Armed Forces Act 2006 (c. 52)

(The document as of February, 2008)

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(8) A Royal Warrant under this section may be amended or revoked by a further Royal Warrant under this section.

(9) Nothing in this section prevents provision as to rates of allowances from being made otherwise than under this section.

Redress of individual grievances

334 Redress of individual grievances: service complaints

(1) If--

(a) a person subject to service law thinks himself wronged in any matter relating to his service, or

(b) a person who has ceased to be subject to service law thinks himself wronged in any such matter which occurred while he was so subject,

he may make a complaint about the matter under this section (a "service complaint").

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

(3) The Defence Council must by regulations make provision with respect to the procedure for making and dealing with service complaints.

(4) The regulations must in particular make provision requiring--

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

(b) the officer to whom a service complaint is made to decide whether to consider the complaint himself or to refer it to a superior officer of a prescribed description or to the Defence Council;

(c) a service complaint considered by the officer to whom the complaint is made to be referred, on the application of the complainant, to a superior officer of a prescribed description or (if the officer considers it appropriate) to the Defence Council;

(d) a superior officer to whom a service complaint is referred by virtue of paragraph (b) or (c) to decide whether to consider the complaint himself or to refer it to the Defence Council;

(e) a service complaint considered by a superior officer to whom the complaint is referred by virtue of paragraph (b) or (c) to be referred, on the application of the complainant, to the Defence Council.

(5) Without prejudice to the generality of subsections (3) and (4), the regulations may also make provision--

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

(b) that a service complaint, or an application of a kind mentioned in subsection (4)(c) or (e), may not be made, except in prescribed circumstances, after the end of a prescribed period.

(6) A period prescribed under subsection (5)(b) must not be less than three months beginning with the day on which the matter complained of occurred.

(7) If, under provision made by virtue of subsections (3) and (4)--

(a) an officer decides to consider a service complaint himself, or

(b) a service complaint is referred to the Defence Council,

the officer or the Defence Council ("the appropriate person") must decide whether the complaint is well-founded.

(8) If the appropriate person decides that the complaint is well-founded, he must--

(a) decide what redress (if any), within his authority, would be appropriate; and

(b) grant any such redress.

(9) In this section "prescribed" means prescribed by regulations made by the Defence Council.

335 Service 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

(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).

336 Composition and procedure of service complaint panels

(1) A person may not be a member of a service complaint panel unless he is--

(a) a senior officer (see subsection (4)); or

(b) a person employed in the civil service of the State;

but this is subject to any regulations made by virtue of subsection (6)(a) (appointment of independent members).

(2) A service complaint panel must consist of at least two members.

(3) At least one member of a service complaint panel must be a senior officer.

(4) In this section "senior officer" means an officer who is--

(a) subject to service law; and

(b) of or above the rank of commodore, brigadier or air commodore.

(5) The Secretary of State may by regulations--

(a) make further provision with respect to the composition of service complaint panels;

(b) make provision as to the procedure of service complaint panels (either generally or in prescribed circumstances).

(6) The regulations may in particular--

(a) require, in the case of any service complaint of a prescribed description, a service complaint panel to include one independent member;

(b) impose, in the case of all service complaints or any service complaint of a prescribed description, any requirement in addition to those imposed by subsections (1) to (4);

(c) impose, in the case of any service complaint of a prescribed description, a greater requirement than that imposed by any provision of those subsections (for example, requiring an officer to be of or above a higher rank than those specified in subsection (4) in order to be a senior officer for the purposes of this section).

(7) In this section--

"independent member" means a person appointed by the Secretary of State who is not--
(a)
a member of the regular or reserve forces; or
(b)
a person employed in the civil service of the State;
"prescribed" means prescribed by regulations under this section;
"service complaint" has the same meaning as in section 334;
"service complaint panel" has the same meaning as in section 335.

337 Reference of individual grievance to Her Majesty

(1) This section applies if conditions A to C are met.

(2) Condition A is that a service complaint is made about a matter by--

(a) an officer; or

(b) a person who was an officer at the time the matter occurred.

