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Equal Pay (Complaints to Industrial Tribunals) (Armed Forces) Regulations (Northern Ireland) 1998

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1.  These Regulations may be cited as the Equal Pay (Complaints to Industrial Tribunals) (Armed Forces) Regulations (Northern Ireland) 1998 and shall come into operation on 17th April 1998.

2.—(1) A person may present a complaint to an industrial tribunal under section 6A of the Equal Pay Act (Northern Ireland) 1970, notwithstanding that subsection (5) of that section would otherwise preclude the presentation of such a complaint, in any case to which paragraph (2) or (4) applies.

(2) This paragraph applies where—

(a)the person has made a complaint in respect of the same matter to an officer under the service redress procedures; and

(b)that complaint has not been withdrawn.

(3) For the purposes of paragraph 2(b), a person shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures, he fails to submit that complaint to the Defence Council under those procedures.

(4) This paragraph applies where the complaint concerns a claim in respect of the contravention of a term of service relating to membership of, or rights under, any relevant scheme.

(5) In this regulation—

  • “occupational pension scheme” has the same meaning as in section 1 of the Pension Schemes (Northern Ireland) Act 1993(1); and

  • “relevant scheme” means—

    (a)

    any occupational pension scheme made under section 3 of the Naval and Marine Pay and Pensions Act 1865(2);

    (b)

    the Army Pensions Warrant 1977; or

    (c)

    any occupational pension scheme made under section 2 of the Air Force (Constitution) Act 1917(3).

Majorie Mowlam

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

28th February 1998

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