(1)The Defence Council may, [F1in the case of a service complaint and] 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)[F2A decision by the Defence Council to delegate under subsection (1)] may relate to—
(a)a particular service complaint; or
(b)any service complaint of a description determined by the Defence Council.
[F3(3)The Defence Council—
(a)must determine the size of a service complaint panel (subject to section 336(2) and any provision made by virtue of section 336(6) relating to the size of a panel); and
(b)must appoint the members of a service complaint panel, other than any members appointed by the Secretary of State by virtue of section 336 or 336A.]
(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 [F4functions] 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).
Textual Amendments
F1Words in s. 335(1) inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 20(1)(a); S.I. 2012/669. art. 4(a)
F2Words in s. 335(2) substituted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 20(1)(b); S.I. 2012/669. art. 4(a)
F3S. 335(3) substituted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 20(1)(c); S.I. 2012/669. art. 4(a)
F4Word in s. 335(4)(b) substituted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 20(1)(d); S.I. 2012/669. art. 4(a)