Armed Forces Act 2006

336 Composition and procedure of service complaint panels U.K.

(1) A person may not be a member of a service complaint panel unless he is—

(a) a senior officer (see subsection (4)); or

(b) a person employed in the civil service of the State;

but this is subject to any [F1 determination under this section, or regulations under this section or section 336A, relating to independent members.]

(2) A service complaint panel must consist of at least two members.

F2 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F3 (4A) The Defence Council may determine—

(a) that a service complaint panel is to include a specified number of independent members;

(b) that specified functions are to be exercised by independent members of a service complaint panel.

(4B) A determination under subsection (4A) may relate to—

(a) a particular service complaint; or

(b) any service complaint of a description determined by the Defence Council.

(4C) 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 their function under subsection (4A) of determining—

(a) whether a service complaint panel is to include independent members (and, if so, how many);

(b) whether particular functions are to be exercised by independent members of a service complaint panel.

(4D) A delegation under subsection (4C) 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.

(4E) The Defence Council may not—

(a) make a determination under subsection (4A)(a) where a requirement mentioned in subsection (6)(a)(i) or (ii) or section 336A(2)(a) applies;

(b) make a determination under subsection (4A)(b) where a requirement mentioned in subsection (6)(a)(iii) or section 336A(2)(b) applies.]

(5) The Secretary of State may by regulations—

(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) [F4 Regulations under subsection (5)(a)] may in particular—

[F5 (a) impose, in the case of any service complaint of a prescribed description, one or more of the following requirements—

(i) a requirement for a service complaint panel to include a prescribed number of independent members;

(ii) a requirement for all or a prescribed majority of the members of a service complaint panel to be independent members;

(iii) a requirement for prescribed functions to be exercised by independent members of a service complaint panel;]

(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);

(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).

(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;

• “prescribed” means prescribed by regulations under this section;

• “service complaint” has the same meaning as in section 334;

• “service complaint panel” has the same meaning as in section 335.

Textual Amendments

F1 Words in s. 336(1) substituted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 20(3); S.I. 2012/669, art. 4(a)

F2 S. 336(3) repealed (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 20(4), Sch. 5; S.I. 2012/669, art. 4(a)

F3 S. 336(4A)-(4E) inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 20(5); S.I. 2012/669, art. 4(a)

F4 Words in s. 336(6) substituted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 20(6)(a); S.I. 2012/669, art. 4(a)

F5 S. 336(6)(a) substituted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 20(6)(b); S.I. 2012/669, art. 4(a)