Part 14A

Redress of service complaints

Investigations by Service Complaints Ombudsman

Obstruction and contempt
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1
This section applies if a person—
a
without lawful excuse, obstructs the discharge of any of the Service Complaints Ombudsman's functions relating to an investigation, 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 Ombudsman 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 Ombudsman'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.
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)