65.—(1) This regulation applies to reviews under—
(a)regulation 18 (reviews relating to complaints dealt with other than by investigation);
(b)regulation 64 (reviews with respect to an investigation).
(2) Subject to paragraphs (3) and (4), an application for a review must be made within a period of 28 days starting with the day after the day on which the information mentioned in regulation 78(10)(c) was provided to the complainant.
(3) For the purposes of calculating the period mentioned in paragraph (2), the following is to be left out of account—
(a)any time elapsing between the application for a review being received by the Commissioner under regulation 64(3) and being forwarded to the relevant review body;
(b)any time elapsing between the application for a review being received by the Defence Council or a Board under regulation 64(4) and being forwarded to the Commissioner.
(4) The relevant review body may extend the period mentioned in paragraph (2) in any case where it is satisfied that, because of the special circumstances of the case, it is just to do so.
(5) Subject to paragraph (6), an application for a review must be made in writing and must state—
(a)details of the complaint;
(b)the date on which the complaint was made;
(c)the name of the appropriate authority whose decision is the subject of the application; and
(d)the date on which the information mentioned in regulation 78(10)(c) was provided to the complainant.
(6) Where the relevant review body receives an application for a review which fails to comply with one or more of the requirements mentioned in paragraph (5), it may decide to proceed as if those requirements had been complied with.
(7) Where the relevant review body receives an application for a review, subject to paragraph (8), it must request any information from any person which it considers necessary to dispose of the review.
(8) Paragraphs (2) to (4) of regulation 43 apply to a request for information under paragraph (7) as they apply to an information notice served under regulation 43.
(9) The relevant review body must comply with its duty under regulation 18(4) or 64(7) (duty to determine whether outcome of complaint is reasonable and proportionate) as soon as practicable.
Commencement Information
I1Reg. 65 in force at 19.6.2023, see reg. 1(1)