Armed Forces Commissioner Act

A Bill to establish, and confer functions on, the Armed Forces Commissioner; to abolish the office of Service Complaints Ombudsman; and for connected purposes.

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3 Sep 2025
Act of Parliament
Armed Forces Commissioner Act 2025 (c. 23)
13 May 2025
Ping: Pong
Bill 243 2024-25 (Lords Amendments to the Bill)
(10 amendments)
30 Apr 2025
Lords: Third
HL Bill 97 (as amended on Report)
(0 amendments)
Date Debate
Monday 12th May 2025 3rd reading
24 Mar 2025
Lords: Report
HL Bill 63 (as brought from the Commons)
(15 amendments)
Awaiting digital version of this Bill to be published by Parliament
23 Jan 2025
Lords: Committee
HL Bill 63 (as brought from the Commons)
(29 amendments)
12 Dec 2024
Commons: Report
Bill 124 2024-25 (as introduced)
(13 amendments)
This bill was unamended at Committee Stage
Date Debate
Tuesday 21st January 2025 Report stage
6 Nov 2024
Commons: Committee
Bill 124 2024-25 (as introduced)
(14 amendments)

Relevant Documents

Bill PDF
Bill 243 2024-25 (Lords Amendments to the Bill)
Explanatory Note
HL Bill 63 Explanatory Notes

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Page 1

Armed Forces Commissioner

 
"Armed Forces Commissioner"

Source HL Bill 63 Explanatory Notes

14 Clause 1 inserts new section 365AA into the AFA 2006. This new section establishes the Armed Forces Commissioner and their general functions and objectives.

15 Subsections (2) and (3) abolishes the Service Complaints Ombudsman and repeals section 365B (which established the Service Complaints Ombudsman in AFA 2006).

16 Subsection (4) introduces Schedule 1 (which inserts new Schedule 14ZA into AFA 2006).
1
Armed Forces Commissioner
 
 
(1)
After section 365A of the Armed Forces Act 2006 (referred to in this Act as
 
 
“AFA 2006”) insert—
 
 
“Armed Forces Commissioner
5
365AA
Armed Forces Commissioner
 
 
(1)
There is to be an Armed Forces Commissioner.
 
 
(2)
The functions of the Commissioner are—
 
 
(a)
the general function of—
 
 
(i)
promoting the welfare of persons subject to service law
10
 
and relevant family members (as defined by section
 
 
340IA (8) ), and
 
 
(ii)
improving the public’s understanding of the welfare
 
 
issues faced by persons subject to service law and
 
 
relevant family members, and
15
 
(b)
the other functions conferred by or under this Act or by any
 
 
other enactment.
 
 
(3)
The general function referred to in subsection (2) (a) is to be carried
 
 
out in whatever ways the Commissioner considers best calculated to
 
 
advance the objectives mentioned in subsection (2) (a) (i) and (ii) .
20
 
(4)
The Commissioner may do anything that the Commissioner considers
 
 
is calculated to facilitate, or is incidental or conducive to, the carrying
 
 
out of any of the Commissioner’s functions.
 

Page 2

 
(5)
The power in subsection (4) is subject to any restrictions imposed by
 
 
or under this Act or any other enactment.
 
 
(6)
Schedule 14ZA makes further provision with respect to the
 
 
Commissioner.”
 
 
(2)
The office of Service Complaints Ombudsman is abolished.
5
 
(3)
Accordingly, omit section 365B of AFA 2006 (and the italic heading before
 
 
it).
 
 
(4)
Schedule 1 inserts Schedule 14ZA to AFA 2006 and makes amendments of
 
 
other legislation related to the establishment of the Armed Forces
 
 
Commissioner.
10

Service complaints

 
"Commissioner’s functions in relation to service complaints"

Source HL Bill 63 Explanatory Notes

29 The current functions of the Service Complaints Ombudsman set out under Part 14A of the AFA 2006, will be transferred to the new Armed Forces Commissioner.
2
Commissioner’s functions in relation to service complaints
 
 
The functions of the Service Complaints Ombudsman under Part 14A of AFA
 
 
2006 (redress of service complaints) become functions of the Armed Forces
 
 
Commissioner.
15
"Procedure for making service complaints"

Source HL Bill 63 Explanatory Notes

30 Clause 3 amends the references in section 340B(2)(a) and (4)(a), (b) and (c) AFA 2006 from a specified "officer” to a specified “person”. Currently, admissibility decisions relating to service complaints must be made by "an officer of a specified description", which excludes civilians from being able to undertake this task.
3
Procedure for making service complaints
 
 
In section 340B of AFA 2006 (procedure for making a complaint etc)—
 
 
(a)
in subsection (2)(a) for “an officer” substitute “a person”;
 
 
(b)
in subsection (4), in each of paragraphs (a), (b) and (c), for “officer”
 
 
substitute “person”.
20

General service welfare

 
"Commissioner’s functions in relation to general service welfare"

Source HL Bill 63 Explanatory Notes

31 Subsection (2) inserts new sections 340IA and 340IB into AFA 2006, while subsection (3) inserts new section 340LA. Commentary of the new sections are set out below in paragraphs 34 to 49.

