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After section 365A of the Armed Forces Act 2006 (referred to in this Act as “AFA 2006”) insert—
The office of Service Complaints Ombudsman is abolished.
Accordingly, omit section 365B of AFA 2006 (and the italic heading before it).
Schedule 1 inserts Schedule 14ZA to AFA 2006 and makes amendments of other legislation related to the establishment of the Armed Forces Commissioner.
The functions of the Service Complaints Ombudsman under Part 14A of AFA 2006 (redress of service complaints) become functions of the Armed Forces Commissioner.
In section 340B of AFA 2006 (procedure for making a complaint etc)—
in subsection (2)(a) for “an officer” substitute “a person”;
in subsection (4), in each of paragraphs (a), (b) and (c), for “officer” substitute “person”.
AFA 2006 is amended as follows.
After section 340I insert—
After section 340L insert—
In section 340O (annual report on system for dealing with service complaints)—
in the heading, for “on system for dealing with service complaints” substitute “of Armed Forces Commissioner”;
after subsection (2) insert—
In section 373 (orders, regulations and rules), in subsection (3) after paragraph (eb) insert—.
Schedule 2 contains amendments that are consequential on this Act.
This Act extends to England and Wales, Scotland and Northern Ireland, subject as follows.
Paragraph 1 of Schedule 1 (and section 1(4), so far as it relates to that paragraph), so far as they insert paragraph 1 of Schedule 14ZA to AFA 2006 (status of Armed Forces Commissioner as corporation sole), extend to England and Wales and Northern Ireland only.
Any other amendment or repeal made by this Act has the same extent within the United Kingdom as the provision amended or repealed.
His Majesty may by Order in Council provide for any provision of this Act to extend, with or without modifications, to a territory mentioned in subsection (5).
The territories are—
any of the Channel Islands;
the Isle of Man;
any of the British overseas territories, except Gibraltar.
The following provisions come into force on the day on which this Act is passed—
section 6;
this section;
section 8.
The remaining provisions of this Act come into force on such day as the Secretary of State may by regulations appoint.
The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.
Regulations under this section—
are to be made by statutory instrument;
may make different provision for different purposes.
This Act may be cited as the Armed Forces Commissioner Act 2025.
Section 1
After Schedule 14 to AFA 2006 insert—
Armed Forces Commissioner.
Armed Forces Commissioner.
Armed Forces Commissioner.
The Armed Forces Commissioner.
Armed Forces Commissioner.
Section 5
In section 6A of the Equal Pay Act (Northern Ireland) 1970 (c. 32 (N.I.)), in subsection (5A)(b)—
in sub-paragraph (i) for “Service Complaints Ombudsman” substitute “Armed Forces Commissioner”;
in sub-paragraph (ii) for “Ombudsman” substitute “Commissioner”.
In regulation 38 of the Working Time Regulations 1998 (S.I. 1998/1833), in paragraph (3)(c)—
in paragraph (i) for “Service Complaints Ombudsman” substitute “Armed Forces Commissioner”;
in paragraph (ii) for “Ombudsman” substitute “Commissioner”.
AFA 2006 is amended as follows.
For the heading of Part 14A substitute “Addressing service complaints and general service welfare matters”.
In each of the following places, for “Service Complaints Ombudsman” substitute “Armed Forces Commissioner”—
section 340B(4)(b);
section 340D(6)(a) and (aa);
section 340G(3)(a);
the italic heading before section 340H;
in section 340H—
subsection (1);
subsection (9C)(a) and (b);
section 340I(1);
section 340J(1);
section 340L(1);
section 340M(1)(b);
section 340N(1);
the italic heading before section 340O;
section 340O(1).
