The Armed Forces (Service Complaints) (Consequential Amendments) Order 2008

Made: 27th June 2008

Coming into force in accordance with article 1(2)

In accordance with section 373(3) of the Armed Forces Act 2006 a draft of this instrument was laid before, and approved by resolution of, each House of Parliament.

Citation and commencement

1

• (1) This Order may be cited as the Armed Forces (Service Complaints) (Consequential Amendments) Order 2008.

• (2) This Order shall come into force on the day after the day on which it is made.

Amendment of Regulations

2

• (1) Regulation 38 of the Working Time Regulations 1998² shall be amended as follows.

• (2) For paragraph (3) substitute—

(3) For the purpose of paragraph (2)(b), a person shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures— (a) where the service redress procedures are those referred to in section 334 of the Armed Forces Act 2006, neither that officer nor a superior officer has decided to refer the complaint to the Defence Council, and the person who made the complaint fails to apply for such a reference to be made; (b) in any other case, the person who made the complaint fails to submit the complaint to the Defence Council under the service redress procedures.

• (3) In paragraph (5) for the words “and section 130 of the Naval Discipline Act 1957” substitute “, section 130 of the Naval Discipline Act 1957 or section 334 of the Armed Forces Act 2006”.

3

• (1) Regulation 13 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000³ shall be amended as follows.

• (2) For paragraph (4) substitute—

(4) For the purpose of paragraph (3)(b), a person shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures— (a) where the service redress procedures are those referred to in section 334 of the Armed Forces Act 2006, neither that officer nor a superior officer has decided to refer the complaint to the Defence Council, and the person who made the complaint fails to apply for such a reference to be made; (b) in any other case, the person who made the complaint fails to submit the complaint to the Defence Council under the service redress procedures.

• (3) In paragraph (6) for the words “and section 130 of the Naval Discipline Act 1957” substitute “, section 130 of the Naval Discipline Act 1957 or section 334 of the Armed Forces Act 2006”.

4

• (1) Regulation 36 of the Employment Equality (Religion or Belief) Regulations 2003⁴ shall be amended as follows.

• (2) For paragraph (9) substitute—

(9) For the purpose of paragraph (8)(b), a complainant shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures— (a) where the service redress procedures are those referred to in section 334 of the Armed Forces Act 2006, neither that officer nor a superior officer has decided to refer the complaint to the Defence Council, and the complainant fails to apply for such a reference to be made; (b) in any other case, the complainant fails to submit the complaint to the Defence Council under the service redress procedures.

• (3) In the definition of “the service redress procedures” in paragraph (11), for the words “and section 130 of the Naval Discipline Act 1957” substitute “, section 130 of the Naval Discipline Act 1957 or section 334 of the Armed Forces Act 2006”.

5

• (1) Regulation 36 of the Employment Equality (Sexual Orientation) Regulations 2003⁵ shall be amended as follows.

• (2) For paragraph (9) substitute—

(9) For the purpose of paragraph (8)(b), a complainant shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures— (a) where the service redress procedures are those referred to in section 334 of the Armed Forces Act 2006, neither that officer nor a superior officer has decided to refer the complaint to the Defence Council, and the complainant fails to apply for such a reference to be made; (b) in any other case, the complainant fails to submit the complaint to the Defence Council under the service redress procedures.

• (3) In the definition of “the service redress procedures” in paragraph (11), for the words “and section 130 of the Naval Discipline Act 1957” substitute “, section 130 of the Naval Discipline Act 1957 or section 334 of the Armed Forces Act 2006”.

Signed

Derek Twigg — Parliamentary Under Secretary of State — Ministry of Defence — 27th June 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

The Working Time Regulations 1998, the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, the Employment Equality (Religion or Belief) Regulations 2003 and the Employment Equality (Sexual Orientation) Regulations 2003 provide that a complaint cannot be presented by a member of the armed forces to an employment tribunal under those Regulations unless a complaint under service complaint procedures has been made about the same matter and not withdrawn. Consequent upon the Armed Forces Act 2006 this Order amends those Regulations so that they refer to service complaints brought under that Act.

Footnotes