Section 340K Obstruction and contempt

(1)

F1This section applies if a person—

(a)

without lawful excuse, obstructs the discharge of any of the F2Armed Forces Commissioner’s functions relating to an investigation F3under section 340H or 340IA, or

(b)

does any act in relation to an investigation that would constitute contempt of court if the investigation were proceedings in the High Court (or, in Scotland, the Court of Session).

(2)

The F4Commissioner may certify the obstruction or act to the High Court (or, in Scotland, the Court of Session).

(3)

The court may inquire into the certified obstruction or act.

(4)

If the court, having heard any witness on behalf of or against the person and any statement in the person's defence, is satisfied that the person—

(a)

without lawful excuse, obstructed the discharge of any of the F5Commissioner’s functions relating to the investigation, or

(b)

did the act referred to in subsection (1)(b),

it may deal with the person in any way in which it could deal with the person if he or she had committed contempt in relation to the court.

(5)

In this section, “act” includes an omission and references to the doing of an act are to be read accordingly.

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. 340K(1)(a) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 19(a); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)
F3: Words in s. 340K(1)(a) inserted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 18; S.I. 2026/14, regs. 2, 4(e) (with reg. 5)
F4: Word in s. 340K(2) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 11(e); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)
F5: Word in s. 340K(4)(a) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 12(c); 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)