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Armed Forces Bill


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

168

 

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

under section 332.

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

Council.

(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

further section 334).

(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

State or an officer—

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(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

under subsection (3).

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(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

Council; or

(c)   

all service complaints.

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(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

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(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

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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.

 
 

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

169

 

(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

complaint panels;

(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).

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(7)   

In this section—

“independent member” means a person appointed by the Secretary of

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;

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—

(a)   

an officer; or

(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

35

section 332; and

(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.

 
 

Armed Forces Bill
Part 15 — Forfeitures and Deductions

170

 

(6)   

In this section—

“service complaint” has the same meaning as in section 332;

“service complaint panel” has the same meaning as in section 333.

Restriction on aliens

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

territory.

(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

Defence Council.

Part 15

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,

of provision—

(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

deductions.

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

Council.

 
 

Armed Forces Bill
Part 15 — Forfeitures and Deductions

171

 

(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

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;

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

Kingdom;

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

relation to such orders;

(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;

 
 

Armed Forces Bill
Part 16 — Inquiries

172

 

(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)

may be remitted—

(a)   

by the Defence Council; or

(b)   

by an officer authorised by the Defence Council.

15

(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

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

recognizance); or

(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

Part 16

Inquiries

339     

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

40

prescribed circumstances in relation to matters connected with any of Her

Majesty’s forces.

(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;

45

(b)   

the functions of a service inquiry panel;

 
 

Armed Forces Bill
Part 16 — Inquiries

173

 

(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

panel;

(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

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

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

panel;

(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

service inquiry panels;

(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;

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

prescribed description.

(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

 
 

Armed Forces Bill
Part 17 — Miscellaneous

174

 

Part 17

Miscellaneous

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

(absence without leave).

(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—

(a)   

the United Kingdom;

(b)   

the Isle of Man; or

(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

accordingly.

(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

or to both;

(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

(b)   

otherwise, 6 months.

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—

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