32 Subsection (4) amends the current requirement under section 340O of the AFA 2006, for the Service Complaints Ombudsman to prepare an annual report on the service complaints system. This existing function will be transferred to the Commissioner (see Clause 2) but broadened to include the Commissioner's new functions. Subsection (4)(b) places an additional requirement on the Commissioner to include in the annual report a summary of any findings and recommendations made by the Commissioner in connection with an investigation carried out under new section 340IA during that reporting year. This must be included in the annual report regardless of whether these findings and recommendations have already been contained in a report under new section 340LA (see paragraph 48 below).

33 Subsection (5) ensures that the power to make regulations under new section 340IA(4)(e) (see commentary below) is covered by section 373(3) of the AFA 2006. This means any statutory instrument containing regulations under section 340IA(4)(e) are to be laid in draft and must be approved by both Houses of Parliament before coming into effect (i.e. the statutory instrument must follow the “affirmative resolution" procedure).
4
Commissioner’s functions in relation to general service welfare
 
 
(1)
AFA 2006 is amended as follows.
 
 
(2)
After section 340I insert—
 
 
“Investigations by Armed Forces Commissioner of general service welfare matters
25
"Commissioner investigations of general service welfare matters"

Source HL Bill 63 Explanatory Notes

34 This new section enables the Commissioner to investigate a “general service welfare matter". The intent of this section is to ensure a scope broad enough to capture issues that may have been brought to the Commissioner's attention through oversight of the service complaints system, but also issues that can be raised directly by Service personnel and their families, provided it relates in some way to the Service person in question.

35 Subsection (2) states that a "general service welfare matter" is any matter which might, in the opinion of the Commissioner, materially affect the everyday lives of service personnel and their families, where those issues have arisen as a result of the relevant service person's service. 'Materially affect' means a matter must be sufficiently serious to warrant investigation.

36 Subsection (3) requires the Commissioner to consider a request from any person subject to Service law or a relevant family member to carry out an investigation into a “general service welfare matter" under subsection (1). A ‘relevant family member' is to be defined and set out in regulations made by the Secretary of State (see subsection 8).

37 Subsection (4) and (5) exclude certain matters that cannot be investigated under this section, but still enables issues that may have been brought to the Commissioner's attention in connection with a particular service complaint, service inquiry, criminal investigation or proceedings, or public inquiry to be investigated as a "general service welfare matter" under subsection (1). For example, where an issue is referred to the Commissioner through the Service Complaint system that would be more appropriate for them to investigate in accordance with the existing legislation governing the Service Complaint system, this should be conducted by the Commissioner as a separate process under section 340H AFA 06. However, a Service Complaint may indicate wider systemic issues that could potentially affect the welfare of other Service personnel. These wider systemic issues could then be a matter that can be investigated under this provision. The Secretary of State may further specify in regulations matters to be excluded under subsection (4)(e) only where they consider the investigation of such a matter would be against the interests of national security or might jeopardise someone's safety. Whilst the remit of the Commissioner is limited to welfare issues connected to service life, there may be some unforeseen circumstances where a particular investigation topic might impinge on these areas. This power will provide a mechanism to respond and update the Commissioner's remit in a way that still provides Parliamentary oversight via affirmative regulations.

38 Subsection (7) places a requirement on the Secretary of State to co-operate with, and give reasonable assistance to, the Commissioner in relation to an investigation under this section. The Secretary of State must also consider any findings or recommendations made by the Commissioner in connection with an investigation under this section.

39 Subsection (8) provides for the definition of a ‘relevant family member' to be specified in regulations subject to a negative Parliamentary procedure made by the Secretary of State.
340IA
Commissioner investigations of general service welfare matters
 
 
(1)
The Armed Forces Commissioner may investigate such general service
 
 
welfare matters as the Commissioner considers appropriate, subject
 
 
to subsection (4) .
 
 
(2)
A “general service welfare matter” is a matter which, in the
30
 
Commissioner’s opinion—
 
 
(a)
arises in connection with the ongoing service of persons subject
 
 
to service law, and
 
 
(b)
may materially affect the welfare of those persons or relevant
 
 
family members.
35

Page 3

 
(3)
The Commissioner must consider any request made by a person subject
 
 
to service law or a relevant family member to carry out an investigation
 
 
under this section.
 
 
(4)
The Commissioner may not under this section investigate—
 
 
(a)
a particular service complaint (see instead section 340H);
5
 
(b)
a matter which is or was the subject of a service inquiry (see
 
 
section 343);
 
 
(c)
a matter which is or was the subject of a criminal investigation
 
 
or criminal proceedings;
 
 
(d)
a matter which is or was the subject of a public inquiry;
10
 
(e)
a matter of such description as may be specified.
 
