3.—(1) For the purposes of regulation 26 a complaint is a repetitious one if, and only if—
(a)it is substantially the same as a previous complaint (whether made by or on behalf of the same or a different complainant);
(b)it contains no fresh allegations which significantly affect the account of the conduct complained of;
(c)no fresh evidence, being evidence which was not reasonably available at the time the previous complaint was made, is tendered in support of it; and
(d)such action as is referred to in sub-paragraph (2) has been taken, as respects the previous complaint.
(2) The condition in sub-paragraph (1)(d) shall be satisfied if, as respects the previous complaint—
(a)the requirements of—
(i)section 58 of the 1998 Act, and
(ii)section 59 of that Act or (as the case may be) regulation 27,
were complied with; or
(b)the complainant gave such a notification as is mentioned in regulation 24(1); or
(c)the Ombudsman, under regulation 26, dispensed with the requirements mentioned in paragraph (1) of that regulation.