Armed Forces Act 2006

• (1) The Commissioner may appoint one or more Deputy Commissioners.

• (2) A person may be appointed and serve as a Deputy Commissioner only if the person—

• (a) is a member of the Commissioner’s staff, and

• (b) is not a member of the regular or reserve forces.

7

• (1) Sub-paragraph (2) applies if—

• (a) the office of the Commissioner becomes vacant, or

• (b) it appears to the Secretary of State that the ability of the Commissioner to carry out the Commissioner’s functions is seriously impaired because of ill health (whether mental or physical).

• (2) The Secretary of State may appoint—

• (a) a Deputy Commissioner, or

• (b) such other person as the Secretary of State thinks fit,

to act as the Commissioner during the vacancy or period of ill health.

• (3) An acting Commissioner holds and vacates office in accordance with the terms of the acting Commissioner’s appointment.

• (4) While an acting Commissioner holds office, the acting Commissioner is to be regarded (except for the purposes of paragraphs 3, 4 and 5 and this paragraph) as the Commissioner.

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• (1) The Commissioner may make arrangements for persons to serve as members of the Commissioner’s staff.

• (2) The arrangements—

• (a) may not provide for persons to be directly employed by the Commissioner, but

• (b) may provide for payments to be made directly by the Commissioner to persons serving as members of the Commissioner’s staff.

• (3) Before making arrangements under this paragraph, the Commissioner must obtain the approval of the Secretary of State as to the Commissioner’s policies on—

• (a) the number of the Commissioner’s staff;

• (b) payments to be made to or in respect of staff;

• (c) the terms and conditions of service of staff.

9

• (1) The Commissioner may delegate any of their functions to—

• (a) a Deputy Commissioner, or

• (b) any other person serving as a member of the Commissioner’s staff.

• (2) A function is delegated under this paragraph to the extent and on the terms that the Commissioner determines.

• (3) The delegation of a function by the Commissioner under this paragraph does not prevent the Commissioner from exercising that function.

• (4) Where the Commissioner has delegated the function under section 340IB(1) (power of entry to service premises), the reference in section 340IB(5)(b) to evidence of the Commissioner’s identity is to be read as a reference to evidence of—

• (a) the identity of the person exercising the function, and

• (b) the person’s authority to exercise the function.

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• (1) This paragraph applies where a person is serving as a member of the Commissioner’s staff.

• (2) The Commissioner is liable in respect of unlawful conduct of the person in the carrying out, or purported carrying out, of their functions as a member of the Commissioner’s staff, in the same manner as an employer is liable in respect of unlawful conduct of an employee in the course of their employment.

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• (1) The Secretary of State may make payments and provide other financial assistance to the Commissioner.

• (2) The Secretary of State may—

• (a) provide staff in accordance with arrangements made with the Secretary of State by the Commissioner under paragraph 8;

• (b) provide premises, facilities or other assistance to the Commissioner.

200ZA

• (1) Section 264 of the Sentencing Code (suspended sentence order for offender under 21: availability) has effect in relation to a suspended sentence order made by a relevant service court as if in subsection (3A)—

• (a) the reference to a sentence under section 265 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act (special custodial sentence for certain offenders of particular concern);

• (b) the reference to section 266 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act (extended sentence for certain violent, sexual or terrorism offenders aged 18 or over);

• (c) the reference to a sentence under section 278 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act;

• (d) the reference to a sentence under section 279 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act.

• (2) Section 277 of the Sentencing Code (suspended sentence order for person aged 21 or over: availability) has effect in relation to a suspended sentence order made by a relevant service court as if in subsection (3A)—

• (a) the reference to a sentence under section 278 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act;

• (b) the reference to a sentence under section 279 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act;

• (c) the reference to a sentence under section 265 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act;

• (d) the reference to section 266 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act.

200ZB

• (1) Section 264A of the Sentencing Code (presumption of suspended sentence order: offender under 21) has effect in relation to a suspended sentence order made by a relevant service court as if—

• (a) in subsection (3), after paragraph (d) there were inserted—

(da) the offender is deemed to have served the whole custodial period of the sentence for the offence (or in the case of two or more sentences imposed on the same occasion where those sentences are to be served consecutively, the aggregate of the custodial periods for each offence) by virtue of section 246 of the Armed Forces Act 2006 (crediting of time in service custody: terms of imprisonment and detention),

,

• (b) in subsection (5), the reference to section 30 of the Sentencing Code were to section 256 of this Act, and

• (c) in subsection (7), before the definition of “order of a court” there were inserted—

• “custodial period” means the period of a custodial sentence (within the meaning of the Armed Forces Act 2006: see section 374 of that Act) which the offender is required to serve in custody;

.

• (2) Section 277A of the Sentencing Code (presumption of suspended sentence order: person aged 21 or over) has effect in relation to a suspended sentence order made by a relevant service court as if—

• (a) in subsection (3), after paragraph (d) there were inserted—

(da) the offender is deemed to have served the whole custodial period of the sentence for the offence (or in the case of two or more sentences imposed on the same occasion where those sentences are to be served consecutively, the aggregate of the custodial periods for each offence) by virtue of section 246 of the Armed Forces Act 2006 (crediting of time in service custody: terms of imprisonment and detention),

,

• (b) in subsection (6), the reference to section 30 of the Sentencing Code were to section 256 of this Act, and

• (c) in subsection (8), before the definition of “order of a court” there were inserted—

• “custodial period” means the period of a custodial sentence (within the meaning of the Armed Forces Act 2006: see section 374 of that Act) which the offender is required to serve in custody;

.

Investigations by Armed Forces Commissioner of general service welfare matters

340IA

• (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.

340IB

• (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”—in England and Wales, has the same meaning as in the Police and Criminal Evidence Act 1984;in Scotland, has the meaning given by section 412 of the Proceeds of Crime Act 2002;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—any vehicle, ship or aircraft, andany 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.

Armed Forces Commissioner investigations: supplementary matters

340LA

• (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.