(1)If a person subject to this Act thinks himself wronged in any matter relating to his service he may make a complaint with respect to that matter to such officer as may be prescribed.
[F2(2)A person (“the person aggrieved”) may not make a complaint under this section with respect to—
(a)any decision of a judicial officer or judge advocate under section 47D, 47G, 47H, 47J, 47K and 47L of this Act,
(b)any decision of a judicial officer under Part 2 of the Armed Forces Act 2001,
(c)any matter against which the person aggrieved may present a petition under section 70 of this Act, or
(d)any matter against which he may bring an appeal under section 52FK of this Act or under the Courts-Martial (Appeals) Act 1968.]
(3)The procedure for making and dealing with a complaint under this section shall be laid down in Queen’s Regulations, which may, in particular, provide—
(a)for a complaint not to be made after the end of such period as may be prescribed;
(b)for any such period to be extended, in the case of a complaint made after the end of the period, in such circumstances as may be prescribed;
(c)for a complaint to be referred, for its first consideration, by the officer to whom it was made to a superior officer; and
(d)if the complainant does not obtain the redress to which he thinks he is entitled (whether from the officer who first considered the complaint or from a superior officer by virtue of provision made as mentioned in this paragraph), for the complaint to be referred to, and considered by, a superior officer.
(4)Any period prescribed for the purposes mentioned in subsection (3)(a) above shall not be less than three months beginning with the day on which the matter complained of occurred.
(5)An officer to whom a complaint is made or referred under provision made by virtue of subsection (3) above shall grant any redress which appears to him necessary.
(6)If the complainant does not obtain the redress to which he thinks he is entitled by the procedure referred to in subsection (3) above, he may submit his complaint to the Defence Council in accordance with the procedure laid down in Queen’s Regulations.
(7)The Defence Council shall have any complaint submitted to them investigated and shall grant any redress which appears to them necessary.
(8)Where a complaint by an officer has been submitted to the Defence Council and he does not obtain the redress to which he thinks he is entitled, the Defence Council shall, at his request, make a report on the complaint through the Secretary of State to Her Majesty in order to receive the directions of Her Majesty thereon.
(9)This section applies to a person who is not subject to this Act, in relation to any matter which took place while he was so subject, as it applies to a person who is subject to this Act.
(10)In this section “prescribed” means prescribed by Queen’s Regulations.]
Textual Amendments
F1S. 130 substituted (1.10.1997) by 1996 c. 46, ss. 20(3); S.I. 1997/2164, art. 2
F2S. 130(2) substituted (30.9.2003) by 2001 c. 19, ss. 34, 39(2), Sch. 6 Pt. 6 para. 42; S.I. 2003/2268, art. 2
Modifications etc. (not altering text)
C1S. 130: power to modify conferred (23.7.1996) by S.I. 1996/1919, art. 237
Textual Amendments applied to the whole legislation
F3Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions