Schedule 5 (amendment of provisions relating to the review of findings and sentences) shall have effect.
(1) The [1968 c. 20.] Courts-Martial (Appeals) Act 1968 shall be amended as follows.
(2) In section 8 (right of appeal)—
(a) in subsection (1), for the words from “against” (in the first place it appears) to the end there shall be substituted the words “—
(a) against his conviction; and
(b) against any sentence (not being a sentence fixed by law) passed on him for the offence for which he was convicted.”;
(b) in subsection (1A), paragraph (a) shall cease to have effect;
(c) subsection (5) shall cease to have effect.
(3) For section 17A (appeals by civilians) there shall be substituted the following section—
For the avoidance of doubt, the exercise of the power conferred by sections 13, 14, 15 and 16A above, in relation to an order under Schedule 5A to the [1955 c. 18.] Army Act 1955, Schedule 5A to the [1955 c. 19.] Air Force Act 1955 or Schedule 4A to the [1957 c. 53.] Naval Discipline Act 1957 (powers of court on trial of civilians) shall be subject to the restrictions contained in paragraph 15 of each of those Schedules.”
(4) In section 34 (reference of cases by Service authorities), for subsection (4) there shall be inserted the following subsections—
“(4) The Secretary of State may, if consideration by the Appeal Court appears to him for any reason desirable, refer the sentence passed on any person convicted by a court-martial to the Appeal Court.
(5) Any reference under subsection (4) above shall be treated as an appeal by the person convicted against sentence for all purposes except those of section 32 of this Act.”
(5) In section 46 (restitution orders), in subsection (2) and subsection (3)(a), after the word “conviction” there shall be inserted the words “or, in the case of an appeal against sentence, the order”.
(6) In section 53(1) (exclusion of certain appeals) in subsection (1), for the word “against” there shall be substituted the words “in relation to”.
(7) In section 57 (interpretation), after the definition of “the registrar” there shall be inserted the words “; and
“sentence”, in relation to an offence, includes any order made by a court when dealing with an offender.”
After section 36 of the [1968 c. 20.] Courts-Martial (Appeals) Act 1968 there shall be inserted the following section—
(1) The following powers of the Appeal Court under this Part of this Act, namely the power—
(a) to extend the time within which notice of appeal or of application for leave to appeal may be given; and
(b) to order a witness to attend for examination,
may be exercised by the registrar in the same manner as they may be exercised by the Court and subject to the same restrictions.
(2) If the registrar refuses an application on the part of an appellant to exercise in his favour any power specified in subsection (1) above, the appellant shall be entitled to have the application determined by any judge of the Appeal Court.”
Immediately before section 49 of the Courts-Martial (Appeals) Act 1968 there shall be inserted the following section—
(1) Where a person has died—
(a) any relevant appeal which might have been begun by him had he remained alive may be begun by a person approved by the Appeal Court; and
(b) where any relevant appeal was begun by him while he was alive or is begun in relation to his case by virtue of paragraph (a) above, any further step which might have been taken by him in connection with the appeal if he were alive may be taken by a person so approved.
(2) In this section “relevant appeal” means—
(a) an appeal under section 8, 21 or 24 of this Act; or
(b) an appeal under section 39 of this Act from any decision of the Appeal Court on an appeal under any of those sections.
(3) Approval for the purposes of this section may only be given to—
(a) the widow or widower of the dead person;
(b) a personal representative of the dead person; or
(c) any other person appearing to the Court of Appeal to have, by reason of a family or similar relationship with the dead person, a substantial financial or other interest in the determination of a relevant appeal relating to him.
(4) An application for such approval may not be made after the end of the period of one year beginning with the date of death.
(5) Where this section applies, any reference in this Act to the appellant shall, where appropriate, be construed as being or including a reference to the person approved under this section.
(6) The power of the Appeal Court to approve a person under this section may be exercised by any judge of the Appeal Court in the same manner as by the Court and subject to the same provisions; but if the judge refuses the application, the applicant shall be entitled to have the application determined by the Appeal Court.
(7) In subsection (3)(b) above “personal representative” means—
(a) for England and Wales, a person who is a personal representative within the meaning of section 55(1)(xi) of the [1925 c. 23.] Administration of Estates Act 1925;
(b) for Scotland, an executor confirmed to the estate of the dead person; or
(c) for Northern Ireland, a person who is one of the personal representatives within the meaning of the [1955 c. 24 (N.I.).] Administration of Estates Act (Northern Ireland) 1955.”
