Section 340J Power to require information, documents and evidenceF1

(1)

The F2Armed Forces Commissioner may, for the purposes of an investigation F3under section 340H or 340IA, require a person to provide—

(a)

documents in the person's possession or control, or

(b)

other information in the person's possession or control.

(2)

The F4Commissioner has the same powers as the High Court (or, in Scotland, the Court of Session), for the purposes of an investigation, in respect of—

(a)

the attendance and examination of witnesses (including the examination of witnesses abroad), and

(b)

the production of documents.

(3)

A person may not be required under this section 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).

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. 340J(1) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 10(g); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)
F3: Words in s. 340J(1) inserted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 17; S.I. 2026/14, regs. 2, 4(e) (with reg. 5)
F4: Word in s. 340J(2) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 11(d); 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 Armed Forces Commissioner investigations: supplementary matters

Textual amendments

F2: S. 340J cross-heading inserted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 16; S.I. 2026/14, regs. 2, 4(e) (with reg. 5)