Section 340N Referral of certain allegationsF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

s. 340N(1) words inserted by Armed Forces Commissioner Act 2025 Sch. 2 para. 22(a)(i)
s. 340N(1)(a) word substituted by Armed Forces Commissioner Act 2025 Sch. 2 para. 22(a)(ii)
s. 340N(1) word substituted by Armed Forces Commissioner Act 2025 Sch. 2 para. 22(a)(iv)
s. 340N(1)(b) word substituted by Armed Forces Commissioner Act 2025 Sch. 2 para. 22(a)(ii)
s. 340N(1)(b) word substituted by Armed Forces Commissioner Act 2025 Sch. 2 para. 22(a)(iii)
s. 340N(2) word substituted by Armed Forces Commissioner Act 2025 Sch. 2 para. 22(b)(i)
s. 340N(2) words substituted by Armed Forces Commissioner Act 2025 Sch. 2 para. 22(b)(ii)
s. 340N(3) word substituted by Armed Forces Commissioner Act 2025 Sch. 2 para. 22(c)(i)
s. 340N(3)(a) word substituted by Armed Forces Commissioner Act 2025 Sch. 2 para. 22(c)(ii)
s. 340N(3)(b) word substituted by Armed Forces Commissioner Act 2025 Sch. 2 para. 22(c)(ii)
s. 340N(3)(c) word substituted by Armed Forces Commissioner Act 2025 Sch. 2 para. 22(c)(ii)

(1)

Where the F2Armed Forces Commissioner considers that a communication made to the F3Commissioner alleges that a person named in the communication—

(a)

is subject to service law and has been wronged in any matter relating to his or her service, or

(b)

was wronged in any matter relating to his or her service which occurred while the person was subject to service law,

the Commissioner may refer the allegation to the appropriate officer.

(2)

“The appropriate officer” is the officer whom the F4Commissioner considers to be the officer to whom a service complaint made by the person in respect of the alleged wrong is (under service complaints regulations) to be made.

(3)

If an allegation is referred under subsection (1), the appropriate officer must as soon as is reasonably practicable—

(a)

inform the person that the allegation has been so referred,

(b)

ensure that the person is aware of—

(i)

the procedure for making a service complaint, and

(ii)

the effect on the making of service complaints of provision made by virtue of section 340B(2)(c) (time limit), and

(c)

ascertain whether the person wishes to make a service complaint in respect of the alleged wrong.

(4)

Regulations made by the Secretary of State must make provision—

(a)

about matters that must be notified to the F5Commissioner where an allegation is referred under subsection (1), and

(b)

about the time by which notification must be given.

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. 340N(1) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 10(j); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)
F3: Word in s. 340N(1) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 11(h)(i); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)
F4: Word in s. 340N(2) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 11(h)(ii); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)
F5: Word in s. 340N(4)(a) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 11(h)(iii); 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’s function of referring allegations

Textual amendments

F2: Words in s. 340N cross-heading substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 19(b); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)