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Second Group of PartsMiscellaneous Matters

Part 14Enlistment, Terms of Service etc

Redress of individual grievances

335Service complaints: role of Defence Council and service complaint panels

(1)The Defence Council may, to such extent and subject to such conditions as they consider appropriate, delegate to a panel of persons (a “service complaint panel”) all or any of the functions conferred on the Defence Council by or under section 334.

(2)The delegation under subsection (1) of a function may relate to—

(a)a particular service complaint; or

(b)any service complaint of a description determined by the Defence Council.

(3)The members of a service complaint panel, other than any member appointed by virtue of section 336(6)(a), are to be appointed by the Defence Council (see further section 336).

(4)The Defence Council may, to such extent and subject to such conditions as they consider appropriate, delegate to a person employed in the civil service of the State or an officer—

(a)their function of deciding whether, and if so to what extent and subject to what conditions, they should delegate any of their functions to a service complaint panel under subsection (1);

(b)their function of appointing members of service complaint panels under subsection (3).

(5)The delegation under subsection (4) of a function may relate to—

(a)a particular service complaint;

(b)any service complaint of a description determined by the Defence Council; or

(c)all service complaints.

(6)The Defence Council may require a service complaint panel to assist them in carrying out any of the functions conferred on them by or under section 334.

(7)The Defence Council may authorise a person (whether or not a service complaint panel or a member of such a panel) to investigate on their behalf—

(a)a particular service complaint; or

(b)any service complaint of a description determined by them.

(8)In this section “service complaint” has the same meaning as in section 334.

(9)Nothing in this section affects the application of section 1(5) or (7) of the Defence (Transfer of Functions) Act 1964 (c. 15) (discharge by Service Boards of Defence Council’s functions under any enactment etc) to the functions of the Defence Council (in particular, the functions conferred on them by or under section 334 and this section).