SCHEDULE [Updating of content and references required]
Regulation 3
1. Subject to paragraph
2, a matter is within this Schedule if it—
(a) is or was capable of being the subject of
a complaint under the internal disputes resolution procedures
established for the armed forces in accordance with section 50
of the Pensions Act 1995([7]);
(b) is or was capable of being the subject of
an appeal to the Discretionary Awards Panel;
(c) is or was capable of being the subject of an
appeal to the Discretionary Awards Appeals Panel;
(d) is or was capable of being the subject of
a review under rule D8 of the scheme set out in the Armed Forces
Pension Scheme Order 2005([8])
(e) is or was capable of being the subject of
an appeal to a service appeals panel under paragraph 59 of the
Criminal Injuries Compensation (Overseas) Scheme([9]);
(f) is about any decision made under the scheme
set out in the Armed Forces and Reserve Forces (Compensation scheme)
Order 2005([10]);
(g) is about any decision made under the scheme
set out in the Naval, Military and Air Forces Etc (Disablement
and Death) Service Pensions Order 2006([11]);
(h) is or was capable of being the subject of
an appeal under section 141 of the Act:
(i) is or was capable of being subject of an
appeal under the Courts-Martial (Appeals) Act 1968([12]);
(j) is a decision of a judge advocate under any
provision in or made by virtue of the Act;
(k) is a decision of the Director of Service
Prosecutions, or of a prosecuting officer exercising a function
of the Director of Service Prosecutions, under any provision in
or made by virtue of the Act;
(l) is 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;
(m) is a decision of a service policeman under
any provision in or made by virtue of Chapter 1 of Part 5 of the
Act;
(n) is a decision of a commanding officer under
Chapter 1 or 2 of Part 5 of the Act;
(o) is a decision under—
(i) section 152 of the Act (review of summary
findings and punishments);
(ii) section 177 of the Act (review of service
compensation orders);
(iii) section 251(3) or (4) of the Act (time
for payment of, or directing payment by instalments of, a fine
or service compensation order);
(iv) section 267 of the Act (power of court to
remit fine); or
(v) section 276 of the Act (compensation for
miscarriages of justice);
(p) is or was capable of being the subject of
an appeal to a reserve forces appeal tribunal under section 81(4),
83(4) or 84(3) of the Reserve Forces Act 1996([13]);
(q) is a decision of the Security Vetting Appeals
Panel in relation to the complainant;
(r) is or was capable of being the subject of
an appeal by the complainant to the Security Vetting Appeals Panel;
or
(s) is an allegation of negligence in the
provision by the Ministry of Defence of medical, dental or nursing
care.
2. Nothing in paragraph
1 shall prevent a person making a service complaint about any
thing referred to in regulation 5(2) which he or she alleges has
occurred in connection with a matter specified in paragraph 1.
( 7 ) 1995 c. 26 Back
( 8 )
S. I. 2005/438, amended by S.I. 2007/717. Back
( 9 )
The Criminal Injuries Compensation (Overseas) Scheme is a non-statutory,
Ministry of Defence scheme under which lump
sum payments may be made to members
of the armed forces and their eligible dependants who in certain
circumstances are
killed or injured overseas as
a result of a crime of violence. Back
( 10 )
S.I. 2005/439, amended by S.I. 2006/1438. Back
( 11 )
S.I. 2006/606, to which there are amendments not relevant to
these regulations. Back
( 12 )
1968 c. 20. Back
( 13 )
1996 c. 14. Back
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