# The Armed Forces Commissioner (Service Complaints Investigations) Regulations 2026, Note: Explanatory note

Extent: E+W+S+N.I.

(This note is not part of the Regulations)
The Armed Forces Commissioner Act 2025 (c. 23) (“AFCA 25”) amended the Armed Forces Act 2006 (c. 52) (“AFA 06”) to introduce a new office of Armed Forces Commissioner. The Armed Forces Commissioner will also exercise the functions of the Service Complaints Ombudsman and the AFCA 25 accordingly abolishes this office.
Under section 340A(1) and (2) of the Armed Forces Act 2006 (“the Act”) a person subject to service law, or who has ceased to be subject to service law, who thinks themselves wronged in any matter relating to their service, may make a service complaint about the matter. Under section 340H(1) of the Act the complainant may apply to the Armed Forces Commissioner (“the Commissioner”) to investigate their complaint or related maladministration.
These Regulations revoke and re-enact the Armed Forces (Service Complaints Ombudsman Investigations) Regulations 2015 (S.I. 2015/1956) and the Armed Forces (Service Complaints Ombudsman Investigations) (Amendment) Regulations 2022 (S.I. 2022/496) and make provision about the Commissioner service complaint investigations, including the procedure to be followed.
Regulation 3 specifies the information required in an application by a complainant to the Commissioner.
The period for a complainant to make an application to the Commissioner is specified in regulation 4, including the circumstances in which the Commissioner may accept an application after the end of the period.
Regulation 5 requires the Commissioner to decide whether to begin an investigation and to notify specified persons of their decision. Where the Commissioner decides to investigate further maladministration in accordance with section 340H(7) of the Act, they must provide written reasons for that decision to the complainant and the Defence Council.
If the complainant notifies the Commissioner of their wish to withdraw an application the Commissioner must send a copy of the notification to the Defence Council and decide, in the light of the notification, whether to begin, continue or discontinue the investigation (regulation 6).
Regulation 7 empowers the Commissioner to request information and documents for the purposes of an investigation and to continue with the investigation even if they are not provided as requested.
Regulation 8(1) requires the Commissioner to give specified persons an opportunity to comment on matters which are the subject of an investigation. Regulation 8 also provides for oral hearings, with where the Commissioner may permit representation, and for the payment of expenses and allowances.
The Commissioner may, under regulation 9(1), send a copy of a draft report to the complainant and to persons specified in regulation 8(1), and may refer in the final report to any comments received. Regulation 9(4) states the persons to whom the Commissioner must send a copy of the final report (in addition to the complainant and the Defence Council, who must receive a copy under section 340L(5) of the Act). Regulation 9 also empowers the Commissioner to impose duties of confidentiality on those provided with a copy of a draft, or the final, report.
Regulation 10 enables the Commissioner to investigate a subsequent application relating to a complaint, where that application relates to a reconsideration of the complaint following a decision by the Commissioner.
Regulations 11 and 12 make savings and transitional provisions and consequential amendments in connection with the transfer of functions from the Service Complaints Ombudsman to the Armed Forces Commissioner and the revocation of S.I. 2015/1956 and S.I. 2022/496.
Regulation 13 revokes S.I. 2015/1956 and S.I. 2022/496, which are replaced by these Regulations.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2026/24/note (the official version)
Page: https://openlegislation.uk/armed-forces-commissioner-service-complaints-investigations-regulations-2026/note/enacted
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.