Explanatory note

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 himself or herself wronged in any matter relating to his or her service, may make a service complaint about the matter.

These Regulations make provision about the procedure for making and dealing with a service complaint.

Under regulation 4 service complaints are to be made by making a statement of complaint to the specified officer. The specified officer is defined in regulation 3 and will usually be the complainant’s commanding officer.

Under regulation 5 the specified officer has to decide whether a complaint is admissible. Regulation 5(2) specifies grounds on which a service complaint is not admissible in addition to the grounds of inadmissibility under section 340B(5) of the Act.

Regulation 6 specifies the period for making a service complaint, and also provides for the circumstances in which a person may make a complaint after the end of that period. Under regulation 6(7) the specified officer may stay consideration of a complaint where the complainant is expected to comply beforehand with another formal system for considering the matter in question.

Regulations 7 and 12 provide respectively for the Service Complaints Ombudsman to review a specified officer’s decision that a complaint is not admissible and a Defence Council decision that an appeal may not be proceeded with. Regulation 7(2) and 12(2) specify the periods for applying for such a review and the circumstances in which an application may be considered after such a period.

Where a complainant raises a new matter of complaint after the specified officer has decided on admissibility, regulation 8 provides that the new matter must be made and dealt with as a fresh service complaint.

Under regulation 9 the Defence Council has to decide whether a complaint is to be decided by a person, a panel of persons or by the Defence Council themselves.

Regulation 10 provides for appeals by the complainant to the Defence Council against a decision made under regulation 9(2).

Regulation 11 provides for time-limits for appeals under regulation 10(1).

Regulation 13 requires the Defence Council to decide whether an appeal under regulation 10(1) is to be decided by a person, a panel or persons or by the Defence Council themselves. It also imposes requirements to give notice of the determination of the appeal.

Regulation 14 empowers those deciding a complaint or an appeal to request persons to provide information or documents and to continue with their decision if the information or documents are not provided within such time-limits as they consider reasonable. Under regulation 14(4) a person who is the subject of a complaint or who is likely to be criticised in a decision or appeal determination must be given an opportunity to comment.

Where a decision on a complaint is reconsidered following a decision by the Ombudsman, regulation 15 imposes a duty to notify certain persons, including the complainant, of the result of that reconsideration.

Regulation 16 provides for the delegations which the Defence Council may make to any person in respect of its functions under Part 14A of the Act.