(1) For section 180 of the [1955 c. 18.] Army Act 1955 there shall be substituted the following section—
(1) If a person subject to military law thinks himself wronged in any matter relating to his service he may make a complaint with respect to that matter to such officer as may be prescribed.
(2) A person may not make a complaint under this section with respect to a matter against which he may present a petition under section 113 of this Act, ask for a review under section 115 of this Act or bring an appeal under the [1968 c. 20.] Courts-Martial (Appeals) Act 1968.
(3) The procedure for making and dealing with a complaint under this section shall be laid down in Queen’s Regulations, which may, in particular, provide—
(a) for a complaint not to be made after the end of such period as may be prescribed;
(b) for any such period to be extended, in the case of a complaint made after the end of the period, in such circumstances as may be prescribed;
(c) for a complaint to be referred, for its first consideration, by the officer to whom it was made to a superior officer; and
(d) if the complainant does not obtain the redress to which he thinks he is entitled (whether from the officer who first considered the complaint or from a superior officer by virtue of provision made as mentioned in this paragraph), for the complaint to be referred to, and considered by, a superior officer.
(4) Any period prescribed for the purposes mentioned in subsection (3)(a) above shall not be less than three months beginning with the day on which the matter complained of occurred.
(5) An officer to whom a complaint is made or referred under provision made by virtue of subsection (3) above shall grant any redress which appears to him necessary.
(6) If the complainant does not obtain the redress to which he thinks he is entitled by the procedure referred to in subsection (3) above, he may submit his complaint to the Defence Council in accordance with the procedure laid down in Queen’s Regulations.
(7) The Defence Council shall have any complaint submitted to them investigated and shall grant any redress which appears to them necessary.
(8) Where a complaint by an officer has been submitted to the Defence Council and he does not obtain the redress to which he thinks he is entitled, the Defence Council shall, at his request, make a report on the complaint through the Secretary of State to Her Majesty in order to receive the directions of Her Majesty thereon.
(9) This section applies to a person who is not subject to military law, in relation to any matter which took place while he was so subject, as it applies to a person who is subject to military law.
(10) In this section “prescribed” means prescribed by Queen’s Regulations.”
(2) For section 180 of the [1955 c. 19.] Air Force Act 1955 there shall be substituted the following section—
(1) If a person subject to air-force law thinks himself wronged in any matter relating to his service he may make a complaint with respect to that matter to such officer as may be prescribed.
(2) A person may not make a complaint under this section with respect to a matter against which he may present a petition under section 113 of this Act, ask for a review under section 115 of this Act or bring an appeal under the [1968 c. 20.] Courts-Martial (Appeals) Act 1968.
(3) The procedure for making and dealing with a complaint under this section shall be laid down in Queen’s Regulations, which may, in particular, provide—
(a) for a complaint not to be made after the end of such period as may be prescribed;
(b) for any such period to be extended, in the case of a complaint made after the end of the period, in such circumstances as may be prescribed;
(c) for a complaint to be referred, for its first consideration, by the officer to whom it was made to a superior officer; and
(d) if the complainant does not obtain the redress to which he thinks he is entitled (whether from the officer who first considered the complaint or from a superior officer by virtue of provision made as mentioned in this paragraph), for the complaint to be referred to, and considered by, a superior officer.
(4) Any period prescribed for the purposes mentioned in subsection (3)(a) above shall not be less than three months beginning with the day on which the matter complained of occurred.
(5) An officer to whom a complaint is made or referred under provision made by virtue of subsection (3) above shall grant any redress which appears to him necessary.
(6) If the complainant does not obtain the redress to which he thinks he is entitled by the procedure referred to in subsection (3) above, he may submit his complaint to the Defence Council in accordance with the procedure laid down in Queen’s Regulations.
(7) The Defence Council shall have any complaint submitted to them investigated and shall grant any redress which appears to them necessary.
(8) Where a complaint by an officer has been submitted to the Defence Council and he does not obtain the redress to which he thinks he is entitled, the Defence Council shall, at his request, make a report on the complaint through the Secretary of State to Her Majesty in order to receive the directions of Her Majesty thereon.
(9) This section applies to a person who is not subject to air-force law, in relation to any matter which took place while he was so subject, as it applies to a person who is subject to air-force law.
(10) In this section “prescribed” means prescribed by Queen’s Regulations.”
