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Armed Forces Commissioner Act 2025

Sections26Effects5

Statutes amended

5 affected Acts; 23 amendments in total. Each block shows the target Act's text with this Act's changes applied.

Armed Forces Act 2006

19 amendments · open Act

  1. part-14A1 change

    Part 14A Service complaints: armed forces commissionerAddressing service complaints and general service welfare matters

  2. Section 340B12 changes

    340B Procedure for making a complaint and determining admissibility

    subsections (1) – (3) unchanged

    4 Service complaints regulations must make provision—
    b for the Service Complaints OmbudsmanArmed Forces Commissioner, on an application by the complainant, to review a decision by the officer to whom a service complaint is made that the complaint is not admissible;

    paragraphs (a), (c) unchanged

    subsection (5) unchanged

    section 340D, 340G: Service Complaints Ombudsman → Armed Forces Commissioner in further places (see paragraphs b–g, i–l)

  3. Section 340B8 changes

    340B Procedure for making a complaint and determining admissibility

    subsections (1) – (3) unchanged

    4 Service complaints regulations must make provision—

    paragraphs (a) – (b) unchanged

    c for securing that the Ombudsman'sCommissioner's decision in relation to admissibility, on such a review, is binding on the complainant and the officer to whom the complaint was made.

    subsection (5) unchanged

    sections 340G(3)(b), 340K(4)(a), 340L, 340O: Ombudsman's → Commissioner's in further places (see paragraphs b–e)

  4. Section 340B(2)(a)1 change

    340B Procedure for making a complaint and determining admissibility

    subsection (1) unchanged

    2 Service complaints regulations must make provision—
    a for a service complaint to be made to an officera person of a specified description;

    paragraphs (b) – (c) unchanged

    subsections (3) – (5) unchanged

  5. Section 340B(4)3 changes

    340B Procedure for making a complaint and determining admissibility

    subsections (1) – (3) unchanged

    4 Service complaints regulations must make provision—
    a for the officerperson to whom a service complaint is made to decide whether the complaint is admissible and to notify the complainant of that decision;
    b for the Armed Forces Commissioner, on an application by the complainant, to review a decision by the officerperson to whom a service complaint is made that the complaint is not admissible;
    c for securing that the Commissioner's decision in relation to admissibility, on such a review, is binding on the complainant and the officerperson to whom the complaint was made.

    subsection (5) unchanged

  6. Section 340D17 changes

    340D Review of appeal decisions

    subsections (1) – (5) unchanged

    6 Service complaints regulations must make provision—

    paragraph (a) and (aa) unchanged

    b for securing that the decision of the OmbudsmanCommissioner, on a review such as is mentioned in paragraph (a) or (aa), is binding on the complainant and the Defence Council.

    section 340H: Ombudsman → Commissioner in heading and multiple subsections (paras b(i)–(viii)); section 340I: in heading and subsections (3)–(6) (paras c(i)–(v)); sections 340J(2), 340K(2), 340L, 340M(1)(c), 340N, 340O (paras d–i)

  7. Section 340H1 insertion

    340H Commissioner investigations of service complaints

    subsections unchanged

  8. Section 340H1 insertion

    340H Commissioner investigations of service complaints

    subsections unchanged

  9. Section 340I4 insertions

    340I Procedure on Commissioner investigations of service complaints

    1 The Armed Forces Commissioner must notify the complainant and any person complained against of an intention to carry out an investigation under section 340H.
    2 The Armed Forces Commissioner must give those persons an opportunity to comment in relation to the investigation under section 340H.
    3 The Armed Forces Commissioner must give any person whose conduct is the subject of an investigation under section 340H an opportunity to comment.

    subsections (4) – (6) unchanged

  10. Section 340J1 insertion

    340IA Armed Forces Commissioner investigations: supplementary matters

    [New section inserted before section 340J]
  11. Section 340J(1)1 insertion

    340J Power to require information, documents and evidence

    1 The Armed Forces Commissioner may, for the purposes of an investigation under section 340H or 340IA, require any person to—

    subsections (2) – (4) unchanged

  12. Section 340K(1)(a)1 insertion

    340K Obstruction and contempt

    1 This section applies if a person—
    a without lawful excuse, obstructs the discharge of any of the Armed Forces Commissioner's functions relating to an investigation under section 340H or 340IA, or

    paragraph (b) unchanged

    subsections (2) – (4) unchanged

  13. Section 340K(1)(a)2 changes

    340K Obstruction and contempt

    1 This section applies if a person—
    a without lawful excuse, obstructs the discharge of any of the Service Complaints Ombudsman'sArmed Forces Commissioner's functions relating to an investigation under section 340H or 340IA, or

    paragraph (b) unchanged

    subsections (2) – (3) unchanged

    italic heading before section 340N: Service Complaints Ombudsman's → Armed Forces Commissioner's

