Regulation 10 Appeal against decisions on a service complaintI1
United Kingdom
Where a decision under regulation 9(2)(a) or (b) is made by a person or panel of persons appointed under regulation 9(1)(a), the complainant may appeal to the Defence Council against that decision on one or more of the following grounds—
that there was a material procedural error;
that the decision was based on a material error as to the facts;
that there is new evidence, and it is likely that the decision would have been materially different if the new evidence had been made available to that person or panel.
For the purposes of paragraph (1)(c), “new evidence” is evidence which was not available, and could not with the exercise of reasonable diligence by the complainant have been made available, before the decision was made.
An appeal under paragraph (1) must be brought by the complainant in writing to the Defence Council.
The appeal must be dated and F3must set out the grounds on which the appeal against the decision is made.
If the complainant brings an appeal after the end of the period stated in regulation F411(1)(b) the appeal must state the reason why it was not brought within that period.
Annotations
Textual amendments
- F1
Reg. 10(1) substituted (15.6.2022) by The Armed Forces (Service Complaints) (Amendment) Regulations 2022 (S.I. 2022/494), regs. 1(1), 2(5)(a) (with reg. 3)
- F2
Reg. 10(1A) inserted (15.6.2022) by The Armed Forces (Service Complaints) (Amendment) Regulations 2022 (S.I. 2022/494), regs. 1(1), 2(5)(b) (with reg. 3)
- F3
Words in reg. 10(3) substituted (15.6.2022) by The Armed Forces (Service Complaints) (Amendment) Regulations 2022 (S.I. 2022/494), regs. 1(1), 2(5)(c) (with reg. 3)
- F4
Word in reg. 10(4) substituted (15.6.2022) by The Armed Forces (Service Complaints) (Amendment) Regulations 2022 (S.I. 2022/494), regs. 1(1), 2(5)(d) (with reg. 3)
Commencement
- I1
Reg. 10 in force at 1.1.2016, see reg. 1