Regulation 43 Application to the Crown etcI1

These Regulations apply –

as they apply to an act done by a private person.

These Regulations apply to –

as they apply to employment by a private person, and shall so apply as if references to a contract of employment included references to the terms of service.

Paragraphs (1) and (2) have effect subject to regulations 13 (Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve) and 14 (other police bodies).

Regulation 10(3) (meaning of employment and contract work at establishment in Northern Ireland) shall have effect in relation to any ship, aircraft or hovercraft belonging to or possessed by Her Majesty in right of the government of the United Kingdom as it has effect in relation to a ship, aircraft or hovercraft specified in regulation 10(3)(a) or (b).

The provisions of Parts II to IV of the Crown Proceedings Act 1947^f1 shall apply to proceedings against the Crown under these Regulations as they apply to proceedings in Northern Ireland which by virtue of section 23 of that Act are treated for the purposes of Part II of that Act as civil proceedings by or against the Crown, except that in their application to proceedings under these Regulations section 20 of that Act (removal of proceedings from county court to High Court) shall not apply.

This paragraph applies to any complaint by a person (“the complainant”) that another person –

if at the time when the act complained of was done the complainant was serving in the armed forces and the discrimination or harassment in question relates to his service in those forces.

A complainant may present a complaint to which paragraph (6) applies to an industrial tribunal under regulation 34 (jurisdiction of industrial tribunals) only if –

Where the service complaint is dealt with by a person or panel appointed by the Defence Council by virtue of section 340C(1)(a) of the Armed Forces Act 2006, it is to be treated for the purposes of paragraph (7)(b) as withdrawn if—

Where a complaint is presented to an industrial tribunal under regulation 34 (jurisdiction of industrial tribunals) by virtue of paragraph (7), the F5procedures set out in service complaints regulations may continue after the complaint is so presented.

In this regulation –

• “armed forces” means any of the naval, military or air forces of the Crown;

• “service for purposes of a Minister of the Crown, a Northern Ireland Minister or government department” does not include service in any office mentioned in Schedule 2 (Ministerial offices) to the House of Commons Disqualification Act 1975^f2;

• F6“service complaint” means a complaint under section 340A of the Armed Forces Act 2006;

• F7“service complaints regulations” means regulations made under section 340B(1) of the Armed Forces Act 2006; and

• “statutory body” means a body set up by or in pursuance of a statutory provision, and “statutory office” means an office so set up.