Citation, commencement and extent

1. —(1) These Regulations may be cited as the Armed Forces (Service Complaints) (Amendment) Regulations 2022 and come into force on 15th June 2022.

(2) These Regulations extend to the United Kingdom, the Isle of Man and the British Overseas Territories except Gibraltar.

Amendment of the Armed Forces (Service Complaints) Regulations 2015

2. —(1)The Armed Forces (Service Complaints) Regulations 2015( 2 ) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “specified officer”, for “determined” substitute “appointed” .

(3) For regulation 3 (specified officer) substitute—

“ 3. —(1) Subject to paragraph (2), a specified officer is an officer appointed by the Defence Council, or by a person authorised by the Defence Council, for the purposes of deciding whether any service complaint is admissible.

(2) If in relation to a service complaint the officer who would be the specified officer in accordance with paragraph (1) is also the subject of the service complaint, or is alleged in the statement of complaint to be implicated in any way in the matter or matters complained of, the specified officer is an officer appointed by the Defence Council or by a person authorised by the Defence Council who is not so subject or alleged to be implicated. ” .

(4) In regulation 4(2) (procedure for making a service complaint), for sub-paragraph (b) substitute—

“ (b) the name, where known, of any person who is alleged by the complainant to be the subject of the complaint or implicated in any way in the matter, or matters, complained about; ” .

(5) In regulation 10 (appeals against decisions on a service complaint)—

(a) for paragraph (1) substitute—

“ (1) Where a decision under regulation 9(2)(a) or (b) is made by a person or panel of persons appointed under regulation 9(1)(a), the complainant may appeal to the Defence Council against that decision on one or more of the following grounds—

(a) that there was a material procedural error;

(b) that the decision was based on a material error as to the facts;

(c) that there is new evidence, and it is likely that the decision would have been materially different if the new evidence had been made available to that person or panel. ” ;

(b) after paragraph (1) insert—

“ (1A) For the purposes of paragraph (1)(c), “new evidence” is evidence which was not available, and could not with the exercise of reasonable diligence by the complainant have been made available, before the decision was made. ” ;

(c) in paragraph (3), for the words from “state” to the end substitute “must set out the grounds on which the appeal against the decision is made.” ;

(d) in paragraph (4), for “11(1)” substitute “11(1)(b)” .

(6) For regulation 11 (and the heading to that regulation) substitute—

“ Further provision about bringing an appeal

11. —(1) An appeal under regulation 10(1) against a decision under regulation 9(2)(a) or (b) may be proceeded with if—

(a) the Defence Council decides the appeal is brought on at least one valid ground under regulation 10(1); and

(b) the appeal is brought—

(i) within two weeks beginning with the day on which the complainant received notification under regulation 9(3) of the decision on the service complaint; or

(ii) after the end of the period stated in paragraph (i) but the Defence Council consider it is just and equitable to allow the appeal to be proceeded with.

(2) If the Defence Council decides that an appeal cannot be proceeded with, they must notify the complainant in writing, giving reasons for that decision and informing the complainant of the right to apply for a review of that decision by the Ombudsman. ” .

Saving Provision

3. The amendments made by regulation 2(5) and (6) of these Regulations do not have any effect in relation to a service complaint where a decision on the complaint under regulation 9(2)(a) or (b) of the Armed Forces (Service Complaints) Regulations 2015 was made before 15th June 2022.