Citation, commencement and extent

1. —(1) These Regulations may be cited as the Armed Forces (Service Complaints Ombudsman Investigations) (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 Ombudsman Investigations) Regulations 2015

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

(2) In regulation 4 (time limits: applications to the Ombudsman)—

(a) for paragraph (1), for the words from “the day” to the end, substitute “the relevant date” ;

(b) after paragraph (1) insert—

“ (1A) For the purposes of paragraph (1) “the relevant date” is—

(a) where the complainant brings an appeal under regulation 10 of the Armed Forces (Service Complaints) Regulations 2015 ( 3 ) and the appeal has been determined, the date on which the complainant received notification of the determination of the appeal;

(b) where—

(i) the complainant brings an appeal under regulation 10 of the Armed Forces (Service Complaints) Regulations 2015,

(ii) the Defence Council decides that the appeal cannot be proceeded with because (and only because) it was not brought on a valid ground, and

(iii) the complainant does not apply for a review by the Ombudsman of that decision,

the date on which the complainant received notification from the Defence Council that the appeal cannot be proceeded with because it was not brought on a valid ground;

(c) where—

(i) the complainant brings an appeal under regulation 10 of the Armed Forces (Service Complaints) Regulations 2015,

(ii) the Defence Council decides that the appeal cannot be proceeded with because (and only because) it was not brought on a valid ground,

(iii) the complainant applies for a review by the Ombudsman of that decision, and

(iii) on such a review, the decision mentioned in paragraph (ii) is upheld by the Ombudsman,

the date on which the complainant received notification from the Ombudsman that the appeal cannot be proceeded with because it was not brought on a valid ground;

(d) where the complainant does not have grounds (of which the complainant is aware) on which they are entitled to bring an appeal against the decision, the date on which the complainant received notification of the decision on the service complaint. ” .