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Armed Forces Act 2006

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Armed Forces Act 2006, Part 14A is up to date with all changes known to be in force on or before 22 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F1Part 14AU.K.[F2Addressing service complaints and general service welfare matters]

Textual Amendments

F1Pt. 14A inserted (1.1.2016) by Armed Forces (Service Complaints and Financial Assistance) Act 2015 (c. 19), ss. 2(1), 7(1); S.I. 2015/1957, reg. 2 (with savings and transitional provisions in S.I. 2015/1969)

Modifications etc. (not altering text)

Service complaintsU.K.

340AWho can make a service complaint?U.K.

(1)If a person subject to service law thinks himself or herself wronged in any matter relating to his or her service, the person may make a complaint about the matter.

(2)If a person who has ceased to be subject to service law thinks himself or herself wronged in any matter relating to his or her service which occurred while he or she was so subject, the person may make a complaint about the matter.

(3)In this Part, “service complaint” means a complaint made under subsection (1) or (2).

(4)A person may not make a service complaint about a matter of a description specified in regulations made by the Secretary of State.

340BProcedure for making a complaint and determining admissibilityU.K.

(1)The Defence Council may make regulations (referred to in this Part as “service complaints regulations”) about the procedure for making and dealing with a service complaint.

(2)Service complaints regulations must make provision—

(a)for a service complaint to be made to an officer of a specified description;

(b)about the way in which a service complaint is to be made (including about the information to be provided by the complainant);

(c)that a service complaint may not be made, except in specified circumstances, after the end of the specified period.

“Specified” means specified in the regulations.

(3)The period referred to in subsection (2)(c) must be at least three months beginning with the day on which the matter complained of occurred.

(4)Service complaints regulations must make provision—

(a)for the officer to whom a service complaint is made to decide whether the complaint is admissible and to notify the complainant of that decision;

(b)for the [F3Armed Forces Commissioner], on an application by the complainant, to review a decision by the officer to whom a service complaint is made that the complaint is not admissible;

(c)for securing that the [F4Commissioner’s] decision in relation to admissibility, on such a review, is binding on the complainant and the officer to whom the complaint was made.

(5)For the purposes of subsection (4), a service complaint is not admissible if—

(a)the complaint is about a matter of a description specified in regulations made under section 340A(4),

(b)the complaint is made after the end of the period referred to in subsection (2)(c) and the case is not one in which circumstances referred to in that provision apply, or

(c)the complaint is not admissible on any other ground specified in service complaints regulations.

(6)Nothing in this Part with respect to the provision that must or may be made by service complaints regulations is to be taken as limiting the generality of subsection (1).

Textual Amendments

Decisions and appealsU.K.

340CDecisions on service complaintsU.K.

(1)Service complaints regulations must provide for the Defence Council to decide, in the case of a service complaint that is found to be admissible, whether the complaint is to be dealt with—

(a)by a person or panel of persons appointed by the Council, or

(b)by the Council themselves.

(2)The regulations must provide for the person or panel appointed to deal with the complaint or (in a subsection (1)(b) case) the Defence Council—

(a)to decide whether the complaint is well-founded, and

(b)if the decision is that the complaint is well-founded—

(i)to decide what redress (if any), within the authority of (as the case may be) the person, the persons on the panel or the Defence Council would be appropriate, and

(ii)to grant any such redress.

(3)The Defence Council must not appoint a person or panel to deal with a service complaint unless—

(a)the person is, or all the persons on the panel are, authorised by the Council to decide the matters mentioned in subsection (2) and to grant appropriate redress, or

(b)the Council propose to authorise that person or those persons for those purposes.

(4)Provision made by virtue of subsection (1) is subject to regulations made under section 340E(1) (eligibility for appointment, requirements relating to independent decision-making, etc).

340DAppealsU.K.