 
(5)
Nothing in subsection (4) (a) to (d) prevents the investigation of a
 
 
general service welfare matter which comes to the attention of the
 
 
Commissioner in connection with a service complaint, a service inquiry,
 
 
a criminal investigation or criminal proceedings, or a public inquiry.
15
 
(6)
A description of a matter may be specified under subsection (4) (e)
 
 
only if the Secretary of State considers that investigation of a matter
 
 
of that description by the Commissioner—
 
 
(a)
would be against the interests of national security, or
 
 
(b)
might jeopardise the safety of any person.
20
 
(7)
The Secretary of State must, in connection with an investigation under
 
 
this section—
 
 
(a)
co-operate with the Commissioner so far as is reasonable,
 
 
(b)
give the Commissioner such reasonable assistance as the
 
 
Commissioner requests, and
25
 
(c)
consider any findings or recommendations made by the
 
 
Commissioner (whether or not contained in a report under
 
 
section 340LA ).
 
 
(8)
In this section—
 
 
“public inquiry” means an inquiry under the Inquiries Act 2005;
30
 
“relevant family members” means such descriptions of persons
 
 
connected with a person subject to service law as may be
 
 
specified;
 
 
“specified” means specified in regulations made by the Secretary
 
 
of State.
35
"Power of entry to service premises"

Source HL Bill 63 Explanatory Notes

40 This new section confers on the Commissioner powers of entry to Ministry of Defence sites. It specifies that this power of entry includes certain actions, including to observe activities at those sites and to inspect and take copies of documentation. These actions are set out in subsection (1).

41 Subsection (2) makes reference to sub-section (1)(c) and provides that when inspecting and taking copies of any document kept in electronic form, the Commissioner can require such document to be produced in a form which is legible or which can readily be made legible, and can be taken away.

42 Subsections (3) and (4) require that prior to relying on their powers of entry the Commissioner should provide such notice to the Secretary of State as they consider appropriate. Where they consider that to provide such notice would defeat the object of their powers of entry, they may provide no notice at all only where their visit relates to services premises within the UK. For service premises outside of the UK the Commissioner must give notice of the proposal to visit within such a period as the Commissioner considers appropriate.

43 Subsection (5) enables the Commissioner to be accompanied by any person of their choosing to the premises and bring anything required for the purpose of exercising their powers of entry. It also places an obligation on the Commissioner to provide evidence of their identity and outline the purpose of exercising their power, should this be requested by a person on the premises.

44 Subsection (6) ensures that national security and personal safety considerations can be considered, even in instances where no notice of a visit is provided by the Commissioner. To achieve this sub-section (6) enables the Secretary of State to prevent or restrict the Commissioner's powers of entry and related actions under subsection (1) (generally or in a particular case) where they consider it necessary to do so in the interests of national security or for the safety of any person (which could include the safety of service personnel on the site, or the Commissioner themselves).

45 Subsection (7) sets out the instances in which the Commissioner may not exercise the powers under subsection (1). This includes when the Commissioner has reasonable grounds to believe an item is subject to legal privilege; and also prohibits exercising the power to require a person to do anything that they could not be compelled to do in civil proceedings before the High Court (or, in Scotland, the Court of session).

46 For the purposes of this section, Subsection (8) defines:

  • “item subject to legal privilege" in England and Wales as the definition provided in the Police and Criminal Evidence Act 1984. In Scotland as the definition provided in section 412 of the Proceeds of Crime Act 2002. In Northern Ireland as the definition provided in the Police and Criminal Evidence (Northern Ireland) Order 1989.
  • "premises" as including any place and in particular includes any vehicle, ship, aircraft, tent or movable structure.
  • "service living accommodation" as defined by section 96 AFA 06.
340IB
Power of entry to service premises
 
 
(1)
The Armed Forces Commissioner may, for the purposes of an
 
 
investigation under section 340IA , enter service premises and do any
 
 
of the following—
 
 
(a)
view the premises;
40
 
(b)
observe the carrying on of activities on the premises;
 
 
(c)
inspect and take copies of any document on, or capable of
 
 
being viewed using equipment on, the premises;
 

Page 4

 
(d)
inspect any equipment or other item on the premises;
 
 
(e)
take measurements and photographs and make recordings;
 
 
(f)
require any person on the premises to provide an explanation
 
 
of any document or to state where it can be found;
 
 
(g)
make such other enquiries as the Commissioner considers
5
 
appropriate of any person on the premises;
 
 
(h)
require any person on the premises to give any other assistance
 
 
that the Commissioner may reasonably require for the purposes
 
 
of the investigation.
 
