Armed Forces (Service Complaints and Financial Assistance) Bill - Defence Committee Contents


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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Prepared 23 October 2014