(1)Service complaints regulations must make provision enabling the complainant in relation to a service complaint to appeal to the Defence Council against a decision on the complaint, where the decision was taken by a person or panel appointed by virtue of section 340C(1)(a).

(2)The regulations may make provision—

(a)about the way in which an appeal is to be brought (including about the information to be provided by the complainant);

[F5(aa)restricting the grounds on which an appeal against a decision on a complaint (or on a complaint of a description specified in the regulations) may be brought;]

(b)that an appeal may not be brought, except in circumstances specified in the regulations, after the end of the period so specified;

(c)requiring the Defence Council to decide any question relating to whether an appeal has been brought before the end of the period referred to in paragraph (b) or (if not) whether circumstances referred to in that paragraph apply;

[F6(ca)requiring the Defence Council to decide any question relating to whether an appeal has been brought on valid grounds;]

(d)requiring the Defence Council to decide whether an appeal is to be determined—

(i)by a person or panel of persons appointed by the Council, or

(ii)by the Council themselves.

(3)The period referred to in subsection (2)(b) must be at least [F7two] weeks beginning with the day on which the complainant received notification of the decision appealed against.

(4)The Defence Council must not appoint a person or panel to determine an appeal unless—

(a)the person is, or all the persons on the panel are, authorised by the Council to determine the appeal and to grant appropriate redress, or

(b)the Council propose to authorise that person or those persons for those purposes.

(5)Provision made by virtue of subsection (2)(d) is subject to regulations made under section 340E(1) (eligibility for appointment, requirements relating to independent decision-making, etc).

(6)Service complaints regulations must make provision—

(a)for the [F8Armed Forces Commissioner], on an application by the complainant, to review a decision by the Defence Council that an appeal cannot be proceeded with because—

(i)it was not brought before the end of the period referred to in subsection (2)(b), and

(ii)the case is not one in which circumstances referred to in that provision apply;

[F9(aa)for the [F10Armed Forces Commissioner], 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)for securing that the decision of the [F11Commissioner], on [F12a review such as is mentioned in paragraph (a) or (aa),] is binding on the complainant and the Defence Council.

Textual Amendments

F5S. 340D(2)(aa) inserted (1.5.2022 for specified purposes, 15.6.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 10(3)(a), 24(1); S.I. 2022/471, reg. 2(d); S.I. 2022/625, reg. 2

F6S. 340D(2)(ca) inserted (1.5.2022 for specified purposes, 15.6.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 10(3)(b), 24(1); S.I. 2022/471, reg. 2(d); S.I. 2022/625, reg. 2

F7Word in s. 340D(3) substituted (1.5.2022 for specified purposes, 15.6.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 10(4), 24(1); S.I. 2022/471, reg. 2(d); S.I. 2022/625, reg. 2

F9S. 340D(6)(aa) inserted (1.5.2022 for specified purposes, 15.6.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 10(5)(a), 24(1); S.I. 2022/471, reg. 2(d); S.I. 2022/625, reg. 2

F12Words in s. 340D(6)(b) substituted (1.5.2022 for specified purposes, 15.6.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 10(5)(b), 24(1); S.I. 2022/471, reg. 2(d); S.I. 2022/625, reg. 2

340EFurther provision about persons and panels deciding service complaints etcU.K.

(1)The Secretary of State may by regulations—

(a)provide that persons of a specified description may not be appointed by virtue of section 340C(1)(a) or 340D(2)(d) (whether or not as part of a panel);

(b)require the Defence Council, in relation to any service complaint of a specified description, to act by virtue of section 340C(1)(a) or 340D(2)(d) so as to appoint—

(i)a person who is independent, or of a specified description, or both;

(ii)a panel that satisfies one or more of the requirements listed in subsection (2).

(2)Those requirements are—

(a)all of the members of the panel must be independent;

(b)the panel must include at least a specified number or proportion of independent members;

(c)the panel must include a person of a specified description.

(3)Where a requirement within subsection (2)(b) has effect, the regulations may also require specified functions of the panel to be exercised by the independent members of the panel.