 
(2)
The reference in subsection (1) (c) to inspecting and taking copies of
10
 
any document includes requiring any document kept in electronic
 
 
form to be produced in a form in which—
 
 
(a)
it is legible or from which it can readily be produced in a
 
 
legible form, and
 
 
(b)
can be taken away.
15
 
(3)
If the Commissioner proposes to exercise the power under subsection
 
 
(1) , the Commissioner must give the Secretary of State notice of the
 
 
proposal within such period before exercising the power as the
 
 
Commissioner considers appropriate.
 
 
(4)
Subsection (3) does not apply, so far as relating to service premises
20
 
in the United Kingdom, if the Commissioner considers that giving
 
 
notice would defeat the object of exercising the power.
 
 
(5)
When exercising the power under subsection (1) , the Commissioner—
 
 
(a)
may be accompanied by any person and bring anything
 
 
required for the purposes of the investigation;
25
 
(b)
must, if requested to do so by a person on the premises,
 
 
produce evidence of the Commissioner’s identity.
 
 
(6)
The Secretary of State may prevent or restrict the Commissioner’s
 
 
exercise of the power under subsection (1) (generally or in a particular
 
 
case) so far as the Secretary of State considers it necessary to do so—
30
 
(a)
in the interests of national security, or
 
 
(b)
for the safety of any person.
 
 
(7)
The power under subsection (1) may not be exercised—
 
 
(a)
in relation to anything that the Commissioner has reasonable
 
 
grounds for believing to be an item subject to legal privilege;
35
 
(b)
to require a person to do anything that the person could not
 
 
be compelled to do in civil proceedings before the High Court
 
 
(or, in Scotland, the Court of Session).
 
 
(8)
In this section—
 
 
“item subject to legal privilege” —
40
 
(a)
in England and Wales, has the same meaning as in the
 
 
Police and Criminal Evidence Act 1984;
 
 
(b)
in Scotland, has the meaning given by section 412 of
 
 
the Proceeds of Crime Act 2002;
 

Page 5

 
(c)
in Northern Ireland, has the same meaning as in the
 
 
Police and Criminal Evidence (Northern Ireland) Order
 
 
1989 (S.I. 1989/1341 (N.I. 12));
 
 
“premises” includes any place and, in particular, includes—
 
 
(a)
any vehicle, ship or aircraft, and
5
 
(b)
any tent or movable structure;
 
 
“service living accommodation” has the meaning given by section
 
 
96;
 
 
“service premises” means any premises which are permanently
 
 
or temporarily occupied or controlled for the purposes of a
10
 
regular or reserve force but are not service living
 
 
accommodation.”
 
 
(3)
After section 340L insert—
 
"Report and recommendations: general service welfare investigations"

Source HL Bill 63 Explanatory Notes

47 Subsection (1) enables the Commissioner to prepare one or more reports setting out their findings and any recommendations, resulting from a general service welfare investigation carried out under new section 340IA. As previously noted (paragraph 32 above) there will be a requirement for the new Commissioner to include in their annual report a summary of any findings and recommendations made by the Commissioner in connection with an investigation under new section 340IA during that reporting year, even if these findings and recommendations were not contained in a report prepared under this section.

48 Subsection (2)(b) sets out that where a report is prepared under subsection (1), the Commissioner must give the report to the Secretary of State as soon as is practical. Subsection (3) sets out that the Secretary of State must, on receiving the report, lay it before Parliament promptly and in any event, within 30 sitting days.

49 Subsection (4) enables the Secretary of State to exclude from any report any material where they consider its publication would be against the interests of national security or might jeopardise someone's safety.
“340LA
Report and recommendations: general service welfare investigations
 
 
(1)
After carrying out an investigation under section 340IA , the Armed
15
 
Forces Commissioner may prepare one or more reports setting out—
 
 
(a)
the Commissioner’s findings, and
 
 
(b)
the Commissioner’s recommendations (if any) as a result of
 
 
the findings.
 
 
(2)
If the Commissioner prepares a report under subsection (1) —
20
 
(a)
the report must include the Commissioner’s reasons for each
 
 
of the findings and recommendations, and
 
 
(b)
the Commissioner must give the report to the Secretary of State
 
 
as soon as practicable after it has been prepared.
 
 
(3)
On receiving a report under subsection (2) (b) , the Secretary of State
25
 
must lay it before Parliament promptly and, in any event, before the
 
 
end of 30 sitting days beginning with the day on which the report is
 
 
received.
 
 
“Sitting day” means a day on which both Houses of Parliament sit.
 
 
(4)
The Secretary of State may exclude from any report laid under
30
 
subsection (3) any material the publication of which the Secretary of
 
 
State considers—
 
 
(a)
would be against the interests of national security, or
 
 
(b)
might jeopardise the safety of any person.”
 