(3) For section 130 of the 1957 Act there shall be substituted the following section—
(1) If a person subject to this Act thinks himself wronged in any matter relating to his service he may make a complaint with respect to that matter to such officer as may be prescribed.
(2) A person may not make a complaint under this section with respect to a matter against which he may present a petition under section 70 of this Act, ask for a review under section 71B of this Act or bring an appeal under the [1968 c. 20.] Courts-Martial (Appeals) Act 1968.
(3) The procedure for making and dealing with a complaint under this section shall be laid down in Queen’s Regulations, which may, in particular, provide—
(a) for a complaint not to be made after the end of such period as may be prescribed;
(b) for any such period to be extended, in the case of a complaint made after the end of the period, in such circumstances as may be prescribed;
(c) for a complaint to be referred, for its first consideration, by the officer to whom it was made to a superior officer; and
(d) if the complainant does not obtain the redress to which he thinks he is entitled (whether from the officer who first considered the complaint or from a superior officer by virtue of provision made as mentioned in this paragraph), for the complaint to be referred to, and considered by, a superior officer.
(4) Any period prescribed for the purposes mentioned in subsection (3)(a) above shall not be less than three months beginning with the day on which the matter complained of occurred.
(5) An officer to whom a complaint is made or referred under provision made by virtue of subsection (3) above shall grant any redress which appears to him necessary.
(6) If the complainant does not obtain the redress to which he thinks he is entitled by the procedure referred to in subsection (3) above, he may submit his complaint to the Defence Council in accordance with the procedure laid down in Queen’s Regulations.
(7) The Defence Council shall have any complaint submitted to them investigated and shall grant any redress which appears to them necessary.
(8) Where a complaint by an officer has been submitted to the Defence Council and he does not obtain the redress to which he thinks he is entitled, the Defence Council shall, at his request, make a report on the complaint through the Secretary of State to Her Majesty in order to receive the directions of Her Majesty thereon.
(9) This section applies to a person who is not subject to this Act, in relation to any matter which took place while he was so subject, as it applies to a person who is subject to this Act.
(10) In this section “prescribed” means prescribed by Queen’s Regulations.”
(1) Section 85 of the [1975 c. 65.] Sex Discrimination Act 1975 (application of that Act to the Crown) shall be amended as set out in subsections (2) to (5) below.
(2) In subsection (2), after paragraph (b) there shall be inserted—
“or
(c) service in the armed forces,”.
(3) In subsection (4), for the words from “naval” to the end there shall be substituted the words “armed forces.”.
(4) After subsection (9) there shall be inserted the following subsections—
“(9A) This subsection applies to any complaint by a person (“the complainant”) that another person—
(a) has committed an act of discrimination against the complainant which is unlawful by virtue of section 6; or
(b) is by virtue of section 41 or 42 to be treated as having committed such an act of discrimination against the complainant,
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.
(9B) No complaint to which subsection (9A) applies shall be presented to an industrial tribunal under section 63 unless—
(a) the complainant has made a complaint to an officer under the service redress procedures applicable to him and has submitted that complaint to the Defence Council under those procedures; and
(b) the Defence Council have made a determination with respect to the complaint.
(9C) Regulations may make provision enabling a complaint to which subsection (9A) applies to be presented to an industrial tribunal under section 63 in such circumstances as may be specified by the regulations, notwithstanding that subsection (9B) would otherwise preclude the presentation of the complaint to an industrial tribunal.
(9D) Where a complaint is presented to an industrial tribunal under section 63 by virtue of regulations under subsection (9C), the service redress procedures may continue after the complaint is so presented.
(9E) Regulations under subsection (9C) shall be made by the Secretary of State by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
(5) For subsection (10) there shall be substituted the following subsection—
“(10) In this section—
“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 the [1975 c. 24.] House of Commons Disqualification Act 1975;
“the service redress procedures” means the procedures, excluding those which relate to the making of a report on a complaint to Her Majesty, referred to in section 180 of the [1955 c. 18.] Army Act 1955, section 180 of the [1955 c. 19.] Air Force Act 1955 and section 130 of the [1957 c. 53.] Naval Discipline Act 1957; and
“statutory body” means a body set up by or in pursuance of an enactment and “statutory office” means an office so set up.”
(6) In section 76(1) of the [1975 c. 65.] Sex Discrimination Act 1975 (period within which complaint under section 63 of that Act to be presented to an industrial tribunal), for the words from “the period” to the end there shall be substituted the following words “—
(a) the period of three months beginning when the act complained of was done; or
(b) in a case to which section 85(9A) applies, the period of six months so beginning.”