(3) Condition B is that--

(a) a decision on the complaint is taken by the Defence Council under section 334; and

(b) the Defence Council's function of taking that decision is not delegated to a service complaint panel to any extent.

(4) Condition C is that the complainant makes an application to the Defence Council stating why, in his view--

(a) he should be given redress; or

(b) he should be given different or additional redress.

(5) The Defence Council must make a report on the complaint to Her Majesty, in order to receive the directions of Her Majesty on the complaint.

(6) In this section--

"service complaint" has the same meaning as in section 334;
"service complaint panel" has the same meaning as in section 335.

Role of Service Complaints Commissioner

338 Referral by Service Complaints Commissioner of certain allegations

(1) This section applies where the Service Complaints Commissioner ("the Commissioner") considers that any communication made to him contains an allegation that a person named in such a communication--

(a) is subject to service law and has been wronged in a prescribed way; or

(b) was wronged in such a way while he was so subject.

(2) The Commissioner may refer the allegation to the officer whom he considers to be the relevant officer.

(3) If the allegation is referred under subsection (2), the officer to whom it is referred 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 any regulations made by virtue of section 334(5)(b) (time limits for service complaints); and

(4) Regulations made by the Secretary of State must provide that where the allegation is referred under subsection (2), the prescribed person must within the prescribed period notify the Commissioner of prescribed matters.

(5) In this section--

"prescribed" means prescribed by regulations made by the Secretary of State;
"relevant officer" means the officer to whom a service complaint made by the person in respect of the alleged wrong is (under regulations made under section 334) to be made;
"service complaint" has the same meaning as in that section.

339 Reports by Commissioner on system for dealing with service complaints etc

(1) The Service Complaints Commissioner ("the Commissioner") must prepare and give to the Secretary of State, as soon as practicable after the end of each relevant period, a report as to--

(a) the efficiency, effectiveness and fairness with which the system under this Part for dealing with service complaints has operated during that period;

(b) the exercise by the Commissioner during that period of his function under section 338 of referring allegations; and

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

(2) The Secretary of State must lay before Parliament each report under subsection (1) received by him.

(3) The Secretary of State may exclude from any report laid under subsection (2) any material whose publication he considers--

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

(b) might jeopardise the safety of any person.

(4) The Secretary of State may require the Commissioner to prepare and give to him a report on--

(a) any aspect of the system mentioned in subsection (1)(a);

(b) any matter relating to the function mentioned in subsection (1)(b).

(5) In this section--

"relevant period" means a period of one year beginning with--
(a)
the date this section comes into force; or
(b)
an anniversary of that date;
"service complaint" has the same meaning as in section 334.

Restriction on aliens

340 Restriction on aliens in regular forces etc

(1) An alien may not be a member of--

(a) the regular forces; or

(b) any of Her Majesty's forces raised under the law of a British overseas territory.

(2) But the Defence Council may make regulations providing for subsection (1) not to apply to an alien who satisfies prescribed conditions.

(3) Such a condition may require the alien--

(a) to be of a prescribed nationality; and

(b) to serve in a prescribed unit.

(4) Section 3 of the Act of Settlement (1700 c. 2) does not prevent any person from being a member of any of Her Majesty's forces.

(5) In this section "prescribed" means prescribed by regulations made by the Defence Council.

Part 15 Forfeitures and Deductions

341 Forfeitures and deductions: general provisions

(1) No forfeiture of the pay of a person subject to service law may be imposed unless authorised by or under this Act or any other Act.

(2) No deduction from the pay of a person subject to service law may be made unless authorised by or under this Act or any other Act.

(3) Subsections (1) and (2) do not prevent the making by a Royal Warrant under section 333, or by any regulation, order or instruction of the Defence Council, of provision--

(a) for the imposition of any forfeiture authorised by or under an Act;

(b) for the making of any deduction so authorised;

(d) as to the appropriation of amounts deducted;

(e) for the determination of questions relating to forfeitures and deductions.

(4) A person subject to service law shall, notwithstanding any deduction from his pay but subject to any forfeiture, remain in receipt of pay at not less than such minimum rate as may be prescribed by regulations made by the Defence Council.

