- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
Defence
Made
27th June 2008
Coming into force in accordance with article 1(2)
The Secretary of State makes the following Order in exercise of the powers conferred on him by section 379(1) of the Armed Forces Act 2006(1):
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.
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.
2.—(1) Regulation 38 of the Working Time Regulations 1998(2) 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“(3) For the purpose of paragraph (2)(b), a person shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures—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 2000(3) 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“(4) For the purpose of paragraph (3)(b), a person shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures—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 2003(4) 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 2003(5) 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”.
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
27th June 2008
(This note is not part of the Order)
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.
S.I. 1998/1833, to which there are amendments not relevant to this Order.
S.I. 2000/1551, to which there are amendments not relevant to this Order.
S.I. 2003/1660, to which there are amendments not relevant to this Order.
S.I. 2003/1661, to which there are amendments not relevant to this Order.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: