Explanatory note

Under section 334 of the Armed Forces Act 2006 (“the 2006 Act”) a person subject to service law, or who has ceased to be subject to service law, who thinks himself wronged in any matter relating to his service, may make a service complaint about the matter. Regulations 3 and 4 of, and Schedule 1 to, these Regulations prescribe the matters about which such a person may not make a service complaint.

The Act provides for service complaints to be referred in certain cases to a service complaint panel. Regulations 5 and 6 make further provision about the membership of the panel in particular cases.

Regulation 7 excludes members of the Defence Council or of any of the service Boards (which operate on behalf of the Defence Council) and service chaplains from membership of a service complaint panel. Regulation 8 makes further provision as to eligibility for membership and excludes from membership, among others, any person who has been involved in investigating or considering the service complaint.

Regulation 9 prescribes the service complaints for which a service complaint panel must include an independent member.

Regulation 10 requires service complaint panels with an independent member to have three members.

Regulation 11(1) and (2) make provision as to the application of these Regulations. Regulation 11(3) and Schedule 2 make transitory provision for references in the Regulations appropriate to the provisions of the 2006 Act to include references appropriate to provisions of certain other Acts relating to the Armed Forces. The 2006 Act provides so that the provisions of those other Acts may be repealed as the provisions of the 2006 Act are brought into effect.