(5) Notwithstanding the forfeiture of the pay of a person subject to service law for any period, he may remain in receipt of pay at such minimum rate as may be prescribed by regulations made by the Defence Council; but the amount received for that period may be recovered from him by deduction from pay.

(6) Any amount authorised to be deducted from the pay of a person subject to service law may also be deducted from any bounty, allowance or grant which may be due to him; and references in this section and section 342 to the making of deductions from pay are to be read accordingly.

342 Permitted forfeitures and deductions

(1) The Secretary of State may by regulations make provision for the purpose of enabling the Defence Council, or officers authorised by them, to make orders--

(a) authorising the pay of a person subject to service law to be forfeited for or in respect of any period of prescribed absence from duty;

(b) authorising deductions to be made from the pay of a relevant person and to be appropriated in or towards satisfaction of any amount paid by or on behalf of a service authority to meet the whole or part of a sum that the person has been ordered to pay by a civilian court (anywhere);

(c) authorising deductions to be made from the pay of a relevant person and to be appropriated as or towards compensation for any loss of, or damage to, public or service property which a prescribed person is satisfied has been caused by the relevant person's wrongful act or negligence;

(d) authorising deductions to be made from the pay of a person subject to service law and to be appropriated in or towards satisfaction of any payment which he is required to make in respect of a financial penalty;

(e) authorising deductions to be made from the pay of a relevant person and to be appropriated in or towards satisfaction of--

(i) any prescribed payment which he is required to make under, or in connection with, a prescribed maintenance order;

(ii) any obligation on his part to make periodical payments in accordance with a prescribed maintenance assessment or maintenance calculation; or

(iii) any amount required to be paid by him by virtue of any judgment or order enforceable by a court in the United Kingdom;

(f) authorising deductions to be made from the pay of a relevant person and to be appropriated towards the maintenance of a spouse, civil partner, former spouse, former civil partner, child or prescribed person.

(2) Regulations under this section may in particular make provision--

(a) with respect to the duration, variation, revocation, continuation or suspension of such orders;

(b) conferring functions in relation to such orders on the Defence Council;

(d) limiting the amount which may be deducted from a person's pay;

(e) requiring prescribed persons to provide prescribed information, or to supply copies of prescribed documents, to the Defence Council or persons authorised by them;

(f) with respect to the computation of time for the purposes of orders made by virtue of subsection (1)(a);

(g) with respect to the carrying out of investigations in connection with orders made by virtue of subsection (1)(c);

(h) with respect to the standard of proof which is to apply in connection with orders made by virtue of subsection (1)(c);

(i) for any prescribed forfeiture of a person's pay to apply only to so much of his pay as remains after any deduction from that pay in accordance with an order made by virtue of subsection (1)(e) or (f);

(j) with respect to the procedure which is to apply in connection with orders made by virtue of subsection (1)(f).

(3) Any forfeiture or deduction imposed by virtue of subsection (1)(a), (b) or (c) may be remitted--

(a) by the Defence Council; or

(b) by an officer authorised by the Defence Council.

(4) In this section--

"financial penalty" means--
(a)
a fine or service compensation order imposed by virtue of this Act (including a fine or service compensation order with respect to which an order under section 268 (order for service parent or guardian to pay fine or compensation) has been made);
(b)
a sum adjudged to be paid under section 236(3) (forfeiture of recognizance); or
(c)
an order as to the payment of costs made by virtue of regulations under section 26, or made under section 27, of the Armed Forces Act 2001 (c. 19);
"prescribed" means prescribed, or of a description prescribed, by regulations under this section;
"public property" has the meaning given by section 26(2);
"relevant person" means a person subject to service law by reason of section 367(1) or (2)(a), (b), (c) or (e);
"service property" has the meaning given by section 26(3).

(5) The reference in subsection (1)(e)(iii) to a judgment or order enforceable by a court in the United Kingdom includes a judgment enforceable by the Enforcement of Judgments Office.

Part 16 Inquiries

343 Service inquiries

(1) The Secretary of State may make regulations for causing inquiries, to be known as service inquiries, to be held (whether or not in the United Kingdom) in prescribed circumstances in relation to matters connected with any of Her Majesty's forces.

