The Armed Forces (Service Complaints and Financial Assistance) Act 2015 (Transitional and Savings Provisions) Regulations 2015

Reference of grievances to Her Majesty in relation to complaints by officers

14.—(1) This regulation applies in relation to a—

(a) a Part 2 complaint made by a section 337 complainant;

(b) a Part 3 complaint made by a section 337 complainant; or

(c) a finalised complaint to which regulation 13 of these Regulations applies.

(2) Section 337 continues to have effect and a reference to a service complaint in section 337 is to the pre-commencement complaint in question.

(3) If a complainant has made an application to the Defence Council under section 337(4), he or she must not make an application to the Service Complaints Ombudsman for there to be an investigation under section 340H(1) in relation to the same complaint.

(4) If a complainant has made an application to the Ombudsman for there to be an investigation under section 340H(1)(a) or (b), he or she must not make an application to the Defence Council under section 337(4) in relation to the same complaint.

(5) In its application to a Part 3 complaint, section 337(3) applies as if there were substituted—

“(3) Condition B is that the service complaint has been finally determined (within the meaning of section 340H(5)).”