Office of Public Sector Information

Regulation 11(3)

SCHEDULE 2 Transitory Provisions

1.  In Schedule 1—

(a) the reference in its paragraph 1(h) to appeal under section 141 of the Act shall be construed as including a reference to appeal under section 83ZE of either of the 1955 Acts and to appeal under section 52FK of the 1957 Act;

(b) the reference in its paragraph 1(j) to a decision of a judge advocate under any provision in or made by virtue of the Act shall be construed as including a reference to a decision of a judicial officer or judge advocate under either of the 1955 Acts or under the 1957 Act;

(c) the reference in its paragraph 1(k) to a decision of the Director of Service Prosecutions, or of a prosecuting officer exercising a function of the Director of Service Prosecutions, under a provision in or made by virtue of the Act shall be construed as including a reference to a decision of the Naval Prosecuting Authority, the Army Prosecuting Authority or the Royal Air Force Prosecuting Authority or of any officer on behalf of any such authority under a provision in or made by virtue of either of the 1955 Acts or the 1957 Act;

(d) the reference in its paragraph 1(l) to a decision of the court administration officer made in exercise of a function of his under a provision in or made by virtue of the Act shall be construed as including a decision of a court administration officer made in exercise of a function of his under a provision in or made by virtue of either of the 1955 Acts or the 1957 Act;

(e) the reference in its paragraph 1(n) to a decision of a commanding officer under Chapter 1 or 2 of Part 5 of the Act shall be construed as including a reference to a decision of a commanding officer or of higher authority made under section 76 or 76A of either of the 1955 Acts or under section 52B or 52C of the 1957 Act;

(f) the reference in its paragraph 1(o)(i) to a decision under section 152 of the Act shall be construed as including a reference to a decision under section 115 of either of the 1955 Acts or under section 71B of the 1957 Act; and

(g) the reference in its paragraph 1(o)(v) to a decision under section 276 of the Act shall be construed as including a reference to a decision under section 10 of the Armed Forces Act 1991(9).

2.  In this Schedule—

“the 1955 Acts” means the Army Act 1955(10) and the Air Force Act 1955(11); and

“the 1957 Act” means the Naval Discipline Act 1957(12).

EXPLANATORY NOTE

(This note is not part of the Regulations)

Under section 334 of the Armed Forces Act 2006 (“the 2006 Act”) a person subject to service law, or who has ceased to be subject to service law, who thinks himself wronged in any matter relating to his service, may make a service complaint about the matter. Regulations 3 and 4 of, and Schedule 1 to, these Regulations prescribe the matters about which such a person may not make a service complaint.

The Act provides for service complaints to be referred in certain cases to a service complaint panel. Regulations 5 and 6 make further provision about the membership of the panel in particular cases.

Regulation 7 excludes members of the Defence Council or of any of the service Boards (which operate on behalf of the Defence Council) and service chaplains from membership of a service complaint panel. Regulation 8 makes further provision as to eligibility for membership and excludes from membership, among others, any person who has been involved in investigating or considering the service complaint.

Regulation 9 prescribes the service complaints for which a service complaint panel must include an independent member.

Regulation 10 requires service complaint panels with an independent member to have three members.

Regulation 11(1) and (2) make provision as to the application of these Regulations. Regulation 11(3) and Schedule 2 make transitory provision for references in the Regulations appropriate to the provisions of the 2006 Act to include references appropriate to provisions of certain other Acts relating to the Armed Forces. The 2006 Act provides so that the provisions of those other Acts may be repealed as the provisions of the 2006 Act are brought into effect.