  14. Section 340L2 insertions

    340L Report and recommendations: service complaints investigations

    1 The Armed Forces Commissioner must, after carrying out an investigation under section 340H, prepare a report.

    subsections (2) – (6) unchanged

  15. Section 340M1 insertion

    340M Action following receipt of report under section 340L

    subsections unchanged

  16. Section 340N7 changes

    340N Referral of certain allegations

    1 Where the Armed Forces Commissioner considers that a communication made to the Commissioner alleges that a person (“P”) named in the communication—
    a is subject to service law and has been wronged in any matter relating to his or herP’s service, or
    b was wronged in any matter relating to his or herP’s service which occurred while the personP was subject to service law,
    the Commissioner may refer the allegation to the appropriate officerperson.
    2 “The appropriate officerperson” is the officerperson whom the Commissioner considers to be the officerperson to whom a service complaint made by the personP in respect of the alleged wrong is (under service complaints regulations) to be made.
    3 If an allegation is referred under subsection (1), the appropriate officerperson must as soon as is reasonably practicable—
    a inform the personP that the allegation has been so referred,
    b ensure that the personP is aware of their rights,
    c invite the personP to make a service complaint.
  17. Section 340O(3)1 change

    340O Annual report of Armed Forces Commissioner

    subsections (1) – (2) unchanged

    3 The Commissioner must give the reporta report under subsection (1) to the Secretary of State as soon as practicable after the end of the calendar year to which the report relates.

    subsections (4) – (6) unchanged

  18. Section 365B1 deletion

    365B Service Complaints Ombudsman

    There is to be a Service Complaints Ombudsman for the Armed Forces.
  19. Section 3741 deletion

    374 Definitions applying for purposes of whole Act

    other definitions unchanged

    "the Service Complaints Ombudsman" means the Service Complaints Ombudsman for the Armed Forces.

    other definitions unchanged

Equal Pay Act (Northern Ireland) 1970

1 amendment · open Act

  1. Section 6A(5A)(b)2 changes

    6A Service pay and conditions

    subsections (1) – (5) unchanged

    5A 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 subsection (5)(b) as withdrawn if—

    paragraph (a) and (aa) unchanged

    b either—
    i the claimant does not apply to the Service Complaints OmbudsmanArmed Forces Commissioner for a review by virtue of section 340D(6)(a) of that Act (review of decision that appeal brought out of time cannot proceed), or
    ii the claimant does apply for such a review and the OmbudsmanCommissioner decides that an appeal against the person's or panel's decision cannot be proceeded with.

House of Commons Disqualification Act 1975

1 amendment · open Act

  1. Schedule 1 Part III1 deletion

    Schedule 1 Offices disqualifying for membership

    Parts I and II unchanged

    Part III Other disqualifying offices

    other entries unchanged

    The Service Complaints Ombudsman for the Armed Forces.

    other entries unchanged

Freedom of Information Act 2000

1 amendment · open Act

  1. Schedule 1 Part VI1 deletion

    Schedule 1 Public authorities

    Parts I – V unchanged

    Part VI Other public bodies and offices: general

    other entries unchanged

    The Service Complaints Ombudsman for the Armed Forces.

    other entries unchanged

Equality Act 2010

1 amendment · open Act

  1. Section 121(2)(b)2 changes

    121 Armed forces cases

    subsection (1) unchanged

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

    paragraphs (a) and (aa) unchanged

    b either—
    i the complainant does not apply to the Service Complaints OmbudsmanArmed Forces Commissioner for a review by virtue of section 340D(6)(a) of the 2006 Act (review of decision that appeal brought out of time cannot proceed), or
    ii the complainant does apply for such a review and the OmbudsmanCommissioner decides that an appeal against the person's or panel's decision cannot be proceeded with.