(4)For the purposes of this section, a person (including a member of a panel) is independent if the person—

(a)is not a member of the regular or reserve forces or employed in the civil service of the State, and

(b)is included in a list maintained for the purposes of this section by the Secretary of State.

(5)In this section, “specified” means specified in the regulations.

Investigation, delegation and time limitsU.K.

340FInvestigation of complaints and delegation of Defence Council functionsU.K.

(1)The Defence Council may authorise a person to investigate a particular service complaint—

(a)on the Council's behalf, or

(b)on behalf of a person or panel of persons appointed to deal with a service complaint or to determine an appeal relating to a service complaint.

(2)Service complaints regulations may authorise the Defence Council to delegate to any person, to such extent and subject to such conditions as the Council consider appropriate, any of the Council's functions under the preceding provisions of this Part.

(3)Subsection (2) does not apply to—

(a)the Defence Council's function of making service complaints regulations,

(b)the Council's function of dealing with a service complaint or determining an appeal, or

(c)any function of the Council by virtue of section 340C(3)(b) or 340D(4)(b) in connection with authorising a person to make decisions or determinations and to grant redress.

(4)Subsection (2) does not affect the application of section 1(5) or (7) of the Defence (Transfer of Functions) Act 1964 (discharge by Service Boards of Defence Council functions) in relation to the Defence Council's functions under the preceding provisions of this Part.

340GService complaints: other time limitsU.K.

(1)Service complaints regulations may—

(a)impose time limits for taking any step (in addition to any time limit for which this Part provides);

(b)specify circumstances in which a time limit does not apply;

(c)make provision about the consequences of not taking a step within a time limit.

(2)The provision that may be made by virtue of subsection (1)(c) in relation to a particular time limit includes provision authorising a person specified in the regulations to decide that a service complaint, or an appeal against a decision on a service complaint, cannot be proceeded with because of a failure to take a step within that time limit.

(3)Where service complaints regulations make provision referred to in subsection (2), the regulations may also make provision—

(a)for the [F13Armed Forces Commissioner], on an application by the complainant, to review a decision that a service complaint or an appeal cannot be proceeded with because of the failure to take the step within the time limit;

(b)for securing that the [F14Commissioner’s] decision on such a review is binding on the complainant and the person who made the decision to which the review relates.

Textual Amendments

Investigations by [F15Armed Forces Commissioner] [F16of service complaints] U.K.

Textual Amendments

340H[F17Commissioner] investigations [F18of service complaints]U.K.

(1)The [F19Armed Forces Commissioner] may, on an application to the [F20Commissioner] by a person within subsection (2), investigate—

(a)a service complaint, where the [F20Commissioner] is satisfied that the complaint has been finally determined;

(b)an allegation of maladministration in connection with the handling of a service complaint (including an allegation of undue delay), where the [F20Commissioner] is satisfied that the complaint has been finally determined;

(c)an allegation of undue delay in the handling of a service complaint which has not been finally determined;

(d)an allegation of undue delay in the handling of a relevant service matter.

(2)The following persons are within this subsection—

(a)in a case relating to a service complaint, the complainant;

(b)in a case relating to a matter in respect of which a service complaint has not been made, the person who raised the matter,

and, in relation to a case mentioned in paragraph (b), references in the remainder of this Part to the complainant and to a service complaint are to be read respectively as references to the person and the matter mentioned in that paragraph.

(3)For the purposes of subsection (1)(d)—

(a)“relevant service matter” means a matter of a kind about which a service complaint—

(i)may be made, whether or not at the time of the application to the [F21Commissioner] such a complaint has been made, or

(ii)could have been made (but for provision made by virtue of section 340B(2)(c));

(b)the reference to the handling of a matter is to its handling before the making of a service complaint (if any) about the matter.

(4)An application to the [F22Commissioner]—

(a)must be made in writing,

(b)must specify the kind (or kinds) of investigation which the complainant wishes the [F22Commissioner] to carry out (an investigation under a particular paragraph of subsection (1) being a “kind” of investigation for this purpose), and

(c)must contain any other information specified in regulations made by the Secretary of State.

(5)For the purposes of this section, a service complaint has been finally determined where—

(a)a decision has been made, in accordance with service complaints regulations made by virtue of section 340C, on the complaint or the complaint to which the allegation of maladministration relates, and

(b)if the decision is one in respect of which service complaints regulations made by virtue of section 340D enable an appeal to be made, an appeal against the decision has been made and determined.

[F23(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.]

(6)The purpose of an investigation is—

(a)in the case of an investigation under subsection (1)(a), to decide whether the complaint is well-founded and, if so, to consider what redress (if any) would be appropriate;

(b)in the case of an investigation under subsection (1)(b), (c) or (d), to decide—

(i)whether the allegation is well-founded, and

(ii)if so, whether the maladministration or undue delay to which the allegation relates has or could have resulted in injustice being sustained by the complainant.

(7)The power to carry out an investigation under subsection (1)(a) or (b) includes power to investigate any maladministration in connection with the handling of the service complaint where it becomes apparent to the [F24Commissioner] during the course of an investigation that any such maladministration may have occurred.

(8)The Secretary of State may by regulations provide that an application in respect of a service complaint that has been finally determined may not be made to the [F25Commissioner], except in circumstances specified in the regulations, after the end of the period specified in the regulations.

(9)The period referred to in subsection (8) must be at least [F26two] weeks beginning with the [F27relevant date (see subsection (9A))].

[F28(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 [F29Armed Forces Commissioner] 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 [F30Armed Forces Commissioner] notifies the complainant that the appeal cannot be proceeded with because it was not brought on a valid ground.]

(10)It is for the [F31Commissioner] to determine whether an application has been made in accordance with this section.

(11)Where the [F32Commissioner] has carried out an investigation under subsection (1)(a) or (b) in relation to a service complaint, the [F32Commissioner] may not investigate a subsequent application relating to the same complaint except in circumstances specified in regulations made by the Secretary of State.

Textual Amendments

F23S. 340H(5A) inserted (1.5.2022 for specified purposes, 15.6.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 10(7), 24(1); S.I. 2022/471, reg. 2(d); S.I. 2022/625, reg. 2

F26Word in s. 340H(9) substituted (1.5.2022 for specified purposes, 15.6.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 10(8)(a), 24(1); S.I. 2022/471, reg. 2(d); S.I. 2022/625, reg. 2

F27Words in s. 340H(9) substituted (1.5.2022 for specified purposes, 15.6.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 10(8)(b), 24(1); S.I. 2022/471, reg. 2(d); S.I. 2022/625, reg. 2

F28S. 340H(9A)-(9C) inserted (1.5.2022 for specified purposes, 15.6.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 10(9), 24(1); S.I. 2022/471, reg. 2(d); S.I. 2022/625, reg. 2

340IProcedure on [F33Commissioner] investigations [F34of service complaints]U.K.

(1)It is for the [F35Armed Forces Commissioner] to determine—

(a)whether to begin, continue or discontinue an investigation [F36under section 340H];

(b)whether to investigate a service complaint, or an allegation, as a whole or only in particular respects.

(2)The Secretary of State may make regulations about the procedure to be followed in an investigation [F37under section 340H].

(3)Subject to subsection (2), the procedure for carrying out an investigation [F38under section 340H] is to be such as the [F39Commissioner] considers appropriate in the circumstances.

(4)In particular, the [F40Commissioner] may make such inquiries as the [F40Commissioner] considers appropriate.

(5)The Secretary of State may by regulations—

(a)impose time limits for the taking by the [F41Commissioner] or the complainant of any step specified in the regulations;

(b)specify circumstances in which a time limit does not apply.

