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Armed Forces Act 1996 (c. 46)

(The document as of February, 2008)

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Armed Forces Act 1996

1996 CHAPTER 46

ARRANGEMENT OF SECTIONS

Content
  1. Continuance of Services Acts

    1. 1. Continuance of Services Acts.

  2. Terms and conditions of service

    1. 2. Enlistment or entry for local service.

    2. 3. Discharge certificates.

    3. 4. Mode of making regulations relating to enlistment etc.

  3. Trial and punishment of offences under Services Acts

    1. 5. Procedure for dealing with offences under Services Acts.

    2. 6. Abrogation of common law corroboration rules.

    3. 7. Evidence from children.

    4. 8. Findings of unfitness to stand trial and insanity.

    5. 9. Postponement of sentences of courts-martial.

    6. 10. Community supervision orders.

  4. Fingerprints and samples

    1. 11. Fingerprinting of certain offenders.

    2. 12. Taking of samples from certain offenders.

  5. Rehabilitation of service offenders

    1. 13. Application of Rehabilitation of Offenders Act 1974.

    2. 14. Application of Rehabilitation of Offenders (Northern Ireland) Order 1978.

  6. Review and appeal

    1. 15. Abolition of confirmation.

    2. 16. Review of findings and sentences.

    3. 17. Appeals against sentence.

    4. 18. Powers exercisable by registrar.

    5. 19. Appeals on behalf of deceased persons.

  7. Redress of complaints

    1. 20. Services redress of complaints procedures.

  8. Complaints to industrial tribunals

    1. 21. Sex discrimination: Great Britain.

    2. 22. Sex discrimination: Northern Ireland.

    3. 23. Racial discrimination.

    4. 24. Equal treatment: Great Britain.

    5. 25. Equal treatment: Northern Ireland.

    6. 26. Other complaints: Great Britain.

    7. 27. Other complaints: Northern Ireland.

  9. Miscellaneous

    1. 28. Exemptions from Firearms Act 1968.

    2. 29. Exemptions from Firearms (Northern Ireland) Order 1981.

    3. 30. Greenwich Hospital.

    4. 31. Grants for preservation of Royal Naval College site.

    5. Part I

      Summary disposal of offences.

    6. Part II

      The prosecuting authority.

    7. Part III

      Trial of offences by court-martial.

    8. Part IV

      Minor and consequential amendments.

  10. Schedule 2

    Findings of unfitness to stand trial and insanity.

  11. Schedule 3

    Community supervision orders.

  12. Schedule 4

    Schedule to be inserted in the Rehabilitation of Offenders Act 1974.

  13. Schedule 5

    Review of findings and sentence.

  14. Schedule 6

    Minor and consequential amendments.

  15. Schedule 7

    Repeals.

    1. Part I

      Repeals relating to changes to procedure for dealing with offences under Services Acts.

    2. Part II

      Repeals relating to abolition of confirmation.

    3. Part III

      Other repeals.

An Act to continue the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957; to amend those Acts and other enactments relating to the armed forces; to make further provision in relation to proceedings before service courts; to provide for the taking of fingerprints and samples from offenders convicted in service proceedings; to amend the Courts-Martial (Appeals) Act 1968; to make further provision in relation to complaints to industrial tribunals by members of the armed forces; to provide for further exemptions from the Firearms Act 1968; to make further provision in relation to Greenwich Hospital; to amend the Visiting Forces Act 1952; and for connected purposes.

[24th July 1996]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Continuance of Services Acts

1 Continuance of Services Acts

(1) The 1955 Acts and the 1957 Act shall (instead of expiring on 31st August 1996) expire on 31st August 1997 unless continued in force in accordance with this section.

(2) Subject to subsection (3) below, Her Majesty may from time to time by Order in Council provide for the 1955 Acts and the 1957 Act to continue in force for a period not exceeding 12 months beyond the day on which they would otherwise expire.

(3) The 1955 Acts and the 1957 Act may not be continued under subsection (2) above beyond the end of the year 2001.

