Regulation 8 Amendments to the time limits under section 7A of the Act etc.

After section 7AA of the Act (inserted by regulation 7) insert—

““Arrears date” in proceedings in England and Wales under section 7A(9)

7AB.

(1)

This section applies for the purpose of determining the arrears date, in relation to an award of any payment by way of arrears of pay or damages in proceedings in England and Wales on a complaint in respect of a woman’s service in any of the armed forces, for the purposes of section 7A(9)(a) above.

(2)

In this section—

• “concealment case” means a case where—

  1. (a)

     the employer deliberately concealed from the woman any fact—

     1. (i)

        which is relevant to the contravention to which the proceedings relate, and

     2. (ii)

        without knowledge of which the woman could not reasonably have been expected to institute the proceedings, and

  2. (b)

     the woman made a complaint under the service redress procedures within six years of the day on which she discovered the fact (or could with reasonable diligence have discovered it);

• “disability case” means a case where—

  1. (a)

     the woman was under a disability at the time of the contravention to which the proceedings relate, and

  2. (b)

     the woman made a complaint under the service redress procedures within six years of the day on which she ceased to be under a disability;

• “standard case” means a case which is not—

  1. (a)

     a concealment case,

  2. (b)

     a disability case, or

  3. (c)

     both.

(3)

In a standard case, the arrears date is the date falling six years before the day on which the complaint under the service redress procedures was made.

(4)

In a case which is a concealment or a disability case or both, the arrears date is the date of the contravention.

(5)

Subsection (6) below applies in a case where, in accordance with regulations made under section 7A(6) above, proceedings are instituted without a complaint having been made under the service redress procedures.

(6)

In that case, references in this section to the making of a complaint under the service redress procedures shall be read as references to the institution of proceedings.

Determination of “period” in proceedings in Scotland under section 7A(9)

7AC.

(1)

This section applies, in relation to an award of any payment by way of arrears of pay or damages in proceedings in Scotland on a complaint in respect of a woman’s service in any of the armed forces, for the purposes of determining the period mentioned in section 7A(9)(b) above.

(2)

Subject to subsection (3) below, that period is the period of five years which ends on the day on which the complaint under the service redress procedures was made, except that the five years shall not be regarded as running during—

(a)

any time when the woman was induced, by reason of fraud on the part of, or error induced by the words or conduct of, the employer or any person acting on his behalf, to refrain from instituting the proceedings (not being a time after she could with reasonable diligence have discovered the fraud or error), or

(b)

any time when she was under a disability.

(3)

If, after regard is had to the exceptions in subsection (2) above, that period would include any time more than twenty years before the day mentioned in that subsection, that period is instead the period of twenty years which ends on that day.

(4)

Subsection (5) below applies in a case where, in accordance with regulations made under section 7A(6) above, proceedings are instituted without a complaint having been made under the service redress procedures.

(5)

In that case, the reference in subsection (2) above to the making of the complaint under the service redress procedures shall be read as a reference to the institution of proceedings.”