OpenLegislation

Regulation 9 Decisions on a service complaintI1

United Kingdom

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

(1)

After they receive a referral of a service complaint from the specified officer, the Defence Council must decide whether the complaint is to be dealt with—

(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 deal with the service complaint or (in a paragraph (1)(b) case) the Defence Council must—

(a)

decide whether the complaint is well-founded; and

(b)

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

(i)

decide 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 deal with the service complaint or (in a paragraph (1)(b) case) the Defence Council must notify the complainant in writing of a decision made under paragraph (2)(a) or (b), giving reasons for the decision.

(4)

If a decision under paragraph (2)(a) or (b) is made by a person or panel of persons appointed under paragraph (1)(a), that person or panel of persons must inform the complainant of the right of appeal under regulation 10(1).

(5)

If a decision under paragraph (2)(a) or (b) is made by the Defence Council, they must inform the complainant of the right to apply to the F1Commissioner to conduct an investigation in relation to the service complaint under section 340H(1).

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. 9 in force at 1.1.2016, see reg. 1