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The Armed Forces (Service Complaints Miscellaneous Provisions) (Amendment) Regulations 2026

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2026, ISBN 9780348284706

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 373(3) of the Armed Forces Act 2006, for approval by resolution of each House of Parliament.

DEFENCE

Made ***

Coming into force 3rd November 2026

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 340A (4), 340N (4) and 373 (5) of the Armed Forces Act 2006f1.

In accordance with section 373 (3) of the Armed Forces Act 2006, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2006 c. 52. Section 340A and section 340N were inserted by section 2(1) of the Armed Forces (Service Complaints and Financial Assistance) Act 2015 (c. 19). Section 340N was amended by section 5 and paragraphs 11 and 22 of Schedule 2 to the Armed Forces Commissioner Act 2025 (c. 23).

Contents

  1. 1Citation, commencement and extent
  2. 2Amendment of the Armed Forces (Service Complaints Miscellaneous Provisions) Regulations 2015
  3. 3Transitional provision
  4. Signature
  5. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Armed Forces (Service Complaints Miscellaneous Provisions) (Amendment) Regulations 2026.

(2)

These Regulations come into force on 3rd November 2026.

(3)

These Regulations extend to England and Wales, Scotland and Northern Ireland, the Isle of Man and the British Overseas Territories except Gibraltar.

2Amendment of the Armed Forces (Service Complaints Miscellaneous Provisions) Regulations 2015

(1)

The Armed Forces (Service Complaints Miscellaneous Provisions) Regulations 2015f1 (“the 2015 Regulations”) are amended as follows.

(2)

In regulation 2(1) (interpretation)—

(a)

omit the definition of “appropriate officer”;

(b)

insert in the appropriate place ““appropriate person” has the same meaning as in section 340N(2);”.

(3)

In regulation 3(2) (excluded complaints), after sub-paragraph (c) insert—

“(ca)

a decision under regulations made for the purposes of section 340D(2)(ca) (decision relating to whether an appeal has been brought on valid grounds);”.

(4)

In regulation 6 (notifications to the Commissioner)—

(a)

for “officer”, in both places it occurs, substitute “person”;

(b)

after “that a person” insert “(“P”)”;

(c)

for paragraphs (a) to (c) substitute—

“(a)

that they have informed P that the allegation has been referred;

(b)

that they have complied with section 340N(3)(b);

(c)

whether P wishes to make a service complaint in respect of the alleged wrong;”.

3Transitional provision

Where an allegation is referred to the appropriate officer under section 340N(1) of the Armed Forces Act 2006 before the day on which these Regulations come into force, it is to be treated, on and after that day, for the purposes of any requirement to notify the Commissioner which arises under regulation 6 of the 2015 Regulations in relation to the allegation—

(a)

on or after that day, or

(b)

before that day and which is not complied with before that day,

as if it was referred to the appropriate person under that section.

Signature

Name

Parliamentary Under-Secretary of State

Ministry of Defence

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Armed Forces (Service Complaints Miscellaneous Provisions) Regulations 2015 (S.I. 2015/2064) (“the 2015 Regulations”).

Regulation 2 amends regulations 2 and 6 of the 2015 Regulations to replace references to the “appropriate officer” with references to the “appropriate person”, and amends regulation 3 of the 2015 Regulations to include an additional matter about which a person may not make a service complaint. Regulation 2 also makes minor amendments to regulation 6 to modernise the drafting.

Regulation 3 makes transitional provision for service complaints submitted before the commencement date. Where an allegation was referred before that date to the appropriate officer, it is to be treated on and after commencement as having been referred to the appropriate person for the purposes of notification requirements arising on or after that date, and for any such requirements which arose before that date but had not been complied with.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.