 
(4)
In section 340O (annual report on system for dealing with service
35
 
complaints)—
 
 
(a)
in the heading, for “on system for dealing with service complaints”
 
 
substitute “of Armed Forces Commissioner”;
 
 
(b)
after subsection (2) insert—
 
 
“(2A)
A report under subsection (1) must also include a summary of
40
 
any findings and recommendations made by the Commissioner
 
 
in connection with an investigation under section 340IA during
 

Page 6

 
the year to which the report under subsection (1) relates
 
 
(whether or not contained in a report under section 340LA ).”
 
 
(5)
In section 373 (orders, regulations and rules), in subsection (3) after paragraph
 
 
(eb) insert—
 
 
“(eba)
regulations under section 340IA (4) (e) ,”.
5
"Consequential amendments"

Source HL Bill 63 Explanatory Notes

50 This clause introduces Schedule 2. Schedule 2 makes consequential amendments to the AFA 2006 in consequence of the establishment of the Armed Forces Commissioner.
5
Consequential amendments
 
 
Schedule 2 contains amendments that are consequential on this Act.
 

Final provisions

 
"Extent"

Source HL Bill 63 Explanatory Notes

51 This Act extends to the whole of the United Kingdom subject to the following:

  • Paragraph 1 of Schedule 1 (and section 1(4), so far as it relates to that paragraph), so far as they insert paragraph 1 of Schedule 14ZA to AFA 2006 (status of Armed Forces Commissioner as corporation sole), extend in the United Kingdom to England and Wales and Northern Ireland only. This is because Scots law does not have the concept of a "corporation sole".

52 This clause provides that the Bill's provisions may be extended by Order in Council to the Channel Islands, British Overseas Territories (except Gibraltar) and the Isle of Man, known as a permissive extent clause.
6
Extent
 
 
(1)
This Act extends to England and Wales, Scotland and Northern Ireland, subject
10
 
as follows.
 
 
(2)
Paragraph 1 of Schedule 1 (and section 1 (4) , so far as it relates to that
 
 
paragraph), so far as they insert paragraph 1 of Schedule 14ZA to AFA 2006
 
 
(status of Armed Forces Commissioner as corporation sole), extend to England
 
 
and Wales and Northern Ireland only.
15
 
(3)
Any other amendment or repeal made by this Act has the same extent within
 
 
the United Kingdom as the provision amended or repealed.
 
 
(4)
His Majesty may by Order in Council provide for any provision of this Act
 
 
to extend, with or without modifications, to a territory mentioned in subsection
 
 
(5) .
20
 
(5)
The territories are—
 
 
(a)
any of the Channel Islands;
 
 
(b)
the Isle of Man;
 
 
(c)
any of the British overseas territories, except Gibraltar.
 
"Commencement"

Source HL Bill 63 Explanatory Notes

53 There are provisions in clauses 6 to 8 which will come into force on the passing of the Act, which are largely technical provisions relating to definitions, extent (including the provision about extent in clause 6), commencement, and the short title.

54 Clauses 1 to 5 will come into force on a day (or days) appointed by the Secretary of State in regulations, which are not subject to parliamentary procedure.

55 Under subsection (3), the Secretary of State may make transitional, transitory or saving provision by regulations in connection with the coming into force of provisions of the Act. This can include provision for the exercise of the functions of the Armed Forces Commissioner in relation to pre-commencement complaints, i.e. complaints made under Part 14A of AFA 2006 made before the coming into force of clause 2.
7
Commencement
25
 
(1)
The following provisions come into force on the day on which this Act is
 
 
passed—
 
 
(a)
section 6 ;
 
 
(b)
this section;
 
 
(c)
section 8 .
30
 
(2)
The remaining provisions of this Act come into force on such day as the
 
 
Secretary of State may by regulations appoint.
 
 
(3)
The Secretary of State may by regulations make transitional, transitory or
 
 
saving provision in connection with the coming into force of any provision
 
 
of this Act.
35
 
(4)
Regulations under this section—
 
 
(a)
are to be made by statutory instrument;
 

Page 7

 
(b)
may make different provision for different purposes.
 
"Short title"

Source HL Bill 63 Explanatory Notes

56 This clause establishes that this Act may be cited as the Armed Forces Commissioner Act 2025.
8
Short title
 
 
This Act may be cited as the Armed Forces Commissioner Act 2025.
 

Page 8

Schedules

 
 
Schedule 1
Section 1
 
"Armed Forces Commissioner"

Source HL Bill 63 Explanatory Notes

17 Paragraph 1 inserts new Schedule 14ZA into AFA 2006 (detail below).

Armed Forces Commissioner

 

Armed Forces Commissioner

 
 
1
After Schedule 14 to AFA 2006 insert—
5
 
“Schedule 14ZA
Section 365AA
 

The Armed Forces Commissioner

 

Status

 
 
1
The Armed Forces Commissioner is a corporation sole.
 
 
2
The Commissioner is not to be regarded—
10
 
(a)
as the servant or agent of the Crown, or
 
 
(b)
as enjoying any status, immunity or privilege of the
 
 
Crown.
 

