OpenLegislation

Section 340IB Power of entry to service premisesF1F2

(1)

The Armed Forces Commissioner may, for the purposes of an investigation under section 340IA, enter service premises and do any of the following—

(a)

view the premises;

(b)

observe the carrying on of activities on the premises;

(c)

inspect and take copies of any document on, or capable of being viewed using equipment on, the premises;

(d)

inspect any equipment or other item on the premises;

(e)

take measurements and photographs and make recordings;

(f)

require any person on the premises to provide an explanation of any document or to state where it can be found;

(g)

make such other enquiries as the Commissioner considers appropriate of any person on the premises;

(h)

require any person on the premises to give any other assistance that the Commissioner may reasonably require for the purposes of the investigation.

(2)

The reference in subsection (1)(c) to inspecting and taking copies of any document includes requiring any document kept in electronic form to be produced in a form in which—

(a)

it is legible or from which it can readily be produced in a legible form, and

(b)

can be taken away.

(3)

If the Commissioner proposes to exercise the power under subsection (1), the Commissioner must give the Secretary of State notice of the proposal within such period before exercising the power as the Commissioner considers appropriate.

(4)

Subsection (3) does not apply, so far as relating to service premises in the United Kingdom, if the Commissioner considers that giving notice would defeat the object of exercising the power.

(5)

When exercising the power under subsection (1), the Commissioner—

(a)

may be accompanied by any person and bring anything required for the purposes of the investigation;

(b)

must, if requested to do so by a person on the premises, produce evidence of the Commissioner’s identity.

(6)

The Secretary of State may prevent or restrict the Commissioner’s exercise of the power under subsection (1) (generally or in a particular case) so far as the Secretary of State considers it necessary to do so—

(a)

in the interests of national security, or

(b)

for the safety of any person.

(7)

The power under subsection (1) may not be exercised—

(a)

in relation to anything that the Commissioner has reasonable grounds for believing to be an item subject to legal privilege;

(b)

to require a person to do anything that the person could not be compelled to do in civil proceedings before the High Court (or, in Scotland, the Court of Session).

(8)

In this section—

  • “item subject to legal privilege”—

    1. (a)

      in England and Wales, has the same meaning as in the Police and Criminal Evidence Act 1984;

    2. (b)

      in Scotland, has the meaning given by section 412 of the Proceeds of Crime Act 2002;

    3. (c)

      in Northern Ireland, has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));

  • “premises” includes any place and, in particular, includes—

    1. (a)

      any vehicle, ship or aircraft, and

    2. (b)

      any tent or movable structure;

  • “service living accommodation” has the meaning given by section 96;

  • “service premises” means any premises which are permanently or temporarily occupied or controlled for the purposes of a regular or reserve force but are not service living accommodation.

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

Ss. 340IA, 340IB and cross-heading inserted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), ss. 4(2), 7(2); S.I. 2026/14, regs. 2, 4(c) (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)