Section 340E Further provision about persons and panels deciding service complaints etcF1

(1)

The Secretary of State may by regulations—

(a)

provide that persons of a specified description may not be appointed by virtue of section 340C(1)(a) or 340D(2)(d) (whether or not as part of a panel);

(b)

require the Defence Council, in relation to any service complaint of a specified description, to act by virtue of section 340C(1)(a) or 340D(2)(d) so as to appoint—

(i)

a person who is independent, or of a specified description, or both;

(ii)

a panel that satisfies one or more of the requirements listed in subsection (2).

(2)

Those requirements are—

(a)

all of the members of the panel must be independent;

(b)

the panel must include at least a specified number or proportion of independent members;

(c)

the panel must include a person of a specified description.

(3)

Where a requirement within subsection (2)(b) has effect, the regulations may also require specified functions of the panel to be exercised by the independent members of the panel.

(4)

For the purposes of this section, a person (including a member of a panel) is independent if the person—

(a)

is not a member of the regular or reserve forces or employed in the civil service of the State, and

(b)

is included in a list maintained for the purposes of this section by the Secretary of State.

(5)

In this section, “specified” means specified in the regulations.

Annotations

Textual amendments

F1: Pt. 14A inserted (1.1.2016) by Armed Forces (Service Complaints and Financial Assistance) Act 2015 (c. 19), ss. 2(1), 7(1); S.I. 2015/1957, reg. 2 (with savings and transitional provisions in S.I. 2015/1969)

Notes on the whole Act

Textual amendments

F1: Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)

Notes on Part 14A

Textual amendments

F2: Pt. 14A heading substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 9; S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

Modifications

C1: Pt. 14A modified (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), ss. 2, 7(2); S.I. 2026/14, regs. 2, 4(b) (with reg. 5)