(6)Where—

(a)the [F42Commissioner] carries out an investigation under section 340H(1)(b) in connection with the handling of a service complaint, and

(b)before the complaint was made, the matter to which it relates was considered in accordance with a process for dealing with matters of that kind,

the [F42Commissioner] may for the purposes of the investigation consider any alleged maladministration in connection with that process.

Textual Amendments

[F43Investigations by Armed Forces Commissioner of general service welfare mattersU.K.

Textual Amendments

340IACommissioner investigations of general service welfare mattersU.K.

(1)The Armed Forces Commissioner may investigate such general service welfare matters as the Commissioner considers appropriate, subject to subsection (5).

(2)A “general service welfare matter” is a matter which, in the Commissioner’s opinion—

(a)arises in connection with the ongoing service of persons subject to service law, and

(b)may materially affect the welfare of those persons or relevant family members.

(3)The Commissioner must consider any request made by a person subject to service law or a relevant family member to carry out an investigation under this section.

(4)“Relevant family members” means such descriptions of persons connected with a person subject to service law as may be specified.

(5)The Commissioner may not under this section investigate—

(a)a particular service complaint (see instead section 340H);

(b)a matter which is or was the subject of a service inquiry (see section 343);

(c)a matter which is or was the subject of a criminal investigation or criminal proceedings;

(d)a matter which is or was the subject of a public inquiry;

(e)a matter of such description as may be specified.

(6)Nothing in subsection (5)(a) to (d) prevents the investigation of a general service welfare matter which comes to the attention of the Commissioner in connection with a service complaint, a service inquiry, a criminal investigation or criminal proceedings, or a public inquiry.

(7)A description of a matter may be specified under subsection (5)(e) only if the Secretary of State considers that investigation of a matter of that description by the Commissioner—

(a)would be against the interests of national security, or

(b)might jeopardise the safety of any person.

(8)The Secretary of State must, in connection with an investigation under this section—

(a)co-operate with the Commissioner so far as is reasonable,

(b)give the Commissioner such reasonable assistance as the Commissioner requests, and

(c)consider any findings or recommendations made by the Commissioner (whether or not contained in a report under section 340LA).

(9)In this section—

  • “public inquiry” means an inquiry under the Inquiries Act 2005;

  • “specified” means specified in regulations made by the Secretary of State.

340IBPower of entry to service premisesU.K.

(1)The Armed Forces Commissioner may, for the purposes of an investigation under section 340IA, enter service premises and do any of the following—

(a)view the premises;

(b)observe the carrying on of activities on the premises;

(c)inspect and take copies of any document on, or capable of being viewed using equipment on, the premises;

(d)inspect any equipment or other item on the premises;

(e)take measurements and photographs and make recordings;

(f)require any person on the premises to provide an explanation of any document or to state where it can be found;

(g)make such other enquiries as the Commissioner considers appropriate of any person on the premises;

(h)require any person on the premises to give any other assistance that the Commissioner may reasonably require for the purposes of the investigation.

(2)The reference in subsection (1)(c) to inspecting and taking copies of any document includes requiring any document kept in electronic form to be produced in a form in which—

(a)it is legible or from which it can readily be produced in a legible form, and

(b)can be taken away.

(3)If the Commissioner proposes to exercise the power under subsection (1), the Commissioner must give the Secretary of State notice of the proposal within such period before exercising the power as the Commissioner considers appropriate.

(4)Subsection (3) does not apply, so far as relating to service premises in the United Kingdom, if the Commissioner considers that giving notice would defeat the object of exercising the power.

(5)When exercising the power under subsection (1), the Commissioner—

(a)may be accompanied by any person and bring anything required for the purposes of the investigation;

(b)must, if requested to do so by a person on the premises, produce evidence of the Commissioner’s identity.

