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Regulation 5 Action on receipt of a service complaint and admissibilityI1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

After receipt of a statement of complaint, the specified officer must decide whether the complaint is admissible in accordance with section 340B(5).

(2)

For the purposes of section 340B(5)(c), a service complaint is not admissible if—

(a)

the complaint does not meet the requirements of whichever of section 340A(1) and (2) applies to the complainant; or

(b)

the complaint is substantially the same as a complaint brought by the same person which has either been decided previously under the service complaints process or is currently being considered under the service complaints process.

(3)

If the specified officer decides that any part or all of the service complaint is admissible, he must notify the complainant in writing of the decision and refer that part or all of the service complaint to the Defence Council.

(4)

If the specified officer decides that any part or all of the service complaint is not admissible, he must notify the complainant in writing of the decision, giving the reasons for the decision and informing the complainant of his or her right to apply for a review of the decision by the F1Commissioner.

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. 5 in force at 1.1.2016, see reg. 1