PART 1Preliminary matters

Finalised complaints3

1

A pre-commencement complaint is finalised if, before the commencement date, it has been—

a

withdrawn;

b

subject to paragraph (2), refused at an initial stage;

c

subject to paragraph (3), refused at a referral stage; or

d

the subject of a decision of the Defence Council (or a service complaint panel to which the Defence Council delegated the making of the decision) under section 334(7) and (8) as to—

i

whether the complaint is well-founded; and

ii

if so, the appropriate redress,

which has been notified to the complainant.

2

Paragraph (1)(b) does not apply to a complaint where the complainant was notified of the refusal after 1st October 2015.

3

Paragraph (1)(c) does not apply to a complaint where the complainant was notified of the refusal after 3rd December 2015.

4

For the purposes of this regulation, a pre-commencement complaint has been refused at a referral stage if either of the following decisions has been made—

a

a decision by the prescribed officer not to refer the complaint to a superior officer or the Defence Council under old regulation 21(c); or

b

a decision by the superior officer not to refer the complaint to the Defence Council under old regulation 25(c).