Moved by
Lord Astor of Hever
That this House do agree with the Commons in their Amendments 1 to 27.
1: Clause 2, Page 6, line 22, leave out subsection (1) and insert —
“(1) The Service Complaints Ombudsman may, on an application to the Ombudsman by a person within subsection (1A), investigate—
(a) a service complaint, where the Ombudsman 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 Ombudsman 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: Clause 2, page 6, line 25, at end insert—
“(1A) 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: Clause 2, page 6, line 25, at end insert—
“( ) 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 Ombudsman 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: Clause 2, page 6, line 27, after “writing”, insert—
“( ) must specify the kind (or kinds) of investigation which the complainant wishes the Ombudsman to carry out (an investigation under a particular paragraph of subsection (1) being a “kind” of investigation for this purpose),”
5: Clause 2, page 6, line 28, leave out “the” and insert “any other”
6: Clause 2, page 6, line 30, leave out from beginning to “a” in line 32 and insert—
“( ) For the purposes of this section, a service complaint has been finally determined where—
(a) ”
7: Clause 2, page 6, line 34, after “complaint”, insert “or the complaint”
8: Clause 2, page 6, line 34, after “allegation”, insert “of maladministration”
9: Clause 2, page 6, line 37, leave out “that”
10: Clause 2, page 6, leave out lines 39 to 42 and insert—
“( ) 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.”
11: Clause 2, page 6, line 42, at end insert—
“(4A) The power to carry out an investigation under subsection (1)(a) or (b) includes power to investigate any maladministration in the handling of the service complaint where it becomes apparent to the Ombudsman during the course of an investigation that any such maladministration may have occurred.”
12: Clause 2, page 6, line 43, after “application” insert “in respect of a service complaint that has been finally determined”
13: Clause 2, page 7, line 10, leave out “investigated an application relating to” and insert “carried out an investigation under subsection (1)(a) or (b) in relation to”
14: Clause 2, page 7, line 16, at end insert “;
“(b) whether to investigate a service complaint, or an allegation, as a whole or only in particular respects.”
15: Clause 2, page 7, line 29, after “investigation” insert “under section 340H(1)(b)”
16: Clause 2, page 8, line 28, at end insert “, and
(b) any recommendations referred to in subsection (2A).”
17: Clause 2, page 8, leave out lines 29 to 32 and insert—
“(2A) Those recommendations are—
(a) on an investigation under section 340H(1)(a) where the Ombudsman finds that the service complaint to which the investigation relates is well-founded, the Ombudsman’s recommendations (if any) on what redress would be appropriate;
(b) on an investigation under section 340H(1)(b), (c) or (d) where the Ombudsman finds that the allegation to which the investigation relates is well-founded, the Ombudsman’s recommendations (if any) as a result of that finding;
(c) where, by virtue of section 340H(4A), the Ombudsman finds maladministration in the handling of a service complaint, the Ombudsman’s recommendations (if any) as a result of that finding.”
18: Clause 2, page 8, line 33, leave out “(2)” and insert “(2A)(b) or (c)”
19: Clause 2, page 8, line 36, after “maladministration” insert “or undue delay to which the finding relates”
20: Clause 2, page 8, line 38, after “maladministration” insert “or undue delay”
21: After Clause 5, insert the following new Clause—
“Transitional provision
(1) The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the coming into force of sections 1 to 3and the Schedule.
(2) The power under subsection (1) includes power—
(a) to modify the operation of the old complaints provisions in relation to pre-commencement complaints;
(b) to apply any of the new complaints provisions (with or without modifications) in relation to pre-commencement complaints.
(3) Regulations under this section—
(a) may make different provision for different purposes;
(b) may make provision generally or in relation to cases of a description specified in the regulations.
(4) 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.
(5) In this section—
“the new complaints provisions” means—
(a) the provisions of, or made under, Part 14A of the Armed Forces Act 2006, and
(b) section 365B of that Act;
“the old complaints provisions” means—
(a) sections 334 to 339 of the Armed Forces Act 2006 and provision made under any of those sections, and
(b) 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.”
22: Clause 6, page 13, line 19, leave out paragraph (b)
23: Clause 6, page 13, line 20, leave out “Sections 4 and 5, this section and section 7” and insert “The remaining provisions of this Act”
24: Clause 7, page 13, line 25, leave out subsection (2)
25: Schedule, page 14, line 2, at end insert—
“Equal Pay Act (Northern Ireland) 1970 (c. 32 (N.I.))
A1 The Equal Pay Act (Northern Ireland) 1970 is amended as follows.
A2 (1) Section 6A (service pay and conditions) is amended as follows.
(2) In subsection (5), for paragraph (b) substitute—
“(b) the complaint has not been withdrawn.”