(4) No recommendation shall be made to Her Majesty in Council to make an Order under subsection (2) above unless a draft of the Order has been laid before and approved by a resolution of each House of Parliament.



Terms and conditions of service

2 Enlistment or entry for local service

(1) In section 2(1) of the [1966 c. 45.] Armed Forces Act 1966 (regulations as to engagement of persons in the regular services), after paragraph (i) there shall be inserted the following paragraphs--

" (j) enabling a person to restrict his service to service in a particular area;

(k) requiring a person who has restricted his service to service in a particular area to serve outside that area for a number of days in any year not exceeding the maximum number provided for by the regulations. "

(2) In section 2(1A) of that Act, after the words "Northern Ireland" there shall be inserted the words "by virtue of regulations made under subsection (1)(i) above".

3 Discharge certificates

(1) In section 11(4) of the 1955 Acts and paragraph 5(7) of Schedule 7 to the [1955 c. 18.] Army Act 1955 (certificates of discharge), for the words from "such particulars" to the end there shall be substituted the words " the following particulars, namely--

(a) his name, rank and service number;

(b) his reserve liability (if applicable); and

(c) the reason for his discharge and the date of discharge,

together with any other particulars which are required to be included in the certificate by directions of the Defence Council or an officer authorised by them. "

(2) In section 6(3) of the Armed Forces Act 1966 (certificates of discharge) for the words from "such particulars" to the end there shall be substituted the words " the following particulars, namely--

(a) his name, rating and service number;

(b) his reserve liability (if applicable); and

(c) the reason for his discharge and the date of discharge,

together with any other particulars which are required to be included in the certificate by directions of the Defence Council or an officer authorised by them. "

4 Mode of making regulations relating to enlistment etc

(1) In section 22 of the 1955 Acts (regulations as to enlistment), the existing provision shall be numbered subsection (1) and after that subsection there shall be inserted the following subsection--

" (2) Any power conferred by this Part of this Act to make regulations (including the power under paragraph 5 of Schedule 1 to this Act) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

(2) In Part I of Schedule 7 to the Army Act 1955 (application of Part I to marines), after paragraph 10 there shall be inserted the following paragraph--

" 10A Subsection (2) of section 22 applies to the powers to make regulations conferred by this Part of this Schedule as it applies to other powers under Part I of this Act. "

(3) In section 14 of the [1966 c. 45.] Armed Forces Act 1966 (interpretation of Part II), after subsection (2) there shall be added the following subsection--

" (3) Any power to make regulations conferred on the Defence Council by any provision of this Part of this Act shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

(4) This section does not affect the validity of any regulations made under the 1955 Acts or the Armed Forces Act 1966 which are in force immediately before the commencement of this section.



Trial and punishment of offences under Services Acts

5 Procedure for dealing with offences under Services Acts

Schedule 1 (amendment of provisions relating to the procedure for dealing with offences under the 1955 Acts and the 1957 Act) shall have effect.

6 Abrogation of common law corroboration rules

(1) For the avoidance of doubt section 32 of the [1994 c. 33.] Criminal Justice and Public Order Act 1994 (abolition of corroboration rules) and section 34(2) of the [1988 c. 33.] Criminal Justice Act 1988 (abrogation of requirements for corroboration warning) apply to any service disciplinary proceedings in which the rules abrogated by those sections would have been applied.

(2) Nothing in this section shall be taken as affecting the determination of any question as to the law applicable to service disciplinary proceedings before the commencement of this section.

(3) In this section "service disciplinary proceedings" means proceedings for any offence taking place under the 1955 Acts or the 1957 Act and proceedings on appeal to the Courts-Martial Appeal Court.

7 Evidence from children

In Schedule 13 to the Criminal Justice Act 1988 (application of provisions of that Act to courts-martial etc.), after paragraph 8 there shall be added the following paragraphs--



" Video recordings of evidence

Postponement of sentences of courts-martial

9 (1) The Secretary of State may by order direct that section 32A above shall have effect in relation--

(a) to proceedings before Service courts; or

(b) to proceedings, or proceedings of specified descriptions, before Service courts in specified places,

subject to such modifications as may be specified in the order.