(1) Article 82 of the [S.I. 1976/1042 (N.I. 15).] Sex Discrimination (Northern Ireland) Order 1976 (application of that Order to the Crown) shall be amended as set out in subsections (2) to (5) below.
(2) In paragraph (2), after sub-paragraph (b) there shall be inserted—
“or
(c) service in the armed forces,”.
(3) In paragraph (5), for the words from “naval” to the end there shall be substituted the words “armed forces”.
(4) After paragraph (9) there shall be inserted the following paragraphs—
“(9A) This paragraph applies to any complaint by a person (“the complainant”) that another person—
(a) has committed an act of discrimination against the complainant which is unlawful by virtue of Article 8; or
(b) is by virtue of Article 42 or 43 to be treated as having committed such an act of discrimination against the complainant,
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.
(9B) No complaint to which paragraph (9A) applies shall be presented to an industrial tribunal under Article 63 unless—
(a) the complainant has made a complaint to an officer under the service redress procedures applicable to him and has submitted that complaint to the Defence Council under those procedures; and
(b) the Defence Council have made a determination with respect to the complaint.
(9C) Regulations made by the Secretary of State may make provision enabling a complaint to which paragraph (9A) applies to be presented to an industrial tribunal under Article 63 in such circumstances as may be specified by the regulations, notwithstanding that paragraph (9B) would otherwise preclude the presentation of the complaint to an industrial tribunal.
(9D) Where a complaint is presented to an industrial tribunal under Article 63 by virtue of regulations under paragraph (9C), the service redress procedures may continue after the complaint is so presented.
(9E) Regulations under paragraph (9C) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the [1946 c. 36.] Statutory Instruments Act 1946 shall apply accordingly.”
(5) For paragraph (10) there shall be substituted the following paragraph—
“(10) 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 the [1975 c. 24.] House of Commons Disqualification Act 1975;
“the service redress procedures” means the procedures, excluding those which relate to the making of a report on a complaint to Her Majesty, referred to in section 180 of the [1955 c. 18.] Army Act 1955, section 180 of the [1955 c. 19.] Air Force Act 1955 and section 130 of the [1957 c. 53.] Naval Discipline Act 1957; and
“statutory body” means a body set up by or in pursuance of a statutory provision and “statutory office” means an office so set up.”
(6) In Article 76(1) of the [S.I. 1976/1042 (N.I. 15).] Sex Discrimination (Northern Ireland) Order 1976 (period within which complaint under Article 63 of that Order to be presented to an industrial tribunal), for the words from “the period” to the end there shall be substituted the following words “—
(a) the period of three months beginning when the act complained of was done; or
(b) in a case to which Article 82(9A) applies, the period of six months so beginning.”.
(7) In Article 80(1) of the Sex Discrimination (Northern Ireland) Order 1976 (orders and regulations subject to negative resolution of the Northern Ireland Assembly), after the words “regulations made under this Order” there shall be inserted the words “(except Article 82(9C))”.
(1) Section 75 of the [1976 c. 74.] Race Relations Act 1976 (application of that Act to the Crown) shall be amended as set out in subsections (2) and (3) below.
(2) For subsection (9) there shall be substituted the following subsections—
“(9) No complaint to which subsection (8) applies shall be presented to an industrial tribunal under section 54 unless—
(a) the complainant has made a complaint to an officer under the service redress procedures applicable to him and has submitted that complaint to the Defence Council under those procedures; and
(b) the Defence Council have made a determination with respect to the complaint.
(9A) Regulations may make provision enabling a complaint to which subsection (8) applies to be presented to an industrial tribunal under section 54 in such circumstances as may be specified by the regulations, notwithstanding that subsection (9) would otherwise preclude the presentation of the complaint to an industrial tribunal.
(9B) Where a complaint is presented to an industrial tribunal under section 54 by virtue of regulations under subsection (9A), the service redress procedures may continue after the complaint is so presented.”
(3) In subsection (10), after paragraph (a) there shall be inserted the following paragraphs—
“(aa) “regulations” means regulations made by the Secretary of State;
(ab) “the service redress procedures” means the procedures, excluding those which relate to the making of a report on a complaint to Her Majesty, referred to in section 180 of the [1955 c. 18.] Army Act 1955, section 180 of the [1955 c. 19.] Air Force Act 1955 and section 130 of the [1957 c. 53.] Naval Discipline Act 1957;”.
