Amendments made: 16, in clause 10, page 20, line 8, after “(2)” insert “—

(i)”

This amendment is ancillary to amendment 17.

Amendment 17, in clause 10, page 20, line 11, at end insert—

“(ii) after paragraph (c) insert—

‘(ca) requiring the Defence Council to decide any question relating to whether an appeal has been brought on valid grounds;’.”

This amendment (to which amendment 16 is ancillary) enables service complaints regulations to provide that it is to be for the Defence Council to decide whether an appeal against a decision on a service complaint has been brought on valid grounds.

Amendment 18, in clause 10, page 20, line 12, at end insert—

“(4A) In subsection (6)—

(a) after paragraph (a) insert—

‘(aa) for the Service Complaints Ombudsman, on an application by the complainant, to review a decision by the Defence Council that an appeal cannot be proceeded with because it was not brought on a valid ground;’;

(b) in paragraph (b) for ‘such a review,’ substitute ‘a review such as is mentioned in paragraph (a) or (aa),’.”

This amendment provides for a complainant to be able to apply for a review by the Service Complaints Ombudsman of a decision that their appeal was not made on a valid ground.

Amendment 19, in clause 10, page 20, line 13, leave out “In”.

This amendment is ancillary to amendments 20, 22 and 23.

Amendment 20, in clause 10, page 20, line 13, after “investigations)” insert

“is amended as follows.

(5A) After subsection (5) insert—

‘(5A) A decision on a service complaint is not to be taken to fall within subsection (5)(b) if the complainant does not have grounds (of which the complainant is aware) on which the complainant is entitled to bring an appeal against the decision.’

(5B) ”.

This amendment (to which amendment 19 is ancillary) clarifies the meaning of “finally determined” in section 340H of the Armed Forces Act 2006 in relation to cases where a person does not have grounds (of which they are aware) for bringing an appeal against the decision on their service complaint.

Amendment 21, in clause 10, page 20, line 13, after “(9)” insert “—

(a)”.

This amendment is ancillary to amendment 22.

Amendment 22, in clause 10, page 20, line 14, at end insert—

“(b) for the words from ‘date’ to the end substitute ‘relevant date (see subsection (9A))’.”

This amendment (to which amendment 19 is ancillary) and amendment 23 make special provision about the time limit for applications to the Service Complaints Ombudsman about a service complaint where the complainant is notified that their appeal against the decision on the complaint was not made on a valid ground.

Amendment 23, in clause 10, page 20, line 14, at end insert—

“(5C) After subsection (9) insert—

‘(9A) For the purposes of subsection (9) ‘the relevant date’ in relation to a service complaint that has been finally determined is—

(a) where the service complaint falls within subsection (5)(b), the date on which the complainant is notified of the determination of the appeal;

(b) where the decision on the service complaint does not fall within subsection (5)(b)—

(i) if the conditions in subsection (9B) are met, the date of the final invalidity decision;

(ii) otherwise, the date of the decision on the service complaint.

(9B) The conditions mentioned in subsection (9A)(b)(i) are that—

(a) the complainant brings an appeal against the decision on the service complaint;

(b) the Defence Council decides that the appeal cannot be proceeded with because (and only because) it was not brought on a valid ground;

(c) on any review of that decision of the Defence Council in accordance with regulations made by virtue of section 340D(6)(aa), the decision is upheld.

(9C) In subsection (9A)(b) “the date of the final invalidity decision” means—

(a) if the complainant does not apply for a review by the Service Complaints Ombudsman of the decision mentioned in subsection (9B)(b), the date on which the Defence Council notifies the complainant of that decision;

(b) if the complainant does apply for such a review, the date on which the Service Complaints Ombudsman notifies the complainant that the appeal cannot be proceeded with because it was not brought on a valid ground.’.”—(Leo Docherty.)

This amendment (to which amendment 19 is ancillary) and amendment 14 make special provision about the time limit for applications to the Service Complaints Ombudsman about a service complaint in cases where the complainant is notified that their appeal relating to the service complaint was not made on a valid ground.

Clause 10, as amended, ordered to stand part of the Bill.

Clauses 11 to 13 ordered to stand part of the Bill.