(6)The Secretary of State may prevent or restrict the Commissioner’s exercise of the power under subsection (1) (generally or in a particular case) so far as the Secretary of State considers it necessary to do so—

(a)in the interests of national security, or

(b)for the safety of any person.

(7)The power under subsection (1) may not be exercised—

(a)in relation to anything that the Commissioner has reasonable grounds for believing to be an item subject to legal privilege;

(b)to require a person to do anything that the person could not be compelled to do in civil proceedings before the High Court (or, in Scotland, the Court of Session).

(8)In this section—

  • “item subject to legal privilege”—

    (a)

    in England and Wales, has the same meaning as in the Police and Criminal Evidence Act 1984;

    (b)

    in Scotland, has the meaning given by section 412 of the Proceeds of Crime Act 2002;

    (c)

    in Northern Ireland, has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));

  • “premises” includes any place and, in particular, includes—

    (a)

    any vehicle, ship or aircraft, and

    (b)

    any tent or movable structure;

  • “service living accommodation” has the meaning given by section 96;

  • “service premises” means any premises which are permanently or temporarily occupied or controlled for the purposes of a regular or reserve force but are not service living accommodation.]

[F44Armed Forces Commissioner investigations: supplementary matters]U.K.

Textual Amendments

340JPower to require information, documents and evidenceU.K.

(1)The [F45Armed Forces Commissioner] may, for the purposes of an investigation [F46under section 340H or 340IA], require a person to provide—

(a)documents in the person's possession or control, or

(b)other information in the person's possession or control.

(2)The [F47Commissioner] has the same powers as the High Court (or, in Scotland, the Court of Session), for the purposes of an investigation, in respect of—

(a)the attendance and examination of witnesses (including the examination of witnesses abroad), and

(b)the production of documents.

(3)A person may not be required under this section to do anything that the person could not be compelled to do in civil proceedings before the High Court (or, in Scotland, the Court of Session).

Textual Amendments

340KObstruction and contemptU.K.

(1)This section applies if a person—

(a)without lawful excuse, obstructs the discharge of any of the [F48Armed Forces Commissioner’s] functions relating to an investigation [F49under section 340H or 340IA], or

(b)does any act in relation to an investigation that would constitute contempt of court if the investigation were proceedings in the High Court (or, in Scotland, the Court of Session).

(2)The [F50Commissioner] may certify the obstruction or act to the High Court (or, in Scotland, the Court of Session).

(3)The court may inquire into the certified obstruction or act.

(4)If the court, having heard any witness on behalf of or against the person and any statement in the person's defence, is satisfied that the person—

(a)without lawful excuse, obstructed the discharge of any of the [F51Commissioner’s] functions relating to the investigation, or

(b)did the act referred to in subsection (1)(b),

it may deal with the person in any way in which it could deal with the person if he or she had committed contempt in relation to the court.

(5)In this section, “act” includes an omission and references to the doing of an act are to be read accordingly.

Textual Amendments

Reports of investigationU.K.

340LReport and recommendations [F52: service complaints investigations]U.K.

(1)The [F53Armed Forces Commissioner] must, after carrying out an investigation [F54under section 340H], prepare a report setting out—

(a)the [F55Commissioner’s] findings, and

(b)any recommendations referred to in subsection (2).

(2)Those recommendations are—

(a)on an investigation under section 340H(1)(a) where the [F56Commissioner] finds that the service complaint to which the investigation relates is well-founded, the [F57Commissioner’s] recommendations (if any) on what redress would be appropriate;

(b)on an investigation under section 340H(1)(b), (c) or (d) where the [F58Commissioner] finds that the allegation to which the investigation relates is well-founded, the [F59Commissioner’s] recommendations (if any) as a result of that finding;

(c)where, by virtue of section 340H(7), the [F60Commissioner] finds maladministration in connection with the handling of a service complaint, the [F61Commissioner’s] recommendations (if any) as a result of that finding.