(2) The regulations may in particular make provision with respect to--

(a) the persons, to be known as a service inquiry panel, who are to conduct a service inquiry;

(b) the functions of a service inquiry panel;

(d) the persons who may convene, and refer matters to, a service inquiry panel;

(e) the procedure of service inquiry panels;

(f) evidence, including the admissibility of evidence;

(g) the representation of witnesses and other persons.

(3) Without prejudice to the generality of subsections (1) and (2), the regulations may make provision--

(a) conferring on a person designated for the purpose by the Secretary of State power to determine, in prescribed circumstances, that a matter of a kind that must be referred to a service inquiry panel need not be so referred (and as to the recording of such a determination);

(b) as to oaths and affirmations for witnesses and other persons;

(c) conferring on prescribed persons a right, subject to such exceptions as may be prescribed, to be present at proceedings of a service inquiry panel;

(d) for procuring the attendance of witnesses and other persons and the production of documents and other things (including the giving of notices by judge advocates);

(e) about the payment of expenses to persons attending proceedings of service inquiry panels;

(f) for the making and retention of records of the proceedings of service inquiry panels;

(g) for the supply of copies of such records, including provision about the fees payable for the supply of such copies;

(h) for evidence given before service inquiry panels not to be admissible at a summary hearing or in proceedings before a court of a prescribed description, except in the case of proceedings for an offence of a prescribed description.

(4) The regulations may also make provision which is equivalent to that made by any provision of section 35 of the Inquiries Act 2005 (c. 12) (offences in connection with inquiries), subject to such modifications as the Secretary of State considers appropriate.

(5) Where the regulations create an offence they may provide--

(a) that the offence is a service offence and is punishable by any punishment mentioned in rows 7 to 12 of the Table in section 164; or

(b) that the offence is an offence triable summarily by a civilian court in the United Kingdom, the Isle of Man or a British overseas territory and is punishable by a fine not exceeding level 3 on the standard scale.

(6) In this section "prescribed" means prescribed by regulations under this section.

Part 17 Miscellaneous

Offences relating to service matters punishable by civilian courts

344 Aiding or abetting etc desertion or absence without leave

(1) A person commits an offence if he aids, abets, counsels or procures the commission by another person of an offence under section 8 (desertion) or 9 (absence without leave).

(2) A person commits an offence if--

(a) he knows that another person ("B") is subject to service law;

(b) he does an act intending to cause B to be absent without leave; and

(3) A person ("A") commits an offence if--

(a) another person ("B") has committed an offence under section 8 or 9;

(b) A knows or believes B to be guilty of that offence; and

(4) Subsections (1) to (3) apply to any aiding, abetting, counselling or procuring, or (as the case may be) any act, done--

(a) in a relevant territory;

(b) otherwise than in a relevant territory, by a United Kingdom national (see section 347) or a person resident in a relevant territory.

(5) In subsection (4) "relevant territory" means--

(a) the United Kingdom;

(b) the Isle of Man; or

(6) In subsection (2) (and subsection (4) so far as relating to that subsection) "act" includes an omission, and the references to the doing of an act are to be read accordingly.

(7) A person guilty of an offence under this section is liable--

(a) on summary conviction, to imprisonment for a term not exceeding the relevant maximum or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(8) In subsection (7) "the relevant maximum" is--

(a) in relation to England and Wales, 12 months;

(b) otherwise, 6 months.

345 Aiding or abetting etc malingering

(1) A person commits an offence if he aids, abets, counsels or procures the commission by another person of an offence under section 16 (malingering).

(2) A person commits an offence if--

(a) he knows that a person ("B") is subject to service law; and

(b) intending to cause B to avoid service, by any act--

(i) he causes B an injury; or

(ii) he aggravates or prolongs any injury of B's.

(3) A person commits an offence if--

(a) he knows that a person ("B") is subject to service law; and

(b) intending to cause B to avoid service, by any act--

(i) he causes B to believe that B has an injury; or

(ii) he causes another person to believe that B has an injury.