This new section enables the Commissioner to investigate a "general service welfare matter". The intent of this section is to ensure a scope broad enough to capture issues that may have been brought to the Commissioner’s attention through oversight of the service complaints system, but also issues that can be raised directly by Service personnel and their families, provided it relates in some way to the Service person in question.
	Subsection (2) states that a "general service welfare matter" is any matter which might, in the opinion of the Commissioner, materially affect the everyday lives of service personnel and their families, where those issues have arisen as a result of the relevant service person’s service. ‘Materially affect’ means a matter must be sufficiently serious to warrant investigation.
	Subsection (3) requires the Commissioner to consider a request from any person subject to Service law or a relevant family member to carry out an investigation into a "general service welfare matter" under subsection (1). A ‘relevant family member’ is to be defined and set out in regulations made by the Secretary of State (see subsection 4).
	Subsection (4) states that "relevant family members" are individuals connected to a person subject to service law, as may be specified. Section 4, subsection (5) of this Act, ensures that the power to make this regulation is covered by section 373(3) of the AFA 2006. This means any statutory instrument brought forward containing regulations under this subsection must be debated in both Houses of Parliament, allowing Parliament to scrutinise the definition (see paragraph 33 above).
	Subsections (5), (6) and (7) exclude certain matters that cannot be investigated under this section, but still enables issues that may have been brought to the Commissioner’s attention in connection with a particular service complaint, service inquiry, criminal investigation or proceedings, or public inquiry to be investigated as a "general service welfare matter" under subsection (1). For example, where an issue is referred to the Commissioner through the Service Complaint system that would be more appropriate for them to investigate in accordance with the existing legislation governing the Service Complaint system, this should be conducted by the Commissioner as a separate process under section 340H AFA 06. However, a Service Complaint may indicate wider systemic issues that could potentially affect the welfare of other Service personnel. These wider systemic issues could then be a matter that can be investigated under this provision. The Secretary of State may further specify in regulations matters to be excluded under subsection (5)(e) only where they consider the investigation of such a matter would be against the interests of national security or might jeopardise someone’s safety, stated in subsection (7). Whilst the remit of the Commissioner is limited to welfare issues connected to service life, there may be some unforeseen circumstances where a particular investigation topic might impinge on these areas. This power provides a mechanism to respond and update the Commissioner’s remit in a way that still provides Parliamentary oversight via affirmative regulations.
	Subsection (8) places a requirement on the Secretary of State to co-operate with, and give reasonable assistance to, the Commissioner in relation to an investigation under this section. The Secretary of State must also consider any findings or recommendations made by the Commissioner in connection with an investigation under this section.
	Subsection (9) states that a "public inquiry" means an inquiry under the Inquiries Act 2005, and that "specified" means specified in regulations made by the Secretary of State.
	This new section confers on the Commissioner powers of entry to Ministry of Defence sites. It specifies that this power of entry includes certain actions, including to observe activities at those sites and to inspect and take copies of documentation. These actions are set out in subsection (1).
	Subsection (2) makes reference to subsection (1)(c) and provides that when inspecting and taking copies of any document kept in electronic form, the Commissioner can require such document to be produced in a form which is legible or which can readily be made legible, and can be taken away.
	Subsections (3) and (4) require that prior to relying on their powers of entry the Commissioner should provide such notice to the Secretary of State as they consider appropriate. Where they consider that to provide such notice would defeat the object of their powers of entry, they may provide no notice at all only where their visit relates to service premises within the UK. For service premises outside of the UK the Commissioner must give notice of the proposal to visit within such a period as the Commissioner considers appropriate.
	Subsection (5) enables the Commissioner to be accompanied by any person of their choosing to the premises and bring anything required for the purpose of exercising their powers of entry. It also places an obligation on the Commissioner to provide evidence of their identity and outline the purpose of exercising their power, should this be requested by a person on the premises.
	Subsection (6) ensures that national security and personal safety considerations can be considered, even in instances where no notice of a visit is provided by the Commissioner. To achieve this subsection (6) enables the Secretary of State to prevent or restrict the Commissioner’s powers of entry and related actions under subsection (1) (generally or in a particular case) where they consider it necessary to do so in the interests of national security or for the safety of any person (which could include the safety of service personnel on the site, or the Commissioner themselves).
	Subsection (7) sets out the instances in which the Commissioner may not exercise the powers under subsection (1). This includes when the Commissioner has reasonable grounds to believe an item is subject to legal privilege; and also prohibits exercising the power to require a person to do anything that they could not be compelled to do in civil proceedings before the High Court (or, in Scotland, the Court of Session).
	For the purposes of this section, subsection (8) defines:
"item subject to legal privilege" in England and Wales as the definition provided in the Police and Criminal Evidence Act 1984. In Scotland as the definition provided in section 412 of the Proceeds of Crime Act 2002. In Northern Ireland as the definition provided in the Police and Criminal Evidence (Northern Ireland) Order 1989.
"premises" as including any place and in particular includes any vehicle, ship, aircraft, tent or movable structure.
"service living accommodation" as defined by section 96 AFA 06.
"service premises" as any premises which (at the time of exercise of the power under subsection (1)) are permanently or temporarily occupied or controlled for the purposes of any UK force but are not service living accommodation. "For the purposes of" has not been further defined and should be given its ordinary meaning. For example, where premises are commonly understood to be occupied for the purposes of non-UK armed forces, this would not be captured by the definition.
Commentary on provisions of the Act Section 4: Commissioner’s role in relation to general Service welfare New Section 340IA – Commissioner investigations of general Service welfare matters