(2) The power to make an order conferred by this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient for the purposes of section 32A above in their application to proceedings such as are mentioned in sub-paragraph (1) above by virtue of an order under that sub-paragraph.

(4) In this paragraph "modifications" includes additions, omissions and amendments.



Cross-examination of children

Community supervision orders

10 (1) The Secretary of State may by order direct that section 34A above shall have effect in relation--

(a) to proceedings before Service courts; or

(b) to proceedings or proceedings of specified descriptions before Service courts in specified places,

subject to such modifications as may be specified in the order.

(2) The power to make an order conferred by this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) In this paragraph "modifications" includes additions, omissions and amendments. "

8 Findings of unfitness to stand trial and insanity

Schedule 2 (amendments of the 1955 Acts, the 1957 Act and the [1968 c. 20.] Courts-Martial (Appeals) Act 1968 relating to findings of unfitness to stand trial and insanity) shall have effect.

9 Postponement of sentences of courts-martial

(1) After section 120 of the [1955 c. 18.] Army Act 1955 there shall be inserted the following section--

" 120A Postponement of sentences

(1) On passing any sentence a court-martial may order that the sentence shall not have effect until the end of the period specified in the order.

(2) On reviewing a sentence under section 113 of this Act, the reviewing authority may--

(a) if the sentence has not had effect, order that the sentence shall not have effect until the end of the period specified in the order;

(b) if the sentence has had effect, order that the sentence shall cease to have effect on the making of the order until the end of the period specified in the order.

(3) On exercising any power under section 113AA of this Act to pass or substitute a sentence, the reviewing authority may order that the sentence shall not have effect until the end of the period specified in the order.

(4) The Defence Council or any officer authorised by them may terminate the period specified in an order under this section or extend such a period for a further period specified by them.

(5) On the termination of such a period the sentence in respect of which the order in question was made shall have effect or (in the case of an order under subsection (2)(b) above) resume effect.

(6) Nothing in this section shall be taken to prevent section 118(1) of this Act from applying in relation to a military sentence of imprisonment or detention. "

(2) After section 120 of the [1955 c. 19.] Air Force Act 1955 there shall be inserted the following section--

" 120A Postponement of sentences

(1) On passing any sentence a court-martial may order that the sentence shall not have effect until the end of the period specified in the order.

(2) On reviewing a sentence under section 113 of this Act, the reviewing authority may--

(a) if the sentence has not had effect, order that the sentence shall not have effect until the end of the period specified in the order;

(b) if the sentence has had effect, order that the sentence shall cease to have effect on the making of the order until the end of the period specified in the order.

(3) On exercising any power under section 113AA of this Act to pass or substitute a sentence, the reviewing authority may order that the sentence shall not have effect until the end of the period specified in the order.

(4) The Defence Council or any officer authorised by them may terminate the period specified in an order under this section or extend such a period for a further period specified by them.

(5) On the termination of such a period the sentence in respect of which the order in question was made shall have effect or (in the case of an order under subsection (2)(b) above) resume effect.

(6) Nothing in this section shall be taken to prevent section 118(1) of this Act from applying in relation to an air-force sentence of imprisonment or detention. "

(3) After section 89 of the 1957 Act there shall be inserted the following section--



" Postponement of sentences

89A Postponement of sentences

(1) On passing any sentence a court-martial may order that the sentence shall not have effect until the end of the period specified in the order.

(2) On reviewing a sentence under section 70 of this Act, the reviewing authority may--

(a) if the sentence has not had effect, order that the sentence shall not have effect until the end of the period specified in the order;

(b) if the sentence has had effect, order that the sentence shall cease to have effect on the making of the order until the end of the period specified in the order.

(3) On exercising any power under section 71 of this Act to pass or substitute a sentence, the reviewing authority may order that the sentence shall not have effect until the end of the period specified in the order.

