A reference in these Regulations to a section is, unless stated otherwise, to that section of the Armed Forces Act 20062.

A reference in these Regulations to any of the old complaints provisions3 is, unless the context requires otherwise, to that provision as it had effect immediately before the commencement date.

In these Regulations—

• “appropriate officer” has the same meaning as in section 340N(2);

• “commencement date” means 1st January 2016;

• “complainant” means a person who has made a pre-commencement complaint4;

• “finalised complaint” has the meaning given in regulation 3 of these Regulations;

• “first substantive decision” means a decision, under section 334(7) and (8), as to whether a pre-commencement complaint is well-founded and, if so, the appropriate redress, made by—

  1. a

     a prescribed officer; or

  2. b

     a superior officer to whom the decision was referred under old regulation 12(b) or (d);

• “initial decision on subject matter” means a decision by a prescribed officer under old regulation 10(a) as to whether regulations made under section 334(2) (certain matters may not be the subject of a service complaint) apply to any or all of the matters in a statement of complaint delivered under old regulation 6;

• “initial decision on timeliness” means a decision by a prescribed officer under old regulation 11(a) as to—

  1. a

     whether the complainant has delivered his or her statement of complaint within the period provided for in old regulations 15 to 17; and

  2. b

     if the statement of complaint was not delivered within that period, whether the service complaint may be made by virtue of old regulation 18 (a service complaint may be made after the end of the period if it is just and equitable to do so);

• “new regulations” means the Armed Forces (Service Complaints) Regulations 20155 and “new” immediately before “regulation” indicates that the regulation in question is part of those Regulations;

• “old regulations” means the Armed Forces Redress of Individual Grievances (Procedures and Time Limits) Regulations 20076 and “old” immediately before “regulation” indicates that the regulation in question is part of those Regulations;

• “Part 2 complaint” has the meaning given in regulation 4(3) of these Regulations;

• “Part 3 complaint” has the meaning given in regulation 6(2) of these Regulations;

• “prescribed officer” has the same meaning as in old regulation 2(a);

• “relevant officer” has the same meaning as in section 338(5);

• “section 337 complainant” means a complainant who—

  1. a

     is an officer at the time of the making of the complaint; or

  2. b

     was an officer at the time the matter complained of occurred;

• “service complaint” means a complaint made under section 334(1) or section 340A(1) or (2);

• “service complaint panel” has the same meaning as in section 335(1);

• “the Service Complaints Commissioner” (or “the Commissioner”) means a person appointed under section 366(2);

• “the Service Complaints Ombudsman” (or “the Ombudsman”) means a person appointed under section 365B(2);

• “specified officer” has the same meaning as in new regulation 2(1);

• “statement of complaint” means a statement of complaint delivered under old regulation 6 or made under new regulation 4;

• “superior officer” has the same meaning as in old regulation 2(b).

For the purposes of these Regulations, a pre-commencement complaint has been refused at an initial stage if either decision 1 or decision 2, as described in paragraphs (5) and (6) respectively, has been made.

Decision 1 is an initial decision on subject matter that some or all of the matters in a statement of complaint are matters about which a service complaint may not be made where the refusal (and consequently a reference in these Regulations to the complaint having been refused) refers only to those matters about which a service complaint may not be made.