DRAFT STATUTORY INSTRUMENTS
Attachment 2
Draft Regulations laid before Parliament under
section 373 (3) of the Armed Forces Act 2006 for approval by resolution
of each House of Parliament.
201[] No. 0000
DEFENCE
Armed Forces (Service Complaints Miscellaneous
Provisions) Regulations 201[]
Made - - - - ****201[]
Coming into force - - ****201[]
The Secretary of State, in exercise of the powers conferred by section 340A(4), [340E(1)] and 340N of the Armed Forces Act 2006([6]), makes the following regulations:
In accordance with section 373(3) of the Armed Forces Act 2006 a draft of this instrument was laid before, and approved by resolution of, each House of Parliament.
Citation and commencement
1. These Regulations may be cited as the Armed Forces (Service
Complaints Miscellaneous Provisions) Regulations 201[] and come
into force on [date to be inserted].
Interpretation
2. In these Regulations—
"the Act" means the Armed Forces Act 2006;
"appropriate officer" has the same meaning
as in section 340N(2) of the Act;
"the Service Complaints Regulations" means
the Armed Forces (Service Complaints) Regulations 201[]
["independent member" shall be interpreted
as in accordance with section 340E(4) of the Act; to be
retained if provisions are made under 340E]
"in writing" includes -
(a) transmitted by electronic means;
(b) received in a legible form; and
(c) capable of being used for subsequent reference.
"Ombudsman" means the Service Complaints
Ombudsman.
Excluded complaints
3.—(1) A person may not make a service complaint
about a matter within the Schedule.
(2) [Provision to be made here to exclude complaints about
any aspect of the handling of a complaint or about the result:
these are a matter for appeal and application to the Ombudsman]
Appointment of person or panel of persons by the
Defence Council under the Service Complaints Regulations
4.—(1) The following
persons shall not be appointed by virtue of section 340C(1)(a)
of the Act (the appointment of a person or panel of persons to
decide complaints):
(a) a person who is the subject of the complaint
or [is, in the statement of complaint made in accordance with
regulations made by the Defence Council under section 340B(2)(b),
alleged to be implicated in any way in the matter, or matters,
complained about]; or
(b) an officer of the Naval Chaplaincy Service,
the Royal Army Chaplains Department or the Royal Air Force Chaplains
Branch.
(2) The following persons shall not be appointed
by virtue of section 340D(2)(d) of the Act (the appointment of
a person or panel of persons to determine appeals):
(a) a person who is the subject of the complaint,
or [is, in the statement of complaint made in accordance with
regulations made by the Defence Council under section 340B(2)(b),
alleged to be implicated in any way in the matter, or matters,
complained about];
(b) a person who was appointed by virtue of section
340C(1)(a) to decide the complaint, or who was otherwise involved
in the investigation or consideration of the complaint for the
purposes of deciding the complaint; or
(c) an officer of the Naval Chaplaincy Service,
the Royal Army Chaplains Department or the Royal Air Force Chaplains
Branch.
Independent persons
5.—(1) Where
the Defence Council acts for the purposes of section 340D(2)(d)
of the Act in relation to a service complaint, they shall act
in accordance with paragraph (3) by virtue of section 340D(2)(d)
if the service complaint includes a statement by the complainant
making an allegation within paragraph (2)
(2) The allegations referred to in paragraph (1)
are:
(a) allegations of discrimination;
(b) allegations of harassment;
(c) allegations of bullying;
(d) [allegations concerning the exercise by
a service policeman of his statutory powers as a service policeman].
(3) the Defence Council must appoint -
(a) a person who is independent, [or of a
description specified in paragraph []]; or
(b) a panel that includes at least one independent
member, [or of a description specified in paragraph []].
(4) In this regulation, "discrimination"
means discrimination or victimisation on the grounds of colour,
race, ethnic or national origin, nationality, sex, gender reassignment,
status as a married person or civil partner, religion, belief
or sexual orientation, and less favourable treatment of part-time
employees.
Notifications to the Ombudsman
6. Where in accordance
with section 340N of the Act, the Ombudsman refers to the appropriate
officer a communication that alleges that a person subject to
service law has been wronged, the appropriate officer shall within
21 days of the occurrence of any of the following events notify
the Ombudsman of that occurrence—
(a) that he or she has informed the person that
the communication has been referred;
(b) that the person has been made aware of the
matters referred to in section 340N(3)(b) of the Act;
(c) of the decision of the person that he or
she wishes to make a service complaint in respect of the alleged
wrong;
(d) [decision against admissibility because
of time period and that the complainant informed of the right
to go to the Ombudsman];
(e) [decision against admissibility because
of excluded matters and that the complainant informed of the
right to go to the Ombudsman];
(f) of the withdrawal of a service complaint
made in respect of the alleged wrong;
(g) of any decision under regulations under
section 340C (decisions on service complaints and whether complainant
informed of right to appeal or go to the Ombudsman]);
(h) of a decision under regulations [regarding
decisions on whether an appeal can proceed and whether complainant
informed of the right to go to the Ombudsman]
(i) of an appeal decision
under regulations under section 340D (determinations of appeal
and the complainant informed of the right to go to the Ombudsman]);
[insert here]
on behalf of the Secretary of State
( 6 ) 2006 c. 52. Sections 340A, 340E and 340N were inserted
by section 2 of the Armed Forces (Service Complaints and Financial
Assistance) Act 201[] Back
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