Section 340C Decisions on service complaints

(1)

F1Service complaints regulations must provide for the Defence Council to decide, in the case of a service complaint that is found to be admissible, whether the complaint is to be dealt with—

(a)

by a person or panel of persons appointed by the Council, or

(b)

by the Council themselves.

(2)

The regulations must provide for the person or panel appointed to deal with the complaint or (in a subsection (1)(b) case) the Defence Council—

(a)

to decide whether the complaint is well-founded, and

(b)

if the decision is that the complaint is well-founded—

(i)

to decide what redress (if any), within the authority of (as the case may be) the person, the persons on the panel or the Defence Council would be appropriate, and

(ii)

to grant any such redress.

(3)

The Defence Council must not appoint a person or panel to deal with a service complaint unless—

(a)

the person is, or all the persons on the panel are, authorised by the Council to decide the matters mentioned in subsection (2) and to grant appropriate redress, or

(b)

the Council propose to authorise that person or those persons for those purposes.

(4)

Provision made by virtue of subsection (1) is subject to regulations made under section 340E(1) (eligibility for appointment, requirements relating to independent decision-making, etc).

Annotations

Textual amendments

F1: Pt. 14A inserted (1.1.2016) by Armed Forces (Service Complaints and Financial Assistance) Act 2015 (c. 19), ss. 2(1), 7(1); S.I. 2015/1957, reg. 2 (with savings and transitional provisions in S.I. 2015/1969)

Notes on the whole Act

Textual amendments

F1: Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)