Section 38(3)

Where the service complaint is dealt with by a person or panel appointed by the Defence Council by virtue of section 340C(1)(a) of the Armed Forces Act 2006, it is to be treated for the purposes of paragraph (2)(b) as withdrawn if— the period allowed in accordance with service complaints regulations for bringing an appeal against the person’s or panel’s decision expires, there are grounds (of which the complainant is aware) on which the complainant is entitled to bring such an appeal, and either— the complainant does not apply to the Armed Forces Commissioner for a review by virtue of section 340D(6)(a) of the Armed Forces Act 2006 (review of decision that appeal brought out of time cannot proceed), or the complainant does apply for such a review and the Commissioner decides that an appeal against the person’s or panel’s decision cannot be proceeded with.

← 2 · All articles · 4 →

Source: legislation.gov.uk · retrieved 2026-09-04