The Armed Forces (Service Complaints) (Consequential Amendments) Order 2008
In accordance with section 373(3) of the Armed Forces Act 2006 a draft of this instrument was laid before, and approved by resolution of, each House of Parliament.
Citation and commencement
1.
(1)
This Order may be cited as the Armed Forces (Service Complaints) (Consequential Amendments) Order 2008.
(2)
This Order shall come into force on the day after the day on which it is made.
Amendment of Regulations
2.
(1)
(2)
“(3)
For the purpose of paragraph (2)(b), a person shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures—
(a)
where the service redress procedures are those referred to in section 334 of the Armed Forces Act 2006, neither that officer nor a superior officer has decided to refer the complaint to the Defence Council, and the person who made the complaint fails to apply for such a reference to be made;
(b)
in any other case, the person who made the complaint fails to submit the complaint to the Defence Council under the service redress procedures.”
(3)
In paragraph (5) for the words “and section 130 of the Naval Discipline Act 1957” substitute “, section 130 of the Naval Discipline Act 1957 or section 334 of the Armed Forces Act 2006”.
3.
(1)
(2)
“(4)
For the purpose of paragraph (3)(b), a person shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures—
(a)
where the service redress procedures are those referred to in section 334 of the Armed Forces Act 2006, neither that officer nor a superior officer has decided to refer the complaint to the Defence Council, and the person who made the complaint fails to apply for such a reference to be made;
(b)
in any other case, the person who made the complaint fails to submit the complaint to the Defence Council under the service redress procedures.”
(3)
In paragraph (6) for the words “and section 130 of the Naval Discipline Act 1957” substitute “, section 130 of the Naval Discipline Act 1957 or section 334 of the Armed Forces Act 2006”.
4.
(1)
(2)
“(9)
For the purpose of paragraph (8)(b), a complainant shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures—
(a)
where the service redress procedures are those referred to in section 334 of the Armed Forces Act 2006, neither that officer nor a superior officer has decided to refer the complaint to the Defence Council, and the complainant fails to apply for such a reference to be made;
(b)
in any other case, the complainant fails to submit the complaint to the Defence Council under the service redress procedures.”
(3)
In the definition of “the service redress procedures” in paragraph (11), for the words “and section 130 of the Naval Discipline Act 1957” substitute “, section 130 of the Naval Discipline Act 1957 or section 334 of the Armed Forces Act 2006”.
5.
(1)
(2)
“(9)
For the purpose of paragraph (8)(b), a complainant shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures—
(a)
where the service redress procedures are those referred to in section 334 of the Armed Forces Act 2006, neither that officer nor a superior officer has decided to refer the complaint to the Defence Council, and the complainant fails to apply for such a reference to be made;
(b)
in any other case, the complainant fails to submit the complaint to the Defence Council under the service redress procedures.”
(3)
In the definition of “the service redress procedures” in paragraph (11), for the words “and section 130 of the Naval Discipline Act 1957” substitute “, section 130 of the Naval Discipline Act 1957 or section 334 of the Armed Forces Act 2006”.
The Working Time Regulations 1998, the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, the Employment Equality (Religion or Belief) Regulations 2003 and the Employment Equality (Sexual Orientation) Regulations 2003 provide that a complaint cannot be presented by a member of the armed forces to an employment tribunal under those Regulations unless a complaint under service complaint procedures has been made about the same matter and not withdrawn. Consequent upon the Armed Forces Act 2006 this Order amends those Regulations so that they refer to service complaints brought under that Act.