Regulation 3 Finalised complaintsI1

United Kingdom

(1)

A pre-commencement complaint is finalised if, before the commencement date, it has been—

(a)

withdrawn;

(b)

subject to paragraph (2), refused at an initial stage;

(c)

subject to paragraph (3), refused at a referral stage; or

(d)

the subject of a decision of the Defence Council (or a service complaint panel to which the Defence Council delegated the making of the decision) under section 334(7) and (8) as to—

(i)

whether the complaint is well-founded; and

(ii)

if so, the appropriate redress,

which has been notified to the complainant.

(2)

Paragraph (1)(b) does not apply to a complaint where the complainant was notified of the refusal after 1st October 2015.

(3)

Paragraph (1)(c) does not apply to a complaint where the complainant was notified of the refusal after 3rd December 2015.

(4)

For the purposes of this regulation, a pre-commencement complaint has been refused at a referral stage if either of the following decisions has been made—

(a)

a decision by the prescribed officer not to refer the complaint to a superior officer or the Defence Council under old regulation 21(c); or

(b)

a decision by the superior officer not to refer the complaint to the Defence Council under old regulation 25(c).

Annotations

Commencement

I1: Reg. 3 in force at 1.1.2016, see reg. 1