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Section 340I Procedure on Commissioner investigations of service complaintsF1F10F11

(1)

It is for the F2Armed Forces Commissioner to determine—

(a)

whether to begin, continue or discontinue an investigation F3under section 340H;

(b)

whether to investigate a service complaint, or an allegation, as a whole or only in particular respects.

(2)

The Secretary of State may make regulations about the procedure to be followed in an investigation F4under section 340H.

(3)

Subject to subsection (2), the procedure for carrying out an investigation F5under section 340H is to be such as the F6Commissioner considers appropriate in the circumstances.

(4)

In particular, the F7Commissioner may make such inquiries as the Commissioner considers appropriate.

(5)

The Secretary of State may by regulations—

(a)

impose time limits for the taking by the F8Commissioner or the complainant of any step specified in the regulations;

(b)

specify circumstances in which a time limit does not apply.

(6)

Where—

(a)

the F9Commissioner carries out an investigation under section 340H(1)(b) in connection with the handling of a service complaint, and

(b)

before the complaint was made, the matter to which it relates was considered in accordance with a process for dealing with matters of that kind,

the Commissioner may for the purposes of the investigation consider any alleged maladministration in connection with that process.

Annotations

Textual amendments

F1

Pt. 14A inserted (1.1.2016) by Armed Forces (Service Complaints and Financial Assistance) Act 2015 (c. 19), ss. 2(1), 7(1); S.I. 2015/1957, reg. 2 (with savings and transitional provisions in S.I. 2015/1969)

F2

Words in s. 340I(1) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 10(f); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

F3

Words in s. 340I(1) inserted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 15(b); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

F4

Words in s. 340I(2) inserted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 15(b); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

F5

Words in s. 340I(3) inserted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 15(b); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

F6

Word in s. 340I(3) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 11(c)(ii); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

F7

Word in s. 340I(4) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 11(c)(iii); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

F8

Word in s. 340I(5)(a) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 11(c)(iv); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

F9

Word in s. 340I(6) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 11(c)(v); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

F10

Word in s. 340I heading substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 11(c)(i); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

F11

Words in s. 340I heading inserted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 15(a); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

Notes on the whole Act

Textual amendments

F1

Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)

Notes on Part 14A

Textual amendments

F2

Pt. 14A heading substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 9; S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

Modifications

C1

Pt. 14A modified (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), ss. 2, 7(2); S.I. 2026/14, regs. 2, 4(b) (with reg. 5)

Notes on Investigations by Armed Forces Commissioner of service complaints

Textual amendments

F2

Words in s. 340H cross-heading substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 10(d); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

F3

Words in s. 340H cross-heading inserted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 13; S.I. 2026/14, regs. 2, 4(e) (with reg. 5)