Appointment

 
 
3
The Commissioner is to be appointed by His Majesty on the
15
 
recommendation of the Secretary of State.
 

Disqualification

 
 
4
A person is disqualified from being the Commissioner if the
 
 
person—
 
 
(a)
is a member of the regular or reserve forces, or
20
 
(b)
is employed in the civil service of the State.
 

Term of office

 
 
5
(1)
The Commissioner holds and vacates office in accordance with
 
 
the terms of their appointment, subject as follows.
 
 
(2)
The Commissioner’s initial term of office may not be more than
25
 
five years.
 
 
(3)
The Commissioner may be appointed for no more than one further
 
 
term of not more than two years, beginning at the end of the
 
 
initial term.
 
 
(4)
The Commissioner may resign by giving written notice to the
30
 
Secretary of State.
 

Page 9

 
(5)
The Secretary of State may dismiss the Commissioner if satisfied
 
 
that the Commissioner is unable, unwilling or unfit to perform
 
 
the Commissioner’s functions.
 
 
(6)
If the Secretary of State dismisses the Commissioner, the Secretary
 
 
of State must make a statement to the House of Parliament of
5
 
which that Secretary of State is a member setting out the reasons
 
 
for dismissing the Commissioner.
 

Deputy Commissioners

 
 
6
(1)
The Commissioner may appoint one or more Deputy
 
 
Commissioners.
10
 
(2)
A person may be appointed and serve as a Deputy Commissioner
 
 
only if the person—
 
 
(a)
is a member of the Commissioner’s staff, and
 
 
(b)
is not a member of the regular or reserve forces.
 

Vacancy or incapacity

15
 
7
(1)
Sub-paragraph (2) applies if—
 
 
(a)
the office of the Commissioner becomes vacant, or
 
 
(b)
it appears to the Secretary of State that the ability of the
 
 
Commissioner to carry out the Commissioner’s functions
 
 
is seriously impaired because of ill health (whether mental
20
 
or physical).
 
 
(2)
The Secretary of State may appoint—
 
 
(a)
a Deputy Commissioner, or
 
 
(b)
such other person as the Secretary of State thinks fit,
 
 
to act as the Commissioner during the vacancy or period of ill
25
 
health.
 
 
(3)
An acting Commissioner holds and vacates office in accordance
 
 
with the terms of the acting Commissioner’s appointment.
 
 
(4)
While an acting Commissioner holds office, the acting
 
 
Commissioner is to be regarded (except for the purposes of
30
 
paragraphs 3 , 4 and 5 and this paragraph) as the Commissioner.
 

Staff

 
 
8
(1)
The Commissioner may make arrangements for persons to serve
 
 
as members of the Commissioner’s staff.
 
 
(2)
The arrangements—
35
 
(a)
may not provide for persons to be directly employed by
 
 
the Commissioner, but
 
 
(b)
may provide for payments to be made directly by the
 
 
Commissioner to persons serving as members of the
 
 
Commissioner’s staff.
40

Page 10

 
(3)
Before making arrangements under this paragraph, the
 
 
Commissioner must obtain the approval of the Secretary of State
 
 
as to the Commissioner’s policies on—
 
 
(a)
the number of the Commissioner’s staff;
 
 
(b)
payments to be made to or in respect of staff;
5
 
(c)
the terms and conditions of service of staff.
 

Delegation of functions

 
 
9
(1)
The Commissioner may delegate any of their functions to—
 
 
(a)
a Deputy Commissioner, or
 
 
(b)
any other person serving as a member of the
10
 
Commissioner’s staff.
 
 
(2)
A function is delegated under this paragraph to the extent and
 
 
on the terms that the Commissioner determines.
 
 
(3)
The delegation of a function by the Commissioner under this
 
 
paragraph does not prevent the Commissioner from exercising
15
 
that function.
 
 
(4)
Where the Commissioner has delegated the function under section
 
 
340IB (1) (power of entry to service premises), the reference in
 
 
section 340IB (5) (b) to evidence of the Commissioner’s identity is
 
 
to be read as a reference to evidence of—
20
 
(a)
the identity of the person exercising the function, and
 
 
(b)
the person’s authority to exercise the function.
 

Liability

 
 
10
(1)
This paragraph applies where a person is serving as a member
 
 
of the Commissioner’s staff.
25
 
(2)
The Commissioner is liable in respect of unlawful conduct of the
 
 
person in the carrying out, or purported carrying out, of their
 
 
functions as a member of the Commissioner’s staff, in the same
 
 
manner as an employer is liable in respect of unlawful conduct
 
 
of an employee in the course of their employment.
30

Financial and other assistance from the Secretary of State

 
 
11
(1)
The Secretary of State may make payments and provide other
 
 
financial assistance to the Commissioner.
 