(3) After subsection (5) insert—
“(5A) Where the service complaint is dealt with by a person or panel appointed by the Defence Council by virtue of section 340C(1)(a) of the Armed Forces Act 2006, it is to be treated for the purposes of subsection (5)(b) as withdrawn if—
(a) the period allowed in accordance with service complaints regulations for bringing an appeal against the person’s or panel’s decision expires, and
(b) either—
(i) the claimant does not apply to the Service Complaints Ombudsman for a review by virtue of section 340D(6) of that Act (review of decision that appeal brought out of time cannot proceed), or
(ii) the claimant does apply for such a review and the Ombudsman decides that an appeal against the person’s or panel’s decision cannot be proceeded with.”
(4) For subsection (6) substitute—
“(6A) Subsection (5) does not prevent the claimant from presenting a complaint to an industrial tribunal concerning a claim in respect of the contravention of a term of service relating to membership of, or rights under—
(a) an occupational pension scheme made under section 3 of the Naval and Marine Pay and Pensions Act 1865,
(b) the Army Pensions Warrant 1977, or
(c) an occupational pension scheme made under section 2 of the Air Force (Constitution) Act 1917.
(6B) In subsection (6A), “occupational pension scheme” has the same meaning as in section 1 of the Pension Schemes (Northern Ireland) Act 1993.”
(5) For subsection (7) substitute—
“(7) The presentation of a complaint to an industrial tribunal in reliance on subsection (5) does not affect the continuation of the procedures set out in service complaints regulations.”
(6) Omit subsection (11).
(7) In subsection (12)—
(a) in the definition of “service complaint”, for “section 334”substitute “section 340A”,
(b) after that definition, insert—
““service complaints regulations” means regulations made under section 340B(1) of that Act.”, and
(c) omit the definition “the service complaint procedures”.
A3 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)”.”
26 Schedule, page 14, line 8, at end insert—
“Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))
“1A The Sex Discrimination (Northern Ireland) Order 1976 is amended as follows.
1B In Article 80 (orders and regulations), in paragraph (1), omit “(except Article 82(9C))”.
1C (1) Article 82 (application to Crown etc) is amended as follows.
(2) In paragraph (9B), for sub-paragraph (b) substitute—
“(b) the complaint has not been withdrawn.”
(3) After paragraph (9B) insert—
“(9BA) Where the service complaint is dealt with by a person or panel appointed by the Defence Council by virtue of section 340C(1)(a) of the Armed Forces Act 2006, it is to be treated for the purposes of paragraph (9B)(b) as withdrawn if—
(a) the period allowed in accordance with service complaints regulations for bringing an appeal against the person’s or panel’s decision expires, and
(b) either—
(i) the complainant does not apply to the Service Complaints Ombudsman for a review by virtue of section 340D(6) of that Act (review of decision that appeal brought out of time cannot proceed), or
(ii) the complainant does apply for such a review and the Ombudsman decides that an appeal against the person’s or panel’s decision cannot be proceeded with.”
(4) Omit paragraph (9C).
(5) For paragraph (9D) substitute—
“(9D) The presentation of a complaint to an industrial tribunal in reliance on paragraph (9B) does not affect the continuation of the procedures set out in service complaints regulations.”
(6) Omit paragraph (9E).
(7) In paragraph (10)—
(a) in the definition of “service complaint”, for “section 334” substitute “section 340A”,
(b) after that definition, insert—
““service complaints regulations” means regulations made under section 340B(1) of that Act;”, and
(c) omit the definition “the service complaint procedures”.
Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))
1D (1) Article 71 of the Race Relations (Northern Ireland) Order 1997 (application to Crown etc) is amended as follows.
(2) In paragraph (8), for sub-paragraph (b) substitute—
“(b) the complaint has not been withdrawn.”
(3) After paragraph (8) insert—
“(8A) Where the service complaint is dealt with by a person or panel appointed by the Defence Council by virtue of section 340C(1)(a) of the Armed Forces Act 2006, it is to be treated for the purposes of paragraph (8)(b) as withdrawn if—
(a) the period allowed in accordance with service complaints regulations for bringing an appeal against the person’s or panel’s decision expires, and
(b) either—
(i) the complainant does not apply to the Service Complaints Ombudsman for a review by virtue of section 340D(6) of that Act (review of decision that appeal brought out of time cannot proceed), or
(ii) the complainant does apply for such a review and the Ombudsman decides that an appeal against the person’s or panel’s decision cannot be proceeded with.”
(4) Omit paragraph (9).
(5) For paragraph (10) substitute—
“(10) The presentation of a complaint to an industrial tribunal in reliance on paragraph (8) does not affect the continuation of the procedures set out in service complaints regulations.”
(6) Omit paragraph (11).
(7) In paragraph (12)—
(a) in the definition of “service complaint”, for “section 334” substitute “section 340A”,
(b) after that definition, insert—
““service complaints regulations” means regulations made under section 340B(1) of that Act;”, and
(c) omit the definition “the service complaint procedures”.”
27: Schedule, page 15, line 19, at end insert—
“Consequential revocations
10 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).”