Finalised complaints
3.—(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(a)withdrawn;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).