{
  "url": "https://openlegislation.uk/armed-forces-service-complaints-amendment-regulations-2022/note",
  "json_url": "https://openlegislation.uk/armed-forces-service-complaints-amendment-regulations-2022/note.json",
  "legislation": "uksi/2022/494",
  "legislation_title": "The Armed Forces (Service Complaints) (Amendment) Regulations 2022",
  "legislation_url": "https://openlegislation.uk/armed-forces-service-complaints-amendment-regulations-2022",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nUnder section 340A(1) and (2) of the Armed Forces Act 2006 (c. 52) (“the Act”), a person subject to service law, or who has ceased to be subject to service law, who thinks they have been wronged in any matter relating to their service, may make a service complaint about the matter.\nThese Regulations amend the Armed Forces (Service Complaints) Regulations 2015 (S.I. 2015/1955) (“the 2015 Regulations”), which make provision about the procedure for making and dealing with a service complaint and related appeals.\nRegulation 2(2) and (3) amend the definition of specified officer.\nRegulation 2(4) amends regulation 4 of the 2015 Regulations, which sets out the information which must be included in a statement of complaint. This must now include the name, where known, of any person who is alleged by the complainant to be the subject of, or implicated in, the complaint.\nRegulation 2(5) amends regulation 10 of the 2015 Regulations. The amendments made by this regulation set out the grounds on which an appeal against a decision on a service complaint by a panel or person appointed by the Defence Council can be brought, and make consequential amendments to the current procedure for making an appeal.\nRegulation 2(6) replaces regulation 11 of the 2015 Regulations with a new provision. It provides that an appeal may be proceeded with where it has been brought on a valid ground, and within the time limits specified in the regulation. This will now be two weeks beginning with the day on which the complainant received notification of the decision on the service complaint, unless the Defence Council considers that it is just and equitable to allow the appeal to be proceeded with after such period. The complainant has a right to apply to the Ombudsman for a review of the Defence Council’s decision that an appeal cannot be proceeded with.\nRegulation 3 contains a saving provision to ensure that the changes relating to appeals in regulation 2(5) and (6) will not apply to a service complaint where a decision under regulation 9(2)(a) or (b) of the 2015 Regulations was made on that complaint before 15th June 2022.\nA full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2022/494/note",
    "retrieved_at": "2026-10-28T22:00:38.964198+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}