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Section 340L Report and recommendations : service complaints investigations

(1)

F1The F2Armed Forces Commissioner must, after carrying out an investigation F3under section 340H, prepare a report setting out—

(a)

the F4Commissioner’s findings, and

(b)

any recommendations referred to in subsection (2).

(2)

Those recommendations are—

(a)

on an investigation under section 340H(1)(a) where the F5Commissioner finds that the service complaint to which the investigation relates is well-founded, the F6Commissioner’s recommendations (if any) on what redress would be appropriate;

(b)

on an investigation under section 340H(1)(b), (c) or (d) where the F7Commissioner finds that the allegation to which the investigation relates is well-founded, the F8Commissioner’s recommendations (if any) as a result of that finding;

(c)

where, by virtue of section 340H(7), the F9Commissioner finds maladministration in connection with the handling of a service complaint, the F10Commissioner’s recommendations (if any) as a result of that finding.

(3)

The F11Commissioner may for the purposes of subsection (2)(b) or (c) make any recommendations that the Commissioner considers appropriate, including recommendations for the purpose of remedying—

(a)

the maladministration or undue delay to which the finding relates, and

(b)

any injustice that the Commissioner considers has or could have been sustained, in consequence of the maladministration or undue delay, by the complainant.

(4)

The report must include the F12Commissioner’s reasons for each of the findings and recommendations.

(5)

The F13Commissioner must send a copy of the report to—

(a)

the Defence Council,

(b)

the complainant, and

(c)

any other persons specified, or of a description specified, in regulations made by the Secretary of State.

(6)

The F14Commissioner may send a copy of the report to any other persons the Commissioner considers appropriate.

(7)

The Secretary of State may make regulations with respect to reports under this section; and the regulations may in particular include—

(a)

further provision about the preparation of reports;

(b)

provision for the correction of accidental errors in reports;

(c)

provision about obligations (including obligations of confidentiality) that may be imposed on persons to whom reports are sent.

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

F3

Words in s. 340L(1) inserted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 20(b); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

F4

Word in s. 340L(1)(a) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 12(d)(i); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

F5

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

F6

Word in s. 340L(2)(a) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 12(d)(ii); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

F7

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

F8

Word in s. 340L(2)(b) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 12(d)(ii); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

F9

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

F10

Word in s. 340L(2)(c) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 12(d)(ii); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

F11

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

F12

Word in s. 340L(4) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 12(d)(iii); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

F13

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

F14

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

F15

Words in s. 340L heading inserted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 20(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)