The Equal Pay (Complaints to Industrial Tribunals) (Armed Forces) Regulations 1997

• Citation: S.I. 1997/2162
• Sections: 2

Section 1

These Regulations may be cited as the Equal Pay (Complaints to Industrial Tribunals) (Armed Forces) Regulations 1997 and shall come into force on 1st October 1997.

Section 2

(1) A person may present a complaint to an industrial tribunal under section 7A of the Equal Pay Act 1970, notwithstanding that subsection (5) of that section would otherwise preclude the presentation of such a complaint, in any case to which paragraph (2) or (4) below applies.

(2) This paragraph applies where—

(a) the person has made a complaint in respect of the same matter to an officer under the service redress procedures; and

(b) that complaint has not been withdrawn.

(3) For the purposes of paragraph (2)(b) above, a person shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures, he fails to submit that complaint to the Defence Council under those procedures.

(4) This paragraph applies where the complaint concerns a claim in respect of the contravention of a term of service relating to membership of, or rights under, any relevant scheme.

(5) In this regulation—

“occupational pension scheme” has the same meaning as in section 1 of the Pensions Schemes Act 1993 ; and

“relevant scheme” means—

any occupational pension scheme made under section 3 of the Naval and Marine Pay and Pensions Act 1865 ;

the Army Pensions Warrant 1977; or

any occupational pension scheme made under section 2 of the Air Force (Constitution) Act 1917 .