Regulation 12 Commissioner’s review of a decision not to proceed with an appealF2I1

After receiving an application by the complainant for a review of the Defence Council’s decision under regulation 11(2), the F1Commissioner must decide whether the appeal can be proceeded with and notify both the Council and the complainant in writing of his or her decision, giving reasons for the decision.

The Commissioner must not consider an application under paragraph (1) made after four weeks beginning with the day the complainant received notification of the decision under regulation 11(2), unless the Commissioner considers it is just and equitable to allow the complainant to apply after that period.

A decision by the Commissioner in relation to whether an appeal can be proceeded with is binding on the complainant and the Defence Council.