The Equal Pay (Complaints to Industrial Tribunals) (Armed Forces) Regulations 1997

Made: 29th August 1997

Laid before Parliament: 5th September 1997

Coming into force: 1st October 1997

The Secretary of State, in exercise of the powers conferred by section 7A(6) of the Equal Pay Act 1970[^f00001], hereby makes the following Regulations:—

1

These Regulations may be cited as the Equal Pay (Complaints to Industrial Tribunals) (Armed Forces) Regulations 1997 and shall come into force on 1st October 1997.

2

• (1) A person may present a complaint to an industrial tribunal under section 7A of the Equal Pay Act 1970, notwithstanding that subsection (5) of that section would otherwise preclude the presentation of such a complaint, in any case to which paragraph (2) or (4) below applies.

• (2) This paragraph applies where—

• (a) the person has made a complaint in respect of the same matter to an officer under the service redress procedures; and

• (b) that complaint has not been withdrawn.

• (3) For the purposes of paragraph (2)(b) above, a person shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures, he fails to submit that complaint to the Defence Council under those procedures.

• (4) This paragraph applies where the complaint concerns a claim in respect of the contravention of a term of service relating to membership of, or rights under, any relevant scheme.

• (5) In this regulation—

• “occupational pension scheme” has the same meaning as in section 1 of the Pensions Schemes Act 1993[^f00002]; and

• “relevant scheme” means— any occupational pension scheme made under section 3 of the Naval and Marine Pay and Pensions Act 1865[^f00003]; the Army Pensions Warrant 1977; or any occupational pension scheme made under section 2 of the Air Force (Constitution) Act 1917[^f00004].

Signed

John Reid — Minister of State, Ministry of Defence — 29th August 1997

Explanatory note

(This note is not part of the Regulations)

These Regulations, which come into force on 1st October 1997, specify the circumstances in which a person may present a complaint to an industrial tribunal in respect of his service in the armed forces, notwithstanding that he would otherwise be precluded from making such a complaint by section 7A(5) of the Equal Pay Act 1970 (which requires a person to go through the service redress procedures before making a complaint to an industrial tribunal).

Footnotes

[^f00001]: 1970 c. 41; section 7A is inserted by section 24 of the Armed Forces Act 1996 (c. 46).

[^f00002]: 1993 c. 48.

[^f00003]: 1865 c. 73.

[^f00004]: 1917 c. 51.