(1) Section 120(1) does not apply to a complaint relating to an act done when the complainant was serving as a member of the armed forces unless—
(a) the complainant has made a service complaint about the matter, and
(b) the complaint has not been withdrawn.
[(2) Where the complaint is dealt with by a person or panel appointed by the Defence Council by virtue of section 340C(1)(a) of the 2006 Act, it is to be treated for the purposes of subsection (1)(b) as withdrawn if—
(a) the period allowed in accordance with service complaints regulations for
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