OpenLegislation

Section 192 Armed forces.C1C2

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Section 191—

(a)

applies to service as a member of the naval, military or air forces of the Crown but subject to the following provisions of this section, and

(b)

applies to employment by an association established for the purposes of Part XI of the M1Reserve Forces Act 1996.

(2)

The provisions of this Act which have effect by virtue of section 191 in relation to service as a member of the naval, military or air forces of the Crown are—

(a)

Part I,

F1(aa)

in Part V, F2sections F343M, 45A, 47C and 47D, and sections 48 and 49 so far as relating to F4those sections,

F5(ab)

section 47C,

F6(ac)

Part 5B,

(b)

in Part VI, sections F755 to 57B,

(c)

Parts VII and VIII,

F8(ca)

Part 8B,

(d)

in Part IX, sections 92 and 93,

(e)

Part X, apart from sections F998B(2) and (3), 100 to 103 F10, 104C F11, 108(5) and 134, and

(f)

this Part and Parts XIV and XV.

(3)

Her Majesty may by Order in Council—

(a)

amend subsection (2) by making additions to, or omissions from, the provisions for the time being specified in that subsection, and

(b)

make any provision for the time being so specified apply to service as a member of the naval, military or air forces of the Crown subject to such exceptions and modifications as may be specified in the Order in Council,

but no provision contained in Part II may be added to the provisions for the time being specified in subsection (2).

C3(4)

Modifications made by an Order in Council under subsection (3) may include provision precluding the making of a complaint or reference to any F12employment tribunal unless F13—

(a)

the person aggrieved has made F14a service complaint ; and

(b)

the Defence Council have made a determination with respect to the F15service complaint.

C4(F165)

Where modifications made by an Order in Council under subsection (3) include provision such as is mentioned in subsection (4), the Order in Council shall also include provision—

(a)

enabling a complaint or reference to be made to an employment tribunal in such circumstances as may be specified in the Order, notwithstanding that provision such as is mentioned in subsection (4) would otherwise preclude the making of the complaint or reference; and

(b)

where a complaint or reference is made to an employment tribunal by virtue of provision such as is mentioned in paragraph (a), enabling the F17the service complaint procedures to continue after the complaint or reference is made.

F18(6A)

In subsections (4) and (5)—

  • “service complaint” means a complaint under section 334 of the Armed Forces Act 2006;

  • “the service complaint procedures” means the procedures prescribed by regulations under that section.

(7)

No provision shall be made by virtue of subsection (4) which has the effect of substituting a period longer than six months for any period specified as the normal period for a complaint or reference.

(8)

In subsection (7) “the normal period for a complaint or reference”, in relation to any matter within the jurisdiction of an employment tribunal, means the period specified in the relevant enactment as the period within which the complaint or reference must be made (disregarding any provision permitting an extension of that period at the discretion of the tribunal).

Annotations

Textual amendments

F1

S. 192(2)(aa) inserted (1.10.1998) by S.I. 1998/1833, reg. 31(4)

F2

Words in s. 192(2)(aa) substituted (1.9.2002 for certain purposes, otherwise prosp.) by Tax Credits Act 2002 (c. 21), s. 27, Sch. 1 para. 1(5)(a); S.I. 2002/1727, art. 2

F3

Words in s. 192(2)(aa) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 35(a); S.I. 2005/872, arts. 4, 5, Sch. (subject to arts. 6-12)

F4

Words in s. 192(2)(aa) substituted (1.9.2002 for certain purposes, otherwise prosp.) by Tax Credits Act 2002 (c. 21), s. 27, Sch. 1 para. 1(5)(b); S.I. 2002/1727, art. 2

F5

S. 192(2)(ab) inserted (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 31(a); S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 paras. 10, 11)

F6

S. 192(2)(ac) inserted (24.7.2023) by Protection from Redundancy (Pregnancy and Family Leave) Act 2023 (c. 17), ss. 1(4), 3(2)

F7

Words in s. 192(2)(b) substituted (15.12.1999) by 1999 c. 26, s. 9 Sch. 4 Pt. III para. 31(b); S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 paras. 10, 11)

F8

S. 192(2)(ca) inserted (4.12.2023) by Carer’s Leave Act 2023 (c. 18), s. 3(3), Sch. para. 10; S.I. 2023/1283, reg. 2

F9

Words in s. 192(2)(e) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 35(b); S.I. 2005/872, arts. 4, 5, Sch. (subject to arts. 6-12)

F10

Words in s. 192(2)(e) inserted (6.4.2003) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 42; S.I. 2002/2866, art. 2(3), Sch. 1 Pt. 3

F11

Word in s. 192(2)(e) inserted (1.10.2014) by Defence Reform Act 2014 (c. 20), ss. 48(3), 50(1); S.I. 2014/2370, art. 4(d)

F12

Words in s. 192(4)(5)(a)(b)(8) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F13

Paras. (a)(b) substituted for words in s. 192(4) (1.10.1997) by 1996 c. 46, s. 26(2); S.I. 1997/2164, art. 2

F14

Words in s. 192(4)(a) substituted (1.1.2008) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 136(a)(i); S.I. 2007/2913, art. 3

F15

Words in s. 192(4)(b) substituted (1.1.2008) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 136(a)(ii);; S.I. 2007/2913, art. 3

F16

S. 192(5) substituted (1.10.1997) by 1996 c. 46, s. 26(3); S.I. 1997/2164, art. 2

F17

Words in s. 192(5)(b) substituted (1.1.2008) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 136(b); S.I. 2007/2913, art. 3

F18

S. 192(6A) substituted (1.1.2008) for s. 192(6) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 136(c); S.I. 2007/2913, art. 3

Marginal citations

M1

1996 c. 14.

Modifications

C1

As s. 31 of the Trade Union Reform and Employment Rights Act 1993 has not come into force before the commencement of this Act (22.8.1996), this Act shall have effect until the relevant commencement date as if for section 192 there were substituted the words expressed in Sch. 2 Part II para. 16(1) of this Act. The relevant commencement date is defined by Sch. 2 Part II para 16(2) of this Act.

C2

As Part XI of the Reserve Forces Act 1996 has not come into force before the commencement of this Act (22.8.1996), section 192 of this Act shall have effect until the relevant commencement date as if for "Part XI of the Reserve Forces Act 1996" there were substituted "Part VI of the Reserve Forces Act 1980". The relevant commencement date is defined by Sch. 2 Part II para 17(2).

C3

S. 192(4) modified (24.4.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 196(1)(f)

C4

S. 192(5) modified (24.4.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 196(2)(f)

Notes on the whole Act

Textual amendments

F1

Part 2B heading and s. 27C inserted (E.W.S.) (31.7.2023 for specified purposes, 1.10.2024 in so far as not already in force) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 1, 14(2); S.I. 2023/876, reg. 3(a); S.I. 2024/829, reg. 3(a)