Schedule 3 - Service Complaints Appeals

Armed Forces Bill – in the House of Commons at 5:00 pm on 23 June 2021.

Alert me about debates like this

Amendments made: 31, page 40, line 27, at end insert—

“(c) in paragraph (b)(i) for “340D(6)” substitute “340D(6)(a)”.”

This amendment is consequential on amendment 18.

Amendment 32, page 40, line 35, at end insert—

“(c) in paragraph (b)(i) for “340D(6)” substitute “340D(6)(a)”.”

This amendment is consequential on amendment 18.

Amendment 33, page 41, line 8, at end insert—

“(c) in paragraph (b)(i) for “340D(6)” substitute “340D(6)(a)”.”

This amendment is consequential on amendment 18.

Amendment 34, page 41, line 8, at end insert—

“Working Time Regulations 1998

3A In regulation 38 of the Working Time Regulations 1998 (S.I. 1998/1833) (armed forces)—

(a) in paragraph (2), for sub-paragraph (a) substitute—

“(a) that person (“the complainant”) has made a service complaint in respect of the same matter, and”;

(b) for paragraph (3) substitute—

“(3) Where the service complaint is dealt with by a person or panel appointed by the Defence Council by virtue of section 340C(1)(a) of the Armed Forces Act 2006, it is to be treated for the purposes of paragraph (2)(b) as withdrawn if—

(a) the period allowed in accordance with service complaints regulations for bringing an appeal against the person’s or panel’s decision expires,

(b) there are grounds (of which the complainant is aware) on which the complainant is entitled to bring such an appeal, and

(c) either—

(i) the complainant does not apply to the Service Complaints Ombudsman for a review by virtue of section 340D(6)(a) of the Armed Forces Act 2006 (review of decision that appeal brought out of time cannot proceed), or

(ii) the complainant does apply for such a review and the Ombudsman decides that an appeal against the person’s or panel’s decision cannot be proceeded with.”;

(c) in paragraph (4), for “service redress procedures” substitute “procedures set out in service complaints regulations”;

(d) for paragraph (5) substitute—

“(5) In this regulation—

“service complaint” means a complaint under section 340A of the Armed Forces Act 2006;

“service complaints regulations” means regulations made under section 340B(1) of that Act.””

This amendment makes amendments of subordinate legislation that are consequential on clause 10.

Amendment 35, page 41, line 8, at end insert—

“Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000

3B In regulation 13 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (S.I. 2000/1551) (armed forces)—

(a) in paragraph (3), for sub-paragraph (a) substitute—

“(a) that person (“the complainant”) has made a service complaint in respect of the same matter, and”;

(b) for paragraph (4) substitute—

“(4) Where the service complaint is dealt with by a person or panel appointed by the Defence Council by virtue of section 340C(1)(a) of the Armed Forces Act 2006, it is to be treated for the purposes of paragraph (3)(b) as withdrawn if—

(a) the period allowed in accordance with service complaints regulations for bringing an appeal against the person’s or panel’s decision expires,

(b) there are grounds (of which the complainant is aware) on which the complainant is entitled to bring such an appeal, and

(c) either—

(i) the complainant does not apply to the Service Complaints Ombudsman for a review by virtue of section 340D(6)(a) of the Armed Forces Act 2006 (review of decision that appeal brought out of time cannot proceed), or

(ii) the complainant does apply for such a review and the Ombudsman decides that an appeal against the person’s or panel’s decision cannot be proceeded with.”;

(c) in paragraph (5), for “service redress procedures” substitute “procedures set out in service complaints regulations”;

(d) for paragraph (6) substitute—

“(6) In this regulation—

“service complaint” means a complaint under section 340A of the Armed Forces Act 2006;

“service complaints regulations” means regulations made under section 340B(1) of that Act.””

This amendment makes amendments of subordinate legislation that are consequential on clause 10.

Amendment 36, page 41, line 8, at end insert—

“Part-time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000

3C In regulation 13 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000 (S.R. (N.I.) 2000 No. 219) (armed forces)—

(a) in paragraph (3), for sub-paragraph (a) substitute—

“(a) that person (“the complainant”) has made a service complaint in respect of the same matter, and”;

(b) for paragraph (4) substitute—

“(4) Where the service complaint is dealt with by a person or panel appointed by the Defence Council by virtue of section 340C(1)(a) of the Armed Forces Act 2006, it is to be treated for the purposes of paragraph (3)(b) as withdrawn if—

(a) the period allowed in accordance with service complaints regulations for bringing an appeal against the person’s or panel’s decision expires,

(b) there are grounds (of which the complainant is aware) on which the complainant is entitled to bring such an appeal, and

(c) either—

(i) the complainant does not apply to the Service Complaints Ombudsman for a review by virtue of section 340D(6)(a) of the Armed Forces Act 2006 (review of decision that appeal brought out of time cannot proceed), or

(ii) the complainant does apply for such a review and the Ombudsman decides that an appeal against the person’s or panel’s decision cannot be proceeded with.”;

(c) in paragraph (5), for “service redress procedures” substitute “procedures set out in service complaints regulations”;

(d) for paragraph (6) substitute—

“(6) In this regulation—

“service complaint” means a complaint under section 340A of the Armed Forces Act 2006;

“service complaints regulations” means regulations made under section 340B(1) of that Act.””

This amendment makes amendments of subordinate legislation that are consequential on clause 10.

Amendment 37, page 42, line 13, at end insert—

“(c) in paragraph (b)(i) for “340D(6)” substitute “340D(6)(a)”.”

This amendment is consequential on amendment 18.

Amendment 38, page 42, line 13, at end insert—

“Working Time Regulations (Northern Ireland) 2016

4 In regulation 49 of the Working Time Regulations (Northern Ireland) 2016 (S.R. (N.I.) 2016 No. 49) (armed forces)—

(a) in paragraph (2), for sub-paragraph (a) substitute—

“(a) that person (“the complainant”) has made a service complaint in respect of the same matter, and”;

(b) for paragraph (3) substitute—

“(3) Where the service complaint is dealt with by a person or panel appointed by the Defence Council by virtue of section 340C(1)(a) of the Armed Forces Act 2006, it is to be treated for the purposes of paragraph (2)(b) as withdrawn if—

(a) the period allowed in accordance with service complaints regulations for bringing an appeal against the person’s or panel’s decision expires,

(b) there are grounds (of which the complainant is aware) on which the complainant is entitled to bring such an appeal, and

(c) either—

(i) the complainant does not apply to the Service Complaints Ombudsman for a review by virtue of section 340D(6)(a) of the Armed Forces Act 2006 (review of decision that appeal brought out of time cannot proceed), or

(ii) the complainant does apply for such a review and the Ombudsman decides that an appeal against the person’s or panel’s decision cannot be proceeded with.”;

(c) in paragraph (4), for “service redress procedures” substitute “procedures set out in service complaints regulations”;

(d) for paragraph (5) substitute—

“(5) In this regulation—

“service complaint” means a complaint under section 340A of the Armed Forces Act 2006;

“service complaints regulations” means regulations made under section 340B(1) of that Act.””—(Leo Docherty.)

This amendment makes amendments of subordinate legislation that are consequential on clause 10.

Schedule 3, as amended, agreed to.

Schedules 4 and 5 agreed to.

The Deputy Speaker resumed the Chair.

Bill, as amended, reported.

Bill to be considered tomorrow.