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Armed Forces Act 2006

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Change 1

What to do with it
As published

340L Report and recommendations : service complaints investigations

(1) The Armed Forces Commissioner must, after carrying out an investigation under section 340H, prepare a report setting out— (a) the Commissioner’s findings, and (b) any recommendations referred to in subsection (2). (2) Those recommendations are— (a) on an investigation under section 340H(1)(a) where the Commissioner finds that the service complaint to which the investigation relates is well-founded, the Commissioner’s recommendations (if any) on what redress would be appropriate; (b) on an investigation under section 340H(1)(b), (c) or (d) where the Commissioner finds that the allegation to which the investigation relates is well-founded, the Commissioner’s recommendations (if any) as a result of that finding; (c) where, by virtue of section 340H(7), the Commissioner finds maladministration in connection with the handling of a service complaint, the Commissioner’s recommendations (if any) as a result of that finding. (3) The Commissioner may for the purposes of subsection (2)(b) or (c) make any recommendations that the Commissioner considers appropriate, including recommendations for the purpose of remedying— (a) the maladministration or undue delay to which the finding relates, and (b) any injustice that the Commissioner considers has or could have been sustained, in consequence of the maladministration or undue delay, by the complainant. (4) The report must include the Commissioner’s reasons for each of the findings and recommendations. (5) The Commissioner must send a copy of the report to— (a) the Defence Council, (b) the complainant, and (c) any other persons specified, or of a description specified, in regulations made by the Secretary of State. (6) The Commissioner may send a copy of the report to any other persons the Commissioner considers appropriate. (7) The Secretary of State may make regulations with respect to reports under this section; and the regulations may in particular include— (a) further provision about the preparation of reports; (b) provision for the correction of accidental errors in reports; (c) provision about obligations (including obligations of confidentiality) that may be imposed on persons to whom reports are sent.

Your change, as a redline

340L Report and recommendations : service complaints investigations

(1) The Armed Forces Commissioner must, after carrying out an investigation under section 340H, prepare a report setting out— (a) the Commissioner’s findings, and (b) any recommendations referred to in subsection (2). (2) Those recommendations are— (a) on an investigation under section 340H(1)(a) where the Commissioner finds that the service complaint to which the investigation relates is well-founded, the Commissioner’s recommendations (if any) on what redress would be appropriate; (b) on an investigation under section 340H(1)(b), (c) or (d) where the Commissioner finds that the allegation to which the investigation relates is well-founded, the Commissioner’s recommendations (if any) as a result of that finding; (c) where, by virtue of section 340H(7), the Commissioner finds maladministration in connection with the handling of a service complaint, the Commissioner’s recommendations (if any) as a result of that finding. (3) The Commissioner may for the purposes of subsection (2)(b) or (c) make any recommendations that the Commissioner considers appropriate, including recommendations for the purpose of remedying— (a) the maladministration or undue delay to which the finding relates, and (b) any injustice that the Commissioner considers has or could have been sustained, in consequence of the maladministration or undue delay, by the complainant. (4) The report must include the Commissioner’s reasons for each of the findings and recommendations. (5) The Commissioner must send a copy of the report to— (a) the Defence Council, (b) the complainant, and (c) any other persons specified, or of a description specified, in regulations made by the Secretary of State. (6) The Commissioner may send a copy of the report to any other persons the Commissioner considers appropriate. (7) The Secretary of State may make regulations with respect to reports under this section; and the regulations may in particular include— (a) further provision about the preparation of reports; (b) provision for the correction of accidental errors in reports; (c) provision about obligations (including obligations of confidentiality) that may be imposed on persons to whom reports are sent.

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