Armed Forces Act 2006

[F1 340M Action following receipt of report U.K.

(1) The Defence Council must—

(a) consider a report under section 340L,

(b) notify the Service Complaints Ombudsman and the complainant, giving reasons in writing, of the action (if any) the Council decide to take in response to the findings and any recommendations contained in the report, and

(c) where the Council decide to reject a recommendation, notify the Ombudsman and the complainant, giving reasons in writing for the rejection.

(2) Where the Defence Council decide that a service complaint should be reconsidered to any extent, they must decide whether the reconsideration is to be carried out—

(a) by a person or panel of persons appointed by the Council, or

(b) by the Council themselves;

but this is subject to any provision made by virtue of subsection (6).

(3) The Defence Council must not appoint a person or panel to reconsider a service complaint unless—

(a) the person is, or all the persons on the panel are, authorised by the Council to make the decisions required in connection with the reconsideration and to grant any appropriate redress, or

(b) the Council propose to authorise that person or those persons for those purposes.

(4) The Defence Council may give such directions as they consider appropriate in connection with the reconsideration of a service complaint by a person or panel appointed under subsection (2)(a).

(5) The power of the Defence Council under subsection (4) is subject to any provision made in service complaints regulations about—

(a) the procedure to be followed in connection with the reconsideration of a service complaint;

(b) the persons to be notified of the decision on reconsideration.

(6) The power of the Secretary of State to make regulations under section 340E(1) includes power—

(a) to provide that persons of a specified description may not be appointed under subsection (2)(a) (whether or not as part of a panel);

(b) to require the Defence Council, in relation to any service complaint of a specified description, to act under subsection (2)(a) so as to appoint—

(i) a person who is independent, or of a specified description, or both;

(ii) a panel that satisfies one or more of the requirements listed in subsection (7);

(c) in a case where a requirement within subsection (7)(b) has effect, to require specified functions of a panel to be exercised by the independent members of the panel.

(7) These are the requirements mentioned in subsection (6)(b)(ii)—

(a) all of the members of the panel must be independent;

(b) the panel must include at least a specified number or proportion of independent members;

(c) the panel must include a person of a specified description.

(8) The Defence Council may delegate to any person any of the Council's functions under this section, other than—

(a) the Council's function of reconsidering a service complaint, or

(b) any function of the Council by virtue of subsection (3)(b) in connection with authorising a person to make decisions and to grant redress.

(9) Subsection (8) does not affect the application of section 1(5) or (7) of the Defence (Transfer of Functions) Act 1964 (discharge by Service Boards of Defence Council functions) in relation to the Defence Council's functions under this section.

(10) Section 340E(4) and (5) apply for the purposes of subsections (6) and (7).]

Textual Amendments

F1 Pt. 14A inserted (1.1.2016) by Armed Forces (Service Complaints and Financial Assistance) Act 2015 (c. 19), ss. 2(1), 7(1); S.I. 2015/1957, reg. 2 (with savings and transitional provisions in S.I. 2015/1969)