(4) In section 68(1) of the [1976 c. 74.] Race Relations Act 1976 (period within which complaint under section 54 of that Act to be presented to an industrial tribunal), for the words from “the period” to the end there shall be substituted the following words “—
(a) the period of three months beginning when the act complained of was done; or
(b) in a case to which section 75(8) applies, the period of six months so beginning.”
(5) In section 74(2) of the Race Relations Act 1976 (parliamentary control of orders and regulations), after the words “section 75(5)(a)” there shall be inserted the words “or (9A)”.
(1) Section 1(9) of the [1970 c. 41.] Equal Pay Act 1970 (exclusion of armed forces from requirement of equal treatment for women and men in same employment) shall cease to have effect.
(2) For section 7 of that Act (service pay) there shall be substituted the following section—
(1) Sections 1 and 6 above shall apply, with the modifications mentioned in subsection (2) below and any other necessary modifications, to service by a woman in any of the armed forces as they apply to employment by a private person.
(2) In the application of those sections to service by a woman in any of the armed forces—
(a) references to a contract of employment shall be regarded as references to the terms of service;
(b) in section 1, in subsection (6), paragraph (c) and the words “or any associated employer” and subsections (8) to (11) (which have no application) shall be omitted; and
(c) references to an equality clause shall be regarded as referring to a corresponding term of service capable of requiring the terms of service applicable in her case to be treated as modified or as including other terms.
(3) Any claim in respect of the contravention of a term of service modified or included, in relation to a woman’s service in any of the armed forces, by a term corresponding to an equality clause in a contract of employment (including a claim for arrears of pay or damages in respect of the contravention) may be presented by way of complaint to an industrial tribunal.
Any such contravention shall be regarded for the purposes of a claim under this subsection as if it were a breach of contract.
(4) Subsections (5) to (10) below apply in relation to any claim by a woman (“the claimant”) arising from a contravention of a term of service referred to in subsection (3) above.
(5) No complaint in respect of the claim shall be presented to an industrial tribunal unless—
(a) the claimant has made a complaint to an officer under the service redress procedures applicable to her and has submitted that complaint to the Defence Council under those procedures; and
(b) the Defence Council have made a determination with respect to the complaint.
(6) Regulations may make provision enabling a complaint in respect of the claim to be presented to an industrial tribunal in such circumstances as may be specified by the regulations, notwithstanding that subsection (5) above would otherwise preclude its presentation.
(7) Where a complaint is presented to an industrial tribunal by virtue of regulations under subsection (6) above, the service redress procedures may continue after the complaint is presented.
(8) No complaint in respect of the claim shall be presented to an industrial tribunal if the period of service during which the claim arose ended more than nine months before the date of the presentation of the complaint to the tribunal.
(9) A woman shall not be entitled, in proceedings on a complaint in respect of the claim, to be awarded any payment by way of arrears of pay or damages in respect of a time earlier than two years before the date on which her complaint under the service redress procedures was made.
(10) Section 2A above shall apply in relation to a complaint in respect of the claim as it applies to a complaint presented to an industrial tribunal under section 2(1) above.
(11) Regulations under subsection (6) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(12) In this section—
“armed forces” means the naval, military or air forces of the Crown; and
“the service redress procedures” means the procedures, excluding those which relate to the making of a report on a complaint to Her Majesty, referred to in section 180 of the [1955 c. 18.] Army Act 1955, section 180 of the [1955 c. 19.] Air Force Act 1955 and section 130 of the [1957 c. 53.] Naval Discipline Act 1957.”
(1) Section 1(10) of the [1970 c. 32 (N.I.).] Equal Pay Act (Northern Ireland) 1970 (exclusion of armed forces from requirement of equal treatment for women and men in same employment) shall cease to have effect.
(2) After section 6 of that Act there shall be inserted the following section—
(1) Sections 1 and 6 shall apply, with the modifications mentioned in subsection (2) and any other necessary modifications, to service by a woman in any of the armed forces as they apply to employment by a private person.
(2) In the application of those sections to service by a woman in any of the armed forces—
(a) references to a contract of employment shall be regarded as references to the terms of service;
(b) in section 1, in subsection (7), paragraph (c) and the words “or any associated employer” and subsections (9) to (12) (which have no application) shall be omitted; and
(c) references to an equality clause shall be regarded as referring to a corresponding term of service capable of requiring the terms of service applicable in her case to be treated as modified or as including other terms.