The Armed Forces (Service Complaints and Financial Assistance) Act 2015 (Transitional and Savings Provisions) Regulations 2015 No. 1969

PART 2 Pre-commencement complaints: continuation of the old complaints provisions and application of the Ombudsman provisions

Pre-commencement complaints where there has been two decisions on the complaint

4.—(1) Sections 334 to 336A and 338, and provisions made under them, continue to have effect in relation to a pre-commencement complaint where before the commencement date—

(a) a prescribed officer has referred the complaint to a superior officer under old regulation 21(c) (referral following a first substantive decision by the prescribed officer); and

(b) the superior officer has notified the complainant of his or her decision under old regulation 24.

(2) Paragraph (1) does not apply to a finalised complaint.

(3) A complaint to which paragraph (1) applies is referred to in these Regulations as “a Part 2 complaint”.

(4) In its application to a communication purporting to relate to a Part 2 complaint, old regulation 19(b) (further communications amounting to a new complaint) applies as if—

(a) the reference to “these Regulations” were to the new regulations; and

(b) the reference to “a new service complaint” were to a service complaint within the meaning of section 340A.