject to service law; |
| |
(b) | he does an act intending to cause B to be absent without leave; and |
| 10 |
(c) | it causes B to be absent without leave. |
| |
(3) | A person (“A”) commits an offence if— |
| |
(a) | another person (“B”) has committed an offence under section 8 or 9; |
| |
(b) | A knows or believes B to be guilty of that offence; and |
| |
(c) | A does an act intending to impede B’s apprehension or prosecution. |
| 15 |
(4) | Subsections (1) to (3) apply to any aiding, abetting, counselling or procuring, |
| |
or (as the case may be) any act, done— |
| |
(a) | in a relevant territory; |
| |
(b) | otherwise than in a relevant territory, by a United Kingdom national |
| |
(see section 343) or a person resident in a relevant territory. |
| 20 |
(5) | In subsection (4) “relevant territory” means— |
| |
| |
| |
(c) | a British overseas territory. |
| |
(6) | In subsection (2) (and subsection (4) so far as relating to that subsection) “act” |
| 25 |
includes an omission, and the references to the doing of an act are to be read |
| |
| |
(7) | A person guilty of an offence under this section is liable— |
| |
(a) | on summary conviction, to imprisonment for a term not exceeding the |
| |
relevant maximum or to a fine not exceeding the statutory maximum, |
| 30 |
| |
(b) | on conviction on indictment, to imprisonment for a term not exceeding |
| |
two years or to a fine, or to both. |
| |
(8) | In subsection (7) “the relevant maximum” is— |
| |
(a) | in relation to England and Wales, 12 months; |
| 35 |
| |
341 | Aiding or abetting etc malingering |
| |
(1) | A person commits an offence if he aids, abets, counsels or procures the |
| |
commission by another person of an offence under section 16 (malingering). |
| |
(2) | A person commits an offence if— |
| 40 |
| |
| |
|
