Regulation 5 General transitional and saving provisions

An application that was made to the Ombudsman under section 340H(1) of the 2006 Act or under regulation 7(1) or 12(1) of the Armed Forces (Service Complaints) Regulations 2015^f1 before the commencement date is to be treated from the commencement date as if it had been made to the Commissioner.

Where the Ombudsman may begin, or has begun an investigation under section 340H(1) of the 2006 Act before the commencement date, the Commissioner may begin or continue that investigation.

Where the Ombudsman has carried out an investigation under section 340H(1)(a) or (b) of the 2006 Act in relation to a service complaint, the Commissioner may not investigate a subsequent application relating to the same complaint except in circumstances specified in regulations under section 340H(11) of the 2006 Act.

Where the Commissioner prepares an annual report under section 340O(1) for the calendar year 2026, section 340O(2)(b) applies as if the reference to the exercise by the Commissioner during that year of the Commissioner’s functions under Part 14A includes the exercise by the Ombudsman of the Ombudsman’s functions under Part 14A during that year before the commencement date.

Any act, omission or other thing (including legal proceedings) done or which, at the commencement date, is in the process of being done by or in relation to the Ombudsman in respect of, or in connection with, the exercise of its functions, is to be treated as an act, omission or thing done or in the process of being done, and may be continued, by or in relation to the Commissioner.

Any enactment, instrument or other document passed or made before the commencement date has effect, so far as is necessary for the purposes of or in consequence of these Regulations as if references to (and references which are to be read as references to) the Ombudsman were or included references to the Commissioner.

The property, rights and liabilities of the Ombudsman immediately before the commencement date transfer to the Commissioner.