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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Armed Forces (Service Complaints Commissioner) Regulations 2007 No. 3352 URL: http://www.bailii.org/uk/legis/num_reg/2007/20073352.html

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Prescribed behaviour
     2. —(1) For the purposes of section 338(1) of the Act, a person has been wronged in a prescribed way if he has been the subject of:

(a) discrimination;

(b) harassment;

(c) bullying;

(d) dishonest, improper or biased behaviour.

    (2) In this regulation "discrimination" means—

(a) discrimination or victimisation on the grounds of colour, race, ethnic or national origin, nationality, sex, gender re-assignment, status as a married person or civil partner, religion, belief or sexual orientation; and

(b) less favourable treatment as a part-time employee.

Notifications to the Service Complaints Commissioner
     3. Where, in accordance with section 338(2) of the Act, the Service Complaints Commissioner refers an allegation that a person has been wronged, the relevant officer shall within 21 days notify the Service Complaints Commissioner of the occurrence of any of the following events—

(a) that he has informed the person that the allegation has been referred;

(b) that the person has been made aware of the matters referred to in section 338(3)(b) of the Act;

(c) of the decision of the person whether he wishes to make a service complaint in respect of the alleged wrong;

(d) that a service complaint which the person wishes to make in respect of the alleged wrong may not be made because of the expiry of a period prescribed under section 334(5) of the Act[2], and that the person has been informed of this;

(e) that a service complaint which the person wishes to make in respect of the alleged wrong may not be made because it is about a matter of a description prescribed by regulations made under section 334(2) of the Act, and that the person has been informed of this;

(f) of the withdrawal of a service complaint made in respect of the alleged wrong;

(g) of a referral of a service complaint in respect of the alleged wrong to a superior officer or to the Defence Council pursuant to regulations made under section 334(4) of the Act;

(h) of a decision under section 334(7) of the Act whether the service complaint is well-founded; and

(i) of a decision under section 334(8) of the Act in relation to redress.

Derek Twigg
Parliamentary Under Secretary of State Ministry of Defence

27th November 2007

[2] The relevant time limits are prescribed in Defence Council Regulations which are not made by statutory instrument.back

 © Crown copyright 2007