 
(2)
The Secretary of State may—
 
 
(a)
provide staff in accordance with arrangements made with
35
 
the Secretary of State by the Commissioner under
 
 
paragraph 8 ;
 
 
(b)
provide premises, facilities or other assistance to the
 
 
Commissioner.”
 

Page 11

"Other amendments"

Source HL Bill 63 Explanatory Notes

18 Paragraphs 2-6 list the amendments to be made to existing primary legislation, including amendments to the following Acts:

Other amendments

 
 
2
In paragraph 3 of Schedule 1 to the Public Records Act 1958 (establishments
 
 
and organisations whose records are public records), in Part 2 of the Table,
 
 
at the appropriate place insert—
 
 
Armed Forces Commissioner.
5
 
3
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
 
 
(other disqualifying offices), at the appropriate place insert—
 
 
“Armed Forces Commissioner.”
 
 
4
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification
 
 
Act 1975 (other disqualifying offices), at the appropriate place insert—
10
 
“Armed Forces Commissioner.”
 
 
5
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
 
 
authorities), at the appropriate place insert—
 
 
The Armed Forces Commissioner.
 
 
6
In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities), under
15
 
the heading “Armed forces”, at the appropriate place insert—
 
 
“Armed Forces Commissioner.”
 
 
Schedule 2
Section 5
 
"Consequential amendments"

Source HL Bill 63 Explanatory Notes

57 Schedule 2 makes consequential amendments to other Acts in consequence of the establishment of the Armed Forces Commissioner.

Consequential amendments

 

Equal Pay Act (Northern Ireland) 1970

20
 
1
In section 6A of the Equal Pay Act (Northern Ireland) 1970 (c. 32 (N.I.)),
 
 
in subsection (5A)(b)—
 
 
(a)
in sub-paragraph (i) for “Service Complaints Ombudsman” substitute
 
 
“Armed Forces Commissioner”;
 
 
(b)
in sub-paragraph (ii) for “Ombudsman” substitute “Commissioner”.
25

House of Commons Disqualification Act 1975

 
 
2
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975,
 
 
omit the entry relating to the Service Complaints Ombudsman.
 

Sex Discrimination (Northern Ireland) Order 1976

 
 
3
In Article 82 of the Sex Discrimination (Northern Ireland) Order 1976 (S.I.
30
 
1976/1042 (N.I. 15)), in paragraph (9BA)(b)—
 
 
(a)
in head (i) for “Service Complaints Ombudsman” substitute “Armed
 
 
Forces Commissioner”;
 
 
(b)
in head (ii) for “Ombudsman” substitute “Commissioner”.
 

Page 12

Race Relations (Northern Ireland) Order 1997

 
 
4
In Article 71 of the Race Relations (Northern Ireland) Order 1997 (S.I.
 
 
1997/869 (N.I. 6)), in paragraph (8A)(b)—
 
 
(a)
in head (i) for “Service Complaints Ombudsman” substitute “Armed
 
 
Forces Commissioner”;
5
 
(b)
in head (ii) for “Ombudsman” substitute “Commissioner”.
 

Working Time Regulations 1998

 
 
5
In regulation 38 of the Working Time Regulations 1998 (S.I. 1998/1833), in
 
 
paragraph (3)(c)—
 
 
(a)
in paragraph (i) for “Service Complaints Ombudsman” substitute
10
 
“Armed Forces Commissioner”;
 
 
(b)
in paragraph (ii) for “Ombudsman” substitute “Commissioner”.
 

Freedom of Information Act 2000

 
 
6
In Part 6 of Schedule 1 to the Freedom of Information Act 2000, omit the
 
 
entry relating to the Service Complaints Ombudsman.
15

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

 
 
7
In regulation 43 of the Employment Equality (Sexual Orientation)
 
 
Regulations (Northern Ireland) 2003 (S.R. (N.I.) 2003 No. 497), in paragraph
 
 
(8)(c)—
 
 
(a)
in head (i) for “Service Complaints Ombudsman” substitute “Armed
20
 
Forces Commissioner”;
 
 
(b)
in head (ii) for “Ombudsman” substitute “Commissioner”.
 

Armed Forces Act 2006

 
 
8
AFA 2006 is amended as follows.
 
 
9
For the heading of Part 14A substitute “Addressing service complaints and
25
 
general service welfare matters”.
 
 
10
In each of the following places, for “Service Complaints Ombudsman”
 
 
substitute “Armed Forces Commissioner”—
 
 
(a)
section 340B(4)(b);
 
 
(b)
section 340D(6)(a) and (aa);
30
 
(c)
section 340G(3)(a);
 
 
(d)
the italic heading before section 340H;
 
 
(e)
in section 340H—
 
 
(i)
subsection (1);
 
 
(ii)
subsection (9C)(a) and (b);
35
 
(f)
section 340I(1);
 
 
(g)
section 340J(1);
 
 
(h)
section 340L(1);
 

Page 13

 
(i)
section 340M(1)(b);
 
 
(j)
section 340N(1);
 
 
(k)
the italic heading before section 340O;
 
 
(l)
section 340O(1).
 