(4) The Defence Council or any officer authorised by them may terminate the period specified in an order under this section or extend such a period for a further period specified by them.

(5) On the termination of such a period the sentence in respect of which the order in question was made shall have effect or (in the case of an order under subsection (2)(b) above) resume effect.

(6) Nothing in this section shall be taken to prevent section 85(1) of this Act from applying in relation to a sentence of imprisonment or detention awarded under this Act. " .

10 Community supervision orders

Schedule 3 (amendment of provisions of the 1955 Acts and the 1957 Act relating to community supervision orders) shall have effect.



Fingerprints and samples

11 Fingerprinting of certain offenders

(1) A service policeman may take the fingerprints of a person for the record without his consent if that person has been convicted of an offence in service disciplinary proceedings.

(2) The power under subsection (1) above may not be exercised in relation to a person convicted of an offence--

(a) where the person concerned has had his fingerprints taken by a service policeman in the course of the investigation of the offence or since his conviction; or

(b) after the end of the period of three months beginning with the date of the conviction.

(3) A service policeman may use reasonable force, if necessary, in exercising the power under subsection (1) above.

(4) In this section--

  • "fingerprints" includes palm prints;

  • "service disciplinary proceedings" means--

    (a)

    any proceedings before a court-martial or a standing civilian court under the 1955 Acts or the 1957 Act;

    (b)

    any proceedings before a disciplinary court constituted under section 52G of the 1957 Act; and

    (c)

    any proceedings by way of summary trial under section 52D of that Act; and

  • "service policeman" means a member of the Royal Navy Regulating Branch, the Royal Marines Police, the Royal Military Police, the Royal Air Force Police or the staff of the Royal Air Force Provost Marshal.

(5) This section is without prejudice to any power to take fingerprints under any other enactment or under any rule of law.

12 Taking of samples from certain offenders

(1) A service policeman may, for the purpose of recording information, take a sample to which this section applies from a person without his consent if that person has been convicted of an offence in service disciplinary proceedings.

(2) This section applies to a sample of hair (other than pubic hair) or to a swab taken from a person's mouth.

(3) The power under subsection (1) above may be exercised in relation to a person convicted of an offence only if--

(a) he has not had a sample to which this section applies taken from him since his conviction; or

(b) where he has had such a sample taken from him, the sample has proved insufficient.

(4) The power under subsection (1) above may not be exercised after the end of the period of three months beginning--

(a) in a case falling within subsection (3)(a) above, with the date of the conviction;

(b) in a case falling within subsection (3)(b) above, with the date on which a service policeman is informed of the fact that the sample has proved insufficient.

(5) A service policeman may use reasonable force, if necessary, in exercising the power under subsection (1) above.

(6) A sample of hair may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than are reasonably considered to be necessary for a sufficient sample.

(7) In this section--

  • "service disciplinary proceedings" and "service policeman" have the same meanings as in section 11 above; and

  • "sufficient" and "insufficient", in relation to a sample, means sufficient or insufficient (in point of quantity or quality) for the purpose of enabling information to be produced by the means of analysis used or to be used in relation to the sample.

(8) This section is without prejudice to any power to take samples under any other enactment or under any rule of law.



Rehabilitation of service offenders

13 Application of Rehabilitation of Offenders Act 1974

(1) The [1974 c. 53.] Rehabilitation of Offenders Act 1974 shall be amended as follows.

(2) In section 2 (rehabilitation of persons dealt with in service disciplinary proceedings), subsections (2) to (4) shall cease to have effect.

(3) In section 6 (the rehabilitation period)--

(a) in subsection (6) the words "Subject to subsection (7) below" shall cease to have effect; and

(b) after subsection (6)(b) there shall be inserted the following paragraph--

" (bb) any conviction in service disciplinary proceedings for an offence listed in the Schedule to this Act; " ; and

(c) in subsection (7) for the words "Notwithstanding subsection (6) above" there shall be substituted the words "Except as provided by subsection (6)(bb) above".