In each of the following places, for “Ombudsman” substitute “Commissioner”—
section 340D(6)(b);
in section 340H—
the heading;
subsection (1) (in the second, third and fourth places);
subsection (3)(a)(i);
subsection (4) (in both places);
subsection (7);
subsection (8);
subsection (10);
subsection (11) (in both places);
in section 340I—
the heading;
subsection (3);
subsection (4) (in both places);
subsection (5)(a);
subsection (6) (in both places);
section 340J(2);
section 340K(2);
in section 340L—
subsection (2)(a), (b) and (c);
subsection (3) (in each place);
subsection (5);
subsection (6) (in both places);
section 340M(1)(c);
in section 340N—
subsection (1) (in the second and third places);
subsection (2);
subsection (4)(a);
in section 340O—
subsection (2)(b) and (c);
subsection (3);
subsection (6).
In each of the following places, for “Ombudsman’s” substitute “Commissioner’s”—
section 340B(4)(c);
section 340G(3)(b);
section 340K(4)(a);
in section 340L—
subsection (1)(a);
subsection (2)(a), (b) and (c);
subsection (4);
in section 340O—
subsection (2)(b);
subsection (6)(b).
In the italic heading before section 340H, at the end insert “of service complaints”.
In the heading of section 340H, at the end insert “of service complaints”.
In section 340I—
in the heading, at the end insert “of service complaints”;
in each of subsections (1), (2) and (3), after “investigation” insert “under section 340H”.
Before section 340J insert—.
In section 340J(1), after “investigation” insert “under section 340H or 340IA”.
In section 340K(1)(a), after “investigation” insert “under section 340H or 340IA”.
In each of the following places, for “Service Complaints Ombudsman’s” substitute “Armed Forces Commissioner’s”—
section 340K(1)(a);
the italic heading before section 340N.
In section 340L—
in the heading, at the end insert “: service complaints investigations”;
in subsection (1), after “investigation” insert “under section 340H”.
In the heading of section 340M, at the end insert “under section 340L”.
In section 340N—
in subsection (1)—
in the words before paragraph (a), after “the communication” insert “(“P”)”;
in each of paragraphs (a) and (b), for “his or her” substitute “P’s”;
in paragraph (b), for “the person” substitute “P”;
in the words after paragraph (b), for “officer” substitute “person”;
in subsection (2)—
for “officer”, in each place, substitute “person”;
for “by the person” substitute “by P”;
in subsection (3)—
in the words before paragraph (a), for “officer” substitute “person”;
in each of paragraphs (a), (b) and (c), for “the person” substitute “P”.
In section 340O(3), for “the report” substitute “a report under subsection (1)”.
In section 374 omit the definition of “the Service Complaints Ombudsman”.
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975, omit the entry relating to the Service Complaints Ombudsman.
In Part 6 of Schedule 1 to the Freedom of Information Act 2000, omit the entry relating to the Service Complaints Ombudsman.
In Article 82 of the Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15)), in paragraph (9BA)(b)—
in head (i) for “Service Complaints Ombudsman” substitute “Armed Forces Commissioner”;
in head (ii) for “Ombudsman” substitute “Commissioner”.
In Article 71 of the Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6)), in paragraph (8A)(b)—
in head (i) for “Service Complaints Ombudsman” substitute “Armed Forces Commissioner”;
in head (ii) for “Ombudsman” substitute “Commissioner”.
In regulation 43 of the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (S.R. (N.I.) 2003 No. 497), in paragraph (8)(c)—
in head (i) for “Service Complaints Ombudsman” substitute “Armed Forces Commissioner”;
in head (ii) for “Ombudsman” substitute “Commissioner”.
In regulation 49 of the Working Time Regulations (Northern Ireland) 2016 (S.R. (N.I.) 2016 No. 49), in paragraph (3)(c)—
in head (i) for “Service Complaints Ombudsman” substitute “Armed Forces Commissioner”;
in head (ii) for “Ombudsman” substitute “Commissioner”.
In section 121 of the Equality Act 2010, in subsection (2)(b)—
in sub-paragraph (i) for “Service Complaints Ombudsman” substitute “Armed Forces Commissioner”;
in sub-paragraph (ii) for “Ombudsman” substitute “Commissioner”.