Regulation 5 Independent personsI1
United Kingdom
Paragraph (3) applies if—
the Defence Council act by virtue of section 340D(2)(d) or section 340M(2)(a) in relation to a service complaint; and
the statement of complaint made in accordance with regulations made for the purposes of section 340B(1) and (2) includes an allegation within paragraph (2).
An allegation referred to in paragraph (1)(b) is an allegation that the complainant has been the subject of—
discrimination;
harassment;
bullying;
dishonest or biased behaviour; F1or
a failure of the Ministry of Defence to provide medical, dental or nursing care for which the Ministry of Defence was responsibleF2.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Defence Council must appoint—
a person who is independent; or
a panel that includes at least one member who is independent.
In this regulation, “discrimination” means discrimination or victimisation on the grounds of colour, race, ethnic or national origin, nationality, sex, gender reassignment, status as a married person or civil partner, religion, belief or sexual orientation, and less favourable treatment of the complainant as a part-time employee.
Annotations
Textual amendments
- F1
Word in reg. 5(2)(d) inserted (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 2 para. 3(2)(a)
- F2
Reg. 5(2)(e): full stop substituted for word (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 2 para. 3(2)(b)
- F3
Reg. 5(2)(f) omitted (19.6.2023) by virtue of The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 2 para. 3(2)(c)
Modifications
- C1
Reg. 5(2) applied (with modifications) (1.1.2016) by The Armed Forces (Service Complaints and Financial Assistance) Act 2015 (Transitional and Savings Provisions) Regulations 2015 (S.I. 2015/1969), regs. 1, 7(8)
Commencement
- I1
Reg. 5 in force at 1.1.2016, see reg. 1