(4) The provisions set out in Schedule 4 to this Act shall be inserted as the Schedule to the [1974 c. 53.] Rehabilitation of Offenders Act 1974.

(5) The Rehabilitation of Offenders Act 1974 shall apply to convictions before the commencement date as if the amendments made by this section had always had effect; but this subsection does not apply to convictions to which section 2(1) of that Act applied before that date.

(6) Where by virtue of subsection (5) above a rehabilitation period applicable to a conviction would have ended before the commencement date, the individual concerned shall (subject to section 1(2) of the Rehabilitation of Offenders Act 1974) be treated as a rehabilitated person in respect of the conviction, and the conviction shall be regarded as spent, on and after that date.

(7) In this section "the commencement date" means the date on which this section comes into force.

14 Application of Rehabilitation of Offenders (Northern Ireland) Order 1978

(1) The [S.I. 1978/1908 (N.I.27).] Rehabilitation of Offenders (Northern Ireland) Order 1978 shall be amended as follows.

(2) In Article 4 (rehabilitation of persons dealt with in service disciplinary proceedings), paragraphs (2) to (4) shall cease to have effect.

(3) In Article 7 (the rehabilitation period)--

(a) in paragraph (6) the words "Subject to paragraph (7)" shall cease to have effect; and

(b) after paragraph (6)(b) there shall be inserted the following sub-paragraph--

" (bb) any conviction in service disciplinary proceedings for an offence listed in the Schedule; " ; and

(c) in paragraph (7) for the words "Notwithstanding paragraph (6)" there shall be substituted the words "Except as provided by paragraph (6)(bb)".

(4) A Schedule corresponding to the Schedule to be inserted into the Rehabilitation of Offenders Act 1974 by section 13(4) above shall be inserted as the Schedule to the Rehabilitation of Offenders (Northern Ireland) Order 1978, with the substitution--

(a) in the Schedule heading, for the words "Section 6(4)" of the words "Article 7"; and

(b) in paragraph 1, for the words "section 6(6)(bb) of this Act" of the words "Article 7(6)(bb)".

(5) The [S.I. 1978/1908 (N.I. 27).] Rehabilitation of Offenders (Northern Ireland) Order 1978 shall apply to convictions before the commencement date as if the amendments made by this section had always had effect; but this subsection does not apply to convictions to which Article 4(1) of that Order applied before that date.

(6) Where by virtue of subsection (5) above a rehabilitation period applicable to a conviction would have ended before the commencement date, the individual concerned shall (subject to Article 3(2) of the Rehabilitation of Offenders (Northern Ireland) Order 1978) be treated as a rehabilitated person in respect of the conviction, and the conviction shall be regarded as spent, on and after that date.

(7) In this section "the commencement date" means the date on which this section comes into force.



Review and appeal

15 Abolition of confirmation

The provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer shall cease to have effect.

16 Review of findings and sentences

Schedule 5 (amendment of provisions relating to the review of findings and sentences) shall have effect.

17 Appeals against sentence

(1) The [1968 c. 20.] Courts-Martial (Appeals) Act 1968 shall be amended as follows.

(2) In section 8 (right of appeal)--

(a) in subsection (1), for the words from "against" (in the first place it appears) to the end there shall be substituted the words " --

(a) against his conviction; and

(b) against any sentence (not being a sentence fixed by law) passed on him for the offence for which he was convicted. " ;

(b) in subsection (1A), paragraph (a) shall cease to have effect;

(c) subsection (5) shall cease to have effect.

(3) For section 17A (appeals by civilians) there shall be substituted the following section--

" 17A Appeals by civilians: application of Service Act provisions

For the avoidance of doubt, the exercise of the power conferred by sections 13, 14, 15 and 16A above, in relation to an order under Schedule 5A to the [1955 c. 18.] Army Act 1955, Schedule 5A to the [1955 c. 19.] Air Force Act 1955 or Schedule 4A to the [1957 c. 53.] Naval Discipline Act 1957 (powers of court on trial of civilians) shall be subject to the restrictions contained in paragraph 15 of each of those Schedules. "

(4) In section 34 (reference of cases by Service authorities), for subsection (4) there shall be inserted the following subsections--

" (4) The Secretary of State may, if consideration by the Appeal Court appears to him for any reason desirable, refer the sentence passed on any person convicted by a court-martial to the Appeal Court.

