Armed Forces Act 2011

20 Service complaint panels U.K.

(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—

“336A Requirement 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

I1 S. 20 in force at 2.4.2012 by S.I. 2012/669, art. 4(a)