Regulation 13 Determination of appealsI1

United Kingdom

(1)

Where the Defence Council decide, or following a review the F1Commissioner decides, that the appeal can be proceeded with, the Defence Council must decide whether the appeal is to be determined—

(a)

by a person or panel of persons appointed by the Council; or

(b)

by the Council themselves.

(2)

The person or panel of persons appointed to consider the appeal or (in a paragraph (1)(b) case) the Defence Council must—

(a)

determine whether the complaint is well-founded; and

(b)

if the determination is that the complaint is well-founded—

(i)

determine what redress (if any), within the authority of the person or persons on the panel, or (in a paragraph (1)(b) case) the Defence Council, would be appropriate; and

(ii)

grant any such redress.

(3)

The person or panel of persons appointed to consider the appeal or, as the case may be, the Defence Council, must notify the complainant in writing of a determination under paragraph (2)(a) or (b), giving reasons for the determination and informing the complainant of the complainant’s right to apply to the Commissioner to conduct an investigation under section 340H(1) in relation to the service complaint.

Annotations

Textual amendments

F1: Word in Regulations substituted (1.4.2026) by The Armed Forces (Service Complaints) (Amendment) Regulations 2026 (S.I. 2026/21), regs. 1(2), 2(3)

Commencement

I1: Reg. 13 in force at 1.1.2016, see reg. 1