(5) Any reference under subsection (4) above shall be treated as an appeal by the person convicted against sentence for all purposes except those of section 32 of this Act. "

(5) In section 46 (restitution orders), in subsection (2) and subsection (3)(a), after the word "conviction" there shall be inserted the words "or, in the case of an appeal against sentence, the order".

(6) In section 53(1) (exclusion of certain appeals) in subsection (1), for the word "against" there shall be substituted the words "in relation to".

(7) In section 57 (interpretation), after the definition of "the registrar" there shall be inserted the words " ; and

"sentence", in relation to an offence, includes any order made by a court when dealing with an offender. "

18 Powers exercisable by registrar

After section 36 of the [1968 c. 20.] Courts-Martial (Appeals) Act 1968 there shall be inserted the following section--

" 36A Powers under Part II which are exercisable by registrar

(1) The following powers of the Appeal Court under this Part of this Act, namely the power--

(a) to extend the time within which notice of appeal or of application for leave to appeal may be given; and

(b) to order a witness to attend for examination,

may be exercised by the registrar in the same manner as they may be exercised by the Court and subject to the same restrictions.

(2) If the registrar refuses an application on the part of an appellant to exercise in his favour any power specified in subsection (1) above, the appellant shall be entitled to have the application determined by any judge of the Appeal Court. "

19 Appeals on behalf of deceased persons

Immediately before section 49 of the Courts-Martial (Appeals) Act 1968 there shall be inserted the following section--

" 48A Appeals on behalf of deceased persons

(1) Where a person has died--

(a) any relevant appeal which might have been begun by him had he remained alive may be begun by a person approved by the Appeal Court; and

(b) where any relevant appeal was begun by him while he was alive or is begun in relation to his case by virtue of paragraph (a) above, any further step which might have been taken by him in connection with the appeal if he were alive may be taken by a person so approved.

(2) In this section "relevant appeal" means--

(a) an appeal under section 8, 21 or 24 of this Act; or

(b) an appeal under section 39 of this Act from any decision of the Appeal Court on an appeal under any of those sections.

(3) Approval for the purposes of this section may only be given to--

(a) the widow or widower of the dead person;

(b) a personal representative of the dead person; or

(c) any other person appearing to the Court of Appeal to have, by reason of a family or similar relationship with the dead person, a substantial financial or other interest in the determination of a relevant appeal relating to him.

(4) An application for such approval may not be made after the end of the period of one year beginning with the date of death.

(5) Where this section applies, any reference in this Act to the appellant shall, where appropriate, be construed as being or including a reference to the person approved under this section.

(6) The power of the Appeal Court to approve a person under this section may be exercised by any judge of the Appeal Court in the same manner as by the Court and subject to the same provisions; but if the judge refuses the application, the applicant shall be entitled to have the application determined by the Appeal Court.

(7) In subsection (3)(b) above "personal representative" means--

(a) for England and Wales, a person who is a personal representative within the meaning of section 55(1)(xi) of the [1925 c. 23.] Administration of Estates Act 1925;

(b) for Scotland, an executor confirmed to the estate of the dead person; or

(c) for Northern Ireland, a person who is one of the personal representatives within the meaning of the [1955 c. 24 (N.I.).] Administration of Estates Act (Northern Ireland) 1955. "



Redress of complaints

20 Services redress of complaints procedures

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(1) For section 180 of the [1955 c. 18.] Army Act 1955 there shall be substituted the following section--

" 180 Redress of complaints

(1) If a person subject to military law 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.

(2) A person may not make a complaint under this section with respect to a matter against which he may present a petition under section 113 of this Act, ask for a review under section 115 of this Act or bring an appeal under the [1968 c. 20.] 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.

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