Paragraph 1 Armed Forces CommissionerI1I2

After Schedule 14 to AFA 2006 insert—

“Schedule 14ZA

The Armed Forces Commissioner

Section 365AA

Status

1

The Armed Forces Commissioner is a corporation sole.

2

The Commissioner is not to be regarded—

(a)

as the servant or agent of the Crown, or

(b)

as enjoying any status, immunity or privilege of the Crown.

Appointment

3

The Commissioner is to be appointed by His Majesty on the recommendation of the Secretary of State.

Disqualification

4

A person is disqualified from being the Commissioner if the person—

(a)

is a member of the regular or reserve forces, or

(b)

is employed in the civil service of the State.

Term of office

5

(1)

The Commissioner holds and vacates office in accordance with the terms of their appointment, subject as follows.

(2)

The Commissioner’s initial term of office may not be more than five years.

(3)

The Commissioner may be appointed for no more than one further term of not more than two years, beginning at the end of the initial term.

(4)

The Commissioner may resign by giving written notice to the Secretary of State.

(5)

The Secretary of State may dismiss the Commissioner if satisfied that the Commissioner is unable, unwilling or unfit to perform the Commissioner’s functions.

(6)

If the Secretary of State dismisses the Commissioner, the Secretary of State must make a statement to the House of Parliament of which that Secretary of State is a member setting out the reasons for dismissing the Commissioner.

Deputy Commissioners

6

(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.

Vacancy or incapacity

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.

Staff

8

(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.

Delegation of functions

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.

Liability

10

(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.

Financial and other assistance from the Secretary of State

11

(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.”