Article 71 Application to Crown etc.

This Order applies—

as it applies to an act done by a private person.

Parts II and IV 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) do not apply in relation to the provisions mentioned in paragraph (2B).

Articles 20A to 20D bind the Crown and the other provisions of this Order so far as they relate to those provisions shall be construed accordingly (including, in particular, references to employment in Part IV).

Paragraphs (1) to (2B) have effect subject toF2 Articles 72A and 72B.

Paragraph (2) of Article 10 shall have effect in relation to any aircraft belonging to or possessed by Her Majesty in right of the Government of the United Kingdom as it has effect in relation to an aircraft such as is mentioned in that paragraph.

Article 11 shall have effect in relation to any ship 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 or hovercraft such as is mentioned in that Article.

Paragraph (4) of Article 27 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 such as is mentioned in that paragraph.

Nothing in this Order shall—

The provisions of Parts II to IV of the 1947 c. 44. Crown Proceedings Act 1947 shall apply to proceedings against the Crown under this Order 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 this Order 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 in question relates to his service in those forces.

No complaint to which paragraph (7) applies shall be presented to an industrial tribunal under Article 52 unless—

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 (8)(b) as withdrawn if—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The presentation of a complaint to an industrial tribunal in reliance on paragraph (8) does not affect the continuation of the procedures set out in service complaints regulations.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In this Article—

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

• “service for purposes of a Minister of the Crown or government department” does not include service in any office for the time being mentioned in Schedule 2 (Ministerial offices) to the1975 c. 24.House of Commons Disqualification Act 1975;

• F15 “ service complaint ” means a complaint under F16section 340A of the Armed Forces Act 2006;

• F17“service complaints regulations” means regulations made under section 340B(1) of that Act;

• F18...

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