(3)The [F62Commissioner] may for the purposes of subsection (2)(b) or (c) make any recommendations that the [F62Commissioner] considers appropriate, including recommendations for the purpose of remedying—

(a)the maladministration or undue delay to which the finding relates, and

(b)any injustice that the [F62Commissioner] considers has or could have been sustained, in consequence of the maladministration or undue delay, by the complainant.

(4)The report must include the [F63Commissioner’s] reasons for each of the findings and recommendations.

(5)The [F64Commissioner] must send a copy of the report to—

(a)the Defence Council,

(b)the complainant, and

(c)any other persons specified, or of a description specified, in regulations made by the Secretary of State.

(6)The [F65Commissioner] may send a copy of the report to any other persons the [F65Commissioner] considers appropriate.

(7)The Secretary of State may make regulations with respect to reports under this section; and the regulations may in particular include—

(a)further provision about the preparation of reports;

(b)provision for the correction of accidental errors in reports;

(c)provision about obligations (including obligations of confidentiality) that may be imposed on persons to whom reports are sent.

Textual Amendments

[F66340LAReport and recommendations: general service welfare investigationsU.K.

(1)After carrying out an investigation under section 340IA, the Armed Forces Commissioner may prepare one or more reports setting out—

(a)the Commissioner’s findings, and

(b)the Commissioner’s recommendations (if any) as a result of the findings.

(2)Subsection (3) applies if the investigation was carried out wholly or partly in response to a request made by an individual.

(3)A report under subsection (1) must not include information which identifies the individual or enables them to be identified, except with their consent.

(4)If the Commissioner prepares a report under subsection (1)—

(a)the report must include the Commissioner’s reasons for each of the findings and recommendations, and

(b)the Commissioner must give the report to the Secretary of State as soon as practicable after it has been prepared.

(5)On receiving a report under subsection (4)(b), the Secretary of State must lay it before Parliament promptly and, in any event, before the end of 30 sitting days beginning with the day on which the report is received.

“Sitting day” means a day on which both Houses of Parliament sit.

(6)The Secretary of State may exclude from any report laid under subsection (5) any material the publication of which the Secretary of State considers—

(a)would be against the interests of national security, or

(b)might jeopardise the safety of any person.]

Textual Amendments

340MAction following receipt of report [F67under section 340L] U.K.

(1)The Defence Council must—

(a)consider a report under section 340L,

(b)notify the [F68Armed Forces Commissioner] and the complainant, giving reasons in writing, of the action (if any) the Council decide to take in response to the findings and any recommendations contained in the report, and

(c)where the Council decide to reject a recommendation, notify the [F69Commissioner] and the complainant, giving reasons in writing for the rejection.

(2)Where the Defence Council decide that a service complaint should be reconsidered to any extent, they must decide whether the reconsideration is to be carried out—

(a)by a person or panel of persons appointed by the Council, or

(b)by the Council themselves;

but this is subject to any provision made by virtue of subsection (6).

(3)The Defence Council must not appoint a person or panel to reconsider a service complaint unless—

(a)the person is, or all the persons on the panel are, authorised by the Council to make the decisions required in connection with the reconsideration and to grant any appropriate redress, or

(b)the Council propose to authorise that person or those persons for those purposes.

(4)The Defence Council may give such directions as they consider appropriate in connection with the reconsideration of a service complaint by a person or panel appointed under subsection (2)(a).

(5)The power of the Defence Council under subsection (4) is subject to any provision made in service complaints regulations about—

(a)the procedure to be followed in connection with the reconsideration of a service complaint;

(b)the persons to be notified of the decision on reconsideration.

(6)The power of the Secretary of State to make regulations under section 340E(1) includes power—

(a)to provide that persons of a specified description may not be appointed under subsection (2)(a) (whether or not as part of a panel);

(b)to require the Defence Council, in relation to any service complaint of a specified description, to act under subsection (2)(a) so as to appoint—

(i)a person who is independent, or of a specified description, or both;

(ii)a panel that satisfies one or more of the requirements listed in subsection (7);

(c)in a case where a requirement within subsection (7)(b) has effect, to require specified functions of a panel to be exercised by the independent members of the panel.

