Search Legislation

Armed Forces Act 2011

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 20

 Help about opening options

Version Superseded: 01/01/2016

Alternative versions:

Status:

Point in time view as at 02/04/2012. This version of this provision has been superseded. Help about Status

Close

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

There are currently no known outstanding effects for the Armed Forces Act 2011, Section 20. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

20Service complaint panelsU.K.

This section has no associated Explanatory Notes

(1)In section 335 of AFA 2006 (service complaints: role of Defence Council and service complaint panels)—

(a)in subsection (1), after “may,” insert “ in the case of a service complaint and ”;

(b)in subsection (2), for “The delegation under subsection (1) of a function” substitute “ A decision by the Defence Council to delegate under subsection (1) ”;

(c)for subsection (3) substitute—

(3)The Defence Council—

(a)must determine the size of a service complaint panel (subject to section 336(2) and any provision made by virtue of section 336(6) relating to the size of a panel); and

(b)must appoint the members of a service complaint panel, other than any members appointed by the Secretary of State by virtue of section 336 or 336A.; and

(d)in subsection (4)(b), for “function of appointing members of service complaint panels” substitute “ functions ”.

(2)Section 336 of AFA 2006 (composition and procedure of service complaint panels) is amended as follows.

(3)In subsection (1), for the words from “regulations” to the end substitute “ determination under this section, or regulations under this section or section 336A, relating to independent members. ”

(4)Omit subsection (3).

(5)After subsection (4) insert—

(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.

(6)In subsection (6)—

(a)for “The regulations” substitute “ Regulations under subsection (5)(a) ”; and

(b)for paragraph (a) substitute—

(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;.

(7)After section 336 of AFA 2006 insert—

336ARequirement to delegate to service complaint panel

(1)Regulations made by the Secretary of State may, in relation to any service complaint of a prescribed description, make provision—

(a)requiring the Defence Council to exercise their power under section 335(1) to delegate to a service complaint panel all or any of the functions conferred on them by or under section 334; and

(b)imposing one or more of the requirements mentioned in subsection (2).

(2)Those requirements are—

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

(b)a requirement for prescribed functions to be exercised by independent members of the service complaint panel.

(3)In this section—

  • independent member” has the same meaning as in section 336;

  • 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.

Commencement Information

I1S. 20 in force at 2.4.2012 by S.I. 2012/669, art. 4(a)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources