Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Service complaints
After section 365A of the Armed Forces Act 2006 insert—
The office of Service Complaints Commissioner is abolished.
Accordingly, in the Armed Forces Act 2006, omit section 366 and the italic cross-heading immediately preceding it.
After section 340 of the Armed Forces Act 2006 insert—
In consequence of subsection (1), in the Armed Forces Act 2006, omit sections 334 to 339.
Financial assistance for armed forces community
The Secretary of State may give financial assistance to a person for use in respect of activities that are intended to benefit the armed forces community or any part of that community (whether or not they might also benefit other persons).
“The armed forces community” means—whether in the British Islands or elsewhere.
members or former members of the regular or reserve forces,
partners, former partners and children of persons within paragraph (a), and
such other persons connected with persons within paragraph (a) as the Secretary of State considers appropriate,
Financial assistance may only be given under subsection (1)—
to a public authority, in respect of activities that are carried out in the exercise of functions of the authority that are functions of a public nature;
to a person other than a public authority, in respect of activities that are carried out for a charitable, benevolent or philanthropic purpose.
Financial assistance under subsection (1) may be given in any form and may, in particular, be given by way of—
grants,
loans,
guarantees, or
incurring expenditure for the benefit of the authority or other person assisted.
Financial assistance under subsection (1) may be given subject to conditions, including conditions as to—
the purposes for which the assistance may be used;
circumstances in which the assistance is to be repaid to the Secretary of State, and the way in which that is to be done;
the making of reports to the Secretary of State regarding the uses to which the assistance has been put;
the keeping, and making available for inspection, of accounts and other records;
the carrying out of examinations by the Comptroller and Auditor General into the economy, efficiency and effectiveness with which the assistance has been used.
In this section—
“public authority” means a person with functions of a public nature;
references to a public authority include a public authority in the Channel Islands or the Isle of Man.
Final
This Act extends to England and Wales, Scotland and Northern Ireland (subject to subsection (2)).
An amendment or repeal made by this Act has the same extent as the provision amended or repealed (ignoring extent by virtue of an Order in Council).
Those territories are—
any of the Channel Islands;
the Isle of Man;
any of the British overseas territories.
The power under subsection (1) includes power—
to modify the operation of the old complaints provisions in relation to pre-commencement complaints;
to apply any of the new complaints provisions (with or without modifications) in relation to pre-commencement complaints.
Regulations under this section—
may make different provision for different purposes;
may make provision generally or in relation to cases of a description specified in the regulations.
Regulations under this section are to be made by statutory instrument; and an instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—“the new complaints provisions” means—the provisions of, or made under, Part 14A of the Armed Forces Act 2006, and section 365B of that Act;“the old complaints provisions” means—sections 334 to 339 of the Armed Forces Act 2006 and provision made under any of those sections, and section 366 of that Act;“pre-commencement complaint” means a complaint under section 334 of the Armed Forces Act 2006 that is made before the coming into force of section 2(2) of this Act.
Regulations under subsection (1) may appoint different days for different purposes.
The remaining provisions of this Act come into force on the day on which this Act is passed.
This Act may be cited as the Armed Forces (Service Complaints and Financial Assistance) Act 2015.
Service complaints: consequential amendments
Equal Pay Act (Northern Ireland) 1970 (c. 32 (N.I.))
The Equal Pay Act (Northern Ireland) 1970 is amended as follows.
Section 6A (service pay and conditions) is amended as follows.
In subsection (5), for paragraph (b) substitute—
After subsection (5) insert—
For subsection (6) substitute—
For subsection (7) substitute—
Omit subsection (11).
In subsection (12)—
in the definition of “service complaint”, for “section 334” substitute “ section 340A ”,
after that definition, insert—, and
omit the definition “the service complaint procedures”.
In section 6AB (“arrears date” in proceedings under section 6A(9)), in subsection (5), for “in accordance with regulations made under section 6A(6)” substitute “ by virtue of section 6A(6A) ”.
House of Commons Disqualification Act 1975 (c. 24)
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices)—
omit the entry relating to the Service Complaints Commissioner, and
at the appropriate place insert— “ Service Complaints Ombudsman. ”
Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))
The Sex Discrimination (Northern Ireland) Order 1976 is amended as follows.
In Article 80 (orders and regulations), in paragraph (1), omit “(except Article 82(9C))”.
Article 82 (application to Crown etc) is amended as follows.
In paragraph (9B), for sub-paragraph (b) substitute—
After paragraph (9B) insert—
Omit paragraph (9C).
For paragraph (9D) substitute—
Omit paragraph (9E).
In paragraph (10)—
in the definition of “service complaint”, for “section 334” substitute “ section 340A ”,
after that definition, insert—, and
omit the definition “the service complaint procedures”.
Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))
Article 71 of the Race Relations (Northern Ireland) Order 1997 (application to Crown etc) is amended as follows.
In paragraph (8), for sub-paragraph (b) substitute—
After paragraph (8) insert—
Omit paragraph (9).
For paragraph (10) substitute—
Omit paragraph (11).
In paragraph (12)—
in the definition of “service complaint”, for “section 334” substitute “ section 340A ”,
after that definition, insert—, and
omit the definition “the service complaint procedures”.
Armed Forces Act 2006 (c. 52)
The Armed Forces Act 2006 is amended as follows.
In section 373 (orders, regulations and rules under that Act)—
in subsection (2), for “and 340” substitute “ , 340 and 340B ”, and
in subsection (3)(d) (regulations subject to affirmative procedure), for the words from “334(2)” to the end substitute “ 340A(4), 340E(1) or 340N ”.
In section 374 (definitions applying for purposes of Act)—
omit the definition relating to the Service Complaints Commissioner, and
at the appropriate place insert—.
Equality Act 2010 (c. 15)
Part 9 of the Equality Act 2010 (enforcement) is amended as follows.
Section 121 (armed forces cases in relation to which employment tribunal has jurisdiction) is amended as follows.
For subsection (2) substitute—
Omit subsections (3) and (4).
In subsection (5), for the words from “the service” to the end substitute “ the procedures set out in service complaints regulations. ”
After subsection (5) insert—
In section 127 (jurisdiction), in subsection (7), for “Subsections (2) to (5)” substitute “ Subsections (2) to (6) ”.
In section 141 (interpretation), for subsection (8) substitute—
Armed Forces Act 2011 (c. 18)
Omit section 20 of the Armed Forces Act 2011 (service complaint panels).
Consequential revocations
The following instruments are revoked—the Race Relations (Complaints to Industrial Tribunals) (Armed Forces) Regulations 1998 (S.R. (N.I.) 1998/104); the Equal Pay (Complaints to Industrial Tribunals) (Armed Forces) Regulations 1998 (S.R. (N.I.) 1998/105); the Sex Discrimination (Complaints to Industrial Tribunals) (Armed Forces) Regulations 1998 (S.R. (N.I.) 1998/106).