Part 3 complaint where a first substantive decision has been notified and an application for referral has been made
11.—(1) Paragraphs (4) and (5) apply in relation to a Part 3 complaint if, immediately before the commencement date, condition A or B is satisfied.
(2) Condition A is that—
(a)the prescribed officer has made a first substantive decision;
(b)he or she has notified the complainant of that decision;
(c)the complainant has applied under old regulation 21(a) for the complaint to be referred to a superior authority; and
(d)the prescribed officer has not decided whether to make the referral.
(3) Condition B is that—
(a)the superior officer has made a first substantive decision;
(b)he or she has notified the complainant of that decision;
(c)the complainant has applied under old regulation 25(a) for the complaint to be referred to the Defence Council; and
(d)the superior officer has not decided whether to make the referral.
(4) The decision of the prescribed or superior officer mentioned at paragraph (2)(a) or (3)(a) is to be treated as if it were a decision of a person or panel of persons under new regulation 9(2), notified to the complainant under new regulation 9(3).
(5) The application made by the complainant under old regulation 21(a) or 25(a) is to be treated as if it were an appeal under new regulation 10(1) against the decision under new regulation 9(2), in relation to which the Defence Council must decide, under new regulation 11, whether the appeal can be proceeded with.