(7)These are the requirements mentioned in subsection (6)(b)(ii)—

(a)all of the members of the panel must be independent;

(b)the panel must include at least a specified number or proportion of independent members;

(c)the panel must include a person of a specified description.

(8)The Defence Council may delegate to any person any of the Council's functions under this section, other than—

(a)the Council's function of reconsidering a service complaint, or

(b)any function of the Council by virtue of subsection (3)(b) in connection with authorising a person to make decisions and to grant redress.

(9)Subsection (8) does not affect the application of section 1(5) or (7) of the Defence (Transfer of Functions) Act 1964 (discharge by Service Boards of Defence Council functions) in relation to the Defence Council's functions under this section.

(10)Section 340E(4) and (5) apply for the purposes of subsections (6) and (7).

Textual Amendments

[F70Armed Forces Commissioner’s] function of referring allegationsU.K.

Textual Amendments

340NReferral of certain allegationsU.K.

(1)Where the [F71Armed Forces Commissioner] considers that a communication made to the [F72Commissioner] alleges that a person named in the communication—

(a)is subject to service law and has been wronged in any matter relating to his or her service, or

(b)was wronged in any matter relating to his or her service which occurred while the person was subject to service law,

the [F72Commissioner] may refer the allegation to the appropriate officer.

(2)“The appropriate officer” is the officer whom the [F73Commissioner] considers to be the officer to whom a service complaint made by the person in respect of the alleged wrong is (under service complaints regulations) to be made.

(3)If an allegation is referred under subsection (1), the appropriate officer must as soon as is reasonably practicable—

(a)inform the person that the allegation has been so referred,

(b)ensure that the person is aware of—

(i)the procedure for making a service complaint, and

(ii)the effect on the making of service complaints of provision made by virtue of section 340B(2)(c) (time limit), and

(c)ascertain whether the person wishes to make a service complaint in respect of the alleged wrong.

(4)Regulations made by the Secretary of State must make provision—

(a)about matters that must be notified to the [F74Commissioner] where an allegation is referred under subsection (1), and

(b)about the time by which notification must be given.

Textual Amendments

Annual report by [F75Armed Forces Commissioner] U.K.

Textual Amendments

340OAnnual report [F76of Armed Forces Commissioner] U.K.

(1)The [F77Armed Forces Commissioner] must, for each calendar year, prepare a report covering the following matters.

(2)Those matters are—

(a)the efficiency, effectiveness and fairness with which the system for dealing with service complaints has operated during that year,

(b)the exercise by the [F78Commissioner] during that year of the [F79Commissioner’s] functions under this Part, and

(c)such other aspects of the system mentioned in paragraph (a), and such matters relating to the functions mentioned in paragraph (b), as the [F80Commissioner] considers appropriate or the Secretary of State may direct.

[F81(2A)A report under subsection (1) must also include a summary of any findings and recommendations made by the Commissioner in connection with an investigation under section 340IA during the year to which the report under subsection (1) relates (whether or not contained in a report under section 340LA).]

(3)The [F82Commissioner] must give [F83a report under subsection (1)] to the Secretary of State as soon as practicable after the end of the calendar year to which the report relates.

(4)The Secretary of State must, on receiving a report under subsection (1), lay it before Parliament.

(5)The Secretary of State may exclude from any report laid under subsection (4) any material whose publication the Secretary of State considers—

(a)would be against the interests of national security, or

(b)might jeopardise the safety of any person.

(6)The Secretary of State may require the [F84Commissioner] to prepare and give to the Secretary of State a report on—

(a)any aspect of the system mentioned in subsection (2)(a);

(b)any matter relating to any of the [F85Commissioner’s] functions under this Part.]

Textual Amendments

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