Annex: Amendments to the Bill
These draft amendments are based on the version of
the Bill as introduced into the House of Lords (HL Bill 3).[105]
Amendment group A (see paragraph
19)
Terms of appointment of the
Service Complaints Ombudsman
Clause 1, page 1, line 9, leave out "is".
Clause 1, page 1, leave out line 10 and insert "(a)
has been a member of the regular or reserve forces in the last
5 years ending with the day on which the appointment is to take
effect, or"
Clause 1, page 1, line 11, after "(b)"
insert 'is'.
Amendment B (see paragraph 25)
Tenure of appointment of the
Service Complaints Ombudsman
Clause 1, page 1, line 13, at end add:
"(4A) (a) The period for which a person is appointed
shall be not less than 5 years and not more than 7 years.
(b) A person who has been appointed as Ombudsman
may not be re-appointed to the office."
Amendment C (see paragraph 29)
Section 340B: Procedure for
making a complaint and determining admissibility
Clause 2, page 3, line 12 at end insert:
"(5A) Before making regulations under this section
the Defence Council must consult the Service Complaints Ombudsman."
Amendment group D (see paragraphs
42 and 45)
Section 340H: Ombudsman investigations
Clause 2, page 6, leave out lines 22 to 25 and insert:
"(1) The Service Complaints Ombudsman may investigate:
(a) a service complaint
(b) an allegation of maladministration in connection
with the handling of a service complaint including an allegation
that the handling of a service complaint was inappropriately delayed
(c) an allegation of inappropriate delay in relation
to a person prior to that person making a formal complaint, or
an allegation relating to the staying of a complaint
where the complainant makes an application to the
Ombudsman."
Clause 2, page 6, line 30, after "allegation"
insert "or service complaint"
Clause 2, page 6, line 34, after "complaint"
insert "or the complaint"
Clause 2, page 6, line 34, after "allegation"
insert "of maladministration"
Clause 2, page 6, line 40, leave out "alleged"
and insert "the service complaint referred to in subsection
(1)(a) is well founded or any"
Clause 2, page 8, leave out lines 29 to 32 and insert
"(2) Where the Ombudsman finds-
(a) that the service complaint is well-founded
(b) maladministration in connection with the handling
of the service complaint to which the investigation relates
the report must also set out the Ombudsman's recommendations
(if any) as a result of that finding."
Clause 2, page 8, line 35, at end insert
"(aa) the wrong complained of,"
Clause 2, page 8, line 38, after the first "the"
insert "wrong complained of or".
Amendment group E (see paragraph
52)
Section 340I Procedure on
Ombudsman investigations
Clause 2, page 7, line 17, leave out subsection (2).
Clause 2, page 7, line 19 leave out from (3) to "the".
Clause 2, page 7, line 24, leave out subsection (5).
Amendment F (see paragraph 57)
Section 340L Report and recommendations
Clause 2, page 9, line 10, leave out paragraph (c)
and insert:
(c) provision for the imposition on those to whom
reports are sent of obligations of confidentiality in the interests
of—
(i) national security, or
(ii) the safety of any person."
Amendment group G (see paragraph
63)
Section 340M: Action following
receipt of report
Clause 2, page 9, line 15, at end insert:
"(aa) accept the findings and recommendations
of the Service Complaints Ombudsman".
Clause 2, page 9, line 17 leave out "(if any)".
Clause 2, page 9, leave out lines 20 to 22.
Amendment H (see paragraph 74)
Thematic Reviews
Clause 2, page 11, line 42, at end add:
"( ) The Ombudsman may report to the Secretary
of State on any matter relating to service complaints and the
procedure for the handling of service complaints as the Ombudsman
considers appropriate."
105 Armed Forces (Service Complaints and Financial Assistance) Bill
[Lords] [Bill 003 (2014-15)] Back
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