 
11
In each of the following places, for “Ombudsman” substitute
5
 
“Commissioner”—
 
 
(a)
section 340D(6)(b);
 
 
(b)
in section 340H—
 
 
(i)
the heading;
 
 
(ii)
subsection (1) (in the second, third and fourth places);
10
 
(iii)
subsection (3)(a)(i);
 
 
(iv)
subsection (4) (in both places);
 
 
(v)
subsection (7);
 
 
(vi)
subsection (8);
 
 
(vii)
subsection (10);
15
 
(viii)
subsection (11) (in both places);
 
 
(c)
in section 340I—
 
 
(i)
the heading;
 
 
(ii)
subsection (3);
 
 
(iii)
subsection (4) (in both places);
20
 
(iv)
subsection (5)(a);
 
 
(v)
subsection (6) (in both places);
 
 
(d)
section 340J(2);
 
 
(e)
section 340K(2);
 
 
(f)
in section 340L—
25
 
(i)
subsection (2)(a), (b) and (c);
 
 
(ii)
subsection (3) (in each place);
 
 
(iii)
subsection (5);
 
 
(iv)
subsection (6) (in both places);
 
 
(g)
section 340M(1)(c);
30
 
(h)
in section 340N—
 
 
(i)
subsection (1) (in the second and third places);
 
 
(ii)
subsection (2);
 
 
(iii)
subsection (4)(a);
 
 
(i)
in section 340O—
35
 
(i)
subsection (2)(b) and (c);
 
 
(ii)
subsection (3);
 
 
(iii)
subsection (6).
 
 
12
In each of the following places, for “Ombudsman’s” substitute
 
 
“Commissioner’s”—
40
 
(a)
section 340B(4)(c);
 
 
(b)
section 340G(3)(b);
 
 
(c)
section 340K(4)(a);
 

Page 14

 
(d)
in section 340L—
 
 
(i)
subsection (1)(a);
 
 
(ii)
subsection (2)(a), (b) and (c);
 
 
(iii)
subsection (4);
 
 
(e)
in section 340O—
5
 
(i)
subsection (2)(b);
 
 
(ii)
subsection (6)(b).
 
 
13
In the italic heading before section 340H, at the end insert “of service
 
 
complaints”.
 
 
14
In the heading of section 340H, at the end insert “of service complaints”.
10
 
15
In section 340I—
 
 
(a)
in the heading, at the end insert “of service complaints”;
 
 
(b)
in each of subsections (1), (2) and (3), after “investigation” insert
 
 
“under section 340H”.
 
 
16
Before section 340J insert—
15

“Armed Forces Commissioner investigations: supplementary matters

 
 
17
In section 340J(1), after “investigation” insert “under section 340H or 340IA ”.
 
 
18
In section 340K(1)(a), after “investigation” insert “under section 340H or
 
 
340IA ”.
 
 
19
In each of the following places, for “Service Complaints Ombudsman’s”
20
 
substitute “Armed Forces Commissioner’s”—
 
 
(a)
section 340K(1)(a);
 
 
(b)
the italic heading before section 340N.
 
 
20
In section 340L—
 
 
(a)
in the heading, at the end insert “: service complaints investigations”;
25
 
(b)
in subsection (1), after “investigation” insert “under section 340H”.
 
 
21
In the heading of section 340M, at the end insert “under section 340L”.
 
 
22
In section 340O(3), for “the report” substitute “a report under subsection
 
 
(1)”.
 
"In section 374 omit the definition of “the Service Complaints Ombudsman”."

Source HL Bill 63 Explanatory Notes

  • Omitting the “Service Complaints Ombudsman" definition.
 
23
In section 374 omit the definition of “the Service Complaints Ombudsman”.
30

Equality Act 2010

 
 
24
In section 121 of the Equality Act 2010, in subsection (2)(b)—
 
 
(a)
in sub-paragraph (i) for “Service Complaints Ombudsman” substitute
 
 
“Armed Forces Commissioner”;
 
 
(b)
in sub-paragraph (ii) for “Ombudsman” substitute “Commissioner”.
35

Working Time Regulations (Northern Ireland) 2016

 
 
25
In regulation 49 of the Working Time Regulations (Northern Ireland) 2016
 
 
(S.R. (N.I.) 2016 No. 49), in paragraph (3)(c)—
 

Page 15

 
(a)
in head (i) for “Service Complaints Ombudsman” substitute “Armed
 
 
Forces Commissioner”;
 
 
(b)
in head (ii) for “Ombudsman” substitute “Commissioner”.
 
Amendments

No amendments available.