Armed Forces (Service Complaints and Financial Assistance) Act 2015
After section 365A of the Armed Forces Act 2006 insert—
The office of Service Complaints Commissioner is abolished.
Accordingly, in the Armed Forces Act 2006, omit section 366 and the italic cross-heading immediately preceding it.
After section 340 of the Armed Forces Act 2006 insert—
In consequence of subsection (1), in the Armed Forces Act 2006, omit sections 334 to 339.
The Schedule contains amendments that are consequential on sections 1 and 2.
The Secretary of State may give financial assistance to a person for use in respect of activities that are intended to benefit the armed forces community or any part of that community (whether or not they might also benefit other persons).
“The armed forces community” means— whether in the British Islands or elsewhere.
members or former members of the regular or reserve forces,
partners, former partners and children of persons within paragraph (a), and
such other persons connected with persons within paragraph (a) as the Secretary of State considers appropriate,
Financial assistance may only be given under subsection (1)—
to a public authority, in respect of activities that are carried out in the exercise of functions of the authority that are functions of a public nature;
to a person other than a public authority, in respect of activities that are carried out for a charitable, benevolent or philanthropic purpose.
Financial assistance under subsection (1) may be given in any form and may, in particular, be given by way of—
grants,
loans,
guarantees, or
incurring expenditure for the benefit of the authority or other person assisted.
Financial assistance under subsection (1) may be given subject to conditions, including conditions as to—
the purposes for which the assistance may be used;
circumstances in which the assistance is to be repaid to the Secretary of State, and the way in which that is to be done;
the making of reports to the Secretary of State regarding the uses to which the assistance has been put;
the keeping, and making available for inspection, of accounts and other records;
the carrying out of examinations by the Comptroller and Auditor General into the economy, efficiency and effectiveness with which the assistance has been used.
In this section—
“public authority” means a person with functions of a public nature;
references to a public authority include a public authority in the Channel Islands or the Isle of Man.
This Act extends to England and Wales, Scotland and Northern Ireland (subject to subsection (2)).
An amendment or repeal made by this Act has the same extent as the provision amended or repealed (ignoring extent by virtue of an Order in Council).
Her Majesty may by Order in Council provide for sections 1 and 2 and the Schedule to extend, with or without modifications, to a territory mentioned in subsection (4).
Those territories are—
any of the Channel Islands;
the Isle of Man;
any of the British overseas territories.
The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the coming into force of sections 1 to 3 and the Schedule.
The power under subsection (1) includes power—
to modify the operation of the old complaints provisions in relation to pre-commencement complaints;
to apply any of the new complaints provisions (with or without modifications) in relation to pre-commencement complaints.
Regulations under this section—
may make different provision for different purposes;
may make provision generally or in relation to cases of a description specified in the regulations.
Regulations under this section are to be made by statutory instrument; and an instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
“the new complaints provisions” means—
the provisions of, or made under, Part 14A of the Armed Forces Act 2006, and
sections 334 to 339 of the Armed Forces Act 2006 and provision made under any of those sections, and
The Sex Discrimination (Northern Ireland) Order 1976 is amended as follows.
In Article 80 (orders and regulations), in paragraph (1), omit “(except Article 82(9C))”.
Article 82 (application to Crown etc) is amended as follows. In paragraph (9B), for sub-paragraph (b) substitute— After paragraph (9B) insert— Omit paragraph (9C). For paragraph (9D) substitute— Omit paragraph (9E). In paragraph (10)—
Omit section 20 of the Armed Forces Act 2011 (service complaint panels).
section 366 of that Act;
the provisions of, or made under, Part 14A of the Armed Forces Act 2006, and
section 366 of that Act;
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices)—
omit the entry relating to the Service Complaints Commissioner, and
at the appropriate place insert— “ Service Complaints Ombudsman. ”
The Armed Forces Act 2006 is amended as follows.
The following instruments are revoked— the Race Relations (Complaints to Industrial Tribunals) (Armed Forces) Regulations 1998 (S.R. (N.I.) 1998/104); the Equal Pay (Complaints to Industrial Tribunals) (Armed Forces) Regulations 1998 (S.R. (N.I.) 1998/105); the Sex Discrimination (Complaints to Industrial Tribunals) (Armed Forces) Regulations 1998 (S.R. (N.I.) 1998/106).
In section 373 (orders, regulations and rules under that Act)—
in subsection (2), for “and 340” substitute “ , 340 and 340B ”, and
in subsection (3)(d) (regulations subject to affirmative procedure), for the words from “334(2)” to the end substitute “ 340A(4), 340E(1) or 340N ”.
In section 374 (definitions applying for purposes of Act)—
omit the definition relating to the Service Complaints Commissioner, and
“the Service Complaints Ombudsman” means the person appointed under section 365B;
section 365B of that Act;
Sections 1 to 3, and the Schedule, come into force on such day or days as the Secretary of State may by regulations made by statutory instrument appoint.
Regulations under subsection (1) may appoint different days for different purposes.
The remaining provisions of this Act come into force on the day on which this Act is passed.
This Act may be cited as the Armed Forces (Service Complaints and Financial Assistance) Act 2015.
Section 3
sections 334 to 339 of the Armed Forces Act 2006 and provision made under any of those sections, and
The Equal Pay Act (Northern Ireland) 1970 is amended as follows.
Part 9 of the Equality Act 2010 (enforcement) is amended as follows.
Section 6A (service pay and conditions) is amended as follows. In subsection (5), for paragraph (b) substitute— After subsection (5) insert— For subsection (6) substitute— For subsection (7) substitute— Omit subsection (11). In subsection (12)—
Section 121 (armed forces cases in relation to which employment tribunal has jurisdiction) is amended as follows. For subsection (2) substitute— Omit subsections (3) and (4). In subsection (5), for the words from “the service” to the end substitute “ the procedures set out in service complaints regulations. ” After subsection (5) insert—
In section 6AB (“arrears date” in proceedings under section 6A(9)), in subsection (5), for “in accordance with regulations made under section 6A(6)” substitute “ by virtue of section 6A(6A) ”.
In section 127 (jurisdiction), in subsection (7), for “Subsections (2) to (5)” substitute “ Subsections (2) to (6) ”.
In section 141 (interpretation), for subsection (8) substitute—
Article 71 of the Race Relations (Northern Ireland) Order 1997 (application to Crown etc) is amended as follows. In paragraph (8), for sub-paragraph (b) substitute— After paragraph (8) insert— Omit paragraph (9). For paragraph (10) substitute— Omit paragraph (11). In paragraph (12)—