Legalize / United Kingdom / Public General Act

Armed Forces Act 1991

Type Public General Act

Publication 1991-07-25

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part I — Continuance of Services Acts

Continuance of Services Acts

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Part II — Amendments Relating to the Armed Forces and Other Persons Subject to Provisions of the Services Acts

Young offenders

Young offenders: custodial sentences

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Young service offenders: minimum period of custodial orders etc

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Reasons to be given where custodial sentence awarded to young offender

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Young civilian offenders: custodial orders

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Abolition of reception orders

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Stoppages and compensation orders

Stoppages under the 1955 Acts: personal injuries and limits

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Stoppages under the 1957 Act: personal injuries and limits

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Compensation orders for personal injuries on trial of civilians

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Courts-martial

Compensation for miscarriages of justice

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Withdrawal of election to be tried by court-martial under the 1955 Acts: officers, warrant officers and civilians

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Powers of naval courts-martial

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Damage to public or service property etc

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Deduction of maintenance payments etc. from pay

Deductions from pay in respect of liabilities for maintenance: the 1955 Acts

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Deductions from naval and marine pay in respect of liabilities for maintenance

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Naval and marine pay and pensions

New provisions as to assignments, charges and court orders in respect of naval and marine pay, pensions etc

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(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In section 2 of the Naval Pensions Act 1884 (application of 1865 Act etc. to Greenwich Hospital pensions) after the words “Act 1865 ”, in the second place where they occur, there shall be inserted “or section 128G of the Naval Discipline Act 1957 ”.

(4) In section 59(3) of the Reserve Forces Act 1980 (which applies sections 3 and 5 of the Naval and Marine Pay and Pensions Act 1865 in relation to pay, bounty and allowances payable as mentioned in that provision)—

(a) for the words “Sections 3 and 5 ” there shall be substituted “Section 3 ”; and

(b) after “1865 ” there shall be inserted “and section 128G of the Naval Discipline Act 1957 ”.

Part III — Protection of Children of Service Families

Power to make service family child assessment orders

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(1) The power to make an order under this section (in this Part of this Act referred to as an “assessment order ”) is exercisable only with respect to a child who—

(a) resides outside the British Islands with the family of a person subject to service law serving in a country or territory outside the British Islands or of a civilian subject to service discipline, or

(b) is staying (for however short a time) outside the British Islands with such a family.

(2) In the following provisions of this section and in section 18 of this Act, any reference to a person with whom a child was at any time residing includes a reference to a person with whom a child was staying.

(3) On an application made with respect to a child by a person authorised in that behalf by regulations, a judge advocate may make an assessment order with respect to the child if, but only if, he is satisfied that—

(a) the applicant has reasonable cause to suspect that the child is suffering, or is likely to suffer, significant harm;

(b) an assessment of the state of the child’s health or development or of the way in which he has been treated is required to enable the applicant to determine whether or not the child is suffering, or is likely to suffer, significant harm; and

(4) A person making an application for an assessment order with respect to a child shall take such steps as are reasonably practicable to ensure that, before the application is considered, notice of the application is given to—

(a) the child;

(b) his parents;

(d) any other person caring for the child or with whom the child is residing immediately before the making of the application;

(da) any person who is named in a child arrangements order as a person with whom the child is to live, spend time or otherwise have contact;

(db) any person in whose favour an order under section 51A of the Adoption and Children Act 2002 (post-adoption contact) is in force with respect to the child;

(e) any person in whose favour a contact order is in force with respect to the child; and

(f) any person who is allowed to have contact with the child by virtue of an order —

under section 34 of the Children Act 1989 or Article 53 of the Children (Northern Ireland) Order 1995; or.

(ii) under section 88 of the Children (Scotland) Act 1995

(5) An assessment order shall not be made with respect to any child if the judge advocate to whom the application is made is satisfied—

(a) that there are grounds for making a protection order with respect to the child; and

(b) that he ought to make such an order rather than an assessment order;

and a judge advocate to whom an application for an assessment order is made may treat the application as an application for a protection order.

(6) Regulations may make provision with respect to the procedure to be followed on and in connection with the making of an assessment order.

Content, effect, variation and discharge of assessment orders

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(1) An assessment order shall—

(a) specify the date by which the assessment is to begin; and

(b) have effect for such period, not exceeding seven days beginning with that date, as may be specified in the order.

(2) Where an assessment order is in force with respect to a child, it shall be the duty of any person who is in a position to produce the child—

(a) to produce him to such person as may be named in the order; and

(b) to comply with such directions relating to the assessment of the child as the judge advocate making the order considers appropriate to include in the order.

(3) Subject to subsection (4) below, an assessment order authorises any person carrying out the assessment, or any part of the assessment, to do so in accordance with the terms of the order.

(4) If the child to whom an assessment order relates is of sufficient understanding to make an informed decision, he may refuse to submit to a medical or psychiatric examination or other assessment.

(5) The child to whom an assessment order relates may only be kept away from home—

(a) in accordance with directions included in the order; and

(b) if it is necessary for the purposes of the assessment; and

(6) Where the child to whom an assessment order relates is to be kept away from home, the order shall contain such directions as the judge advocate making it considers appropriate with regard to the contact that the child must be allowed to have with other persons while away from home.

(7) In such circumstances and subject to such conditions as may be prescribed by regulations, an assessment order may be varied or discharged on an application made, in such manner as may be so prescribed, by—

(a) the child to whom the order relates;

(b) a parent of his;

(d) any other person caring for the child or with whom the child was residing immediately before the making of the application;

(da) any person who is named in a child arrangements order as a person with whom the child is to live, spend time or otherwise have contact;

(db) any person in whose favour an order under section 51A of the Adoption and Children Act 2002 (post-adoption contact) is in force with respect to the child;

(e) any person in whose favour a contact order is in force with respect to the child; or

(f) any person who is allowed to have contact with the child by virtue of an order —

(i) under section 34 of the Children Act 1989 or Article 53 of the Children (Northern Ireland) Order 1995; or

(ii) under section 88 of the Children (Scotland) Act 1995

(8) A person subject to service law, or a civilian subject to service discipline, commits an offence if he intentionally obstructs any person exercising a power conferred ... by virtue of the making of an assessment order ....

(8A) A person guilty of an offence under this section is liable to any punishment mentioned in rows 5 to 12 of the Table in section 164 of the Armed Forces Act 2006.

(8B) For the purposes of determining the court's powers when sentencing a civilian offender (within the meaning of Part 1 of Schedule 3 to the Armed Forces Act 2006) for an offence under this section, subsection (8A) has effect as if the reference to rows 5 to 12 were to rows 2 to 7.

(8C) For the purposes of determining the court's powers when sentencing an offender to whom Part 2 of that Schedule applies (ex-servicemen etc) for an offence under this section, subsection (8A) has effect as if the reference to rows 5 to 12 were to rows 5 to 10.

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(10) Any power conferred by this section to give directions shall be exercisable subject to, and in accordance with, any provision made by regulations.

Power to make orders for the emergency protection of children of service families

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(1) The power to make an order under this section (in this Part of this Act referred to as a “protection order ”) is exercisable only with respect to a child who—

(a) resides outside the British Islands with the family of a person subject to service law serving in a country or territory outside the British Islands or of a civilian subject to service discipline, or

(b) is staying (for however short a time) outside the British Islands with such a family.

(2) In the following provisions of this Part, any reference to a person with whom a child was at any time residing includes a reference to a person with whom a child was staying.

(3) On an application made by any person with respect to a child, a judge advocate may make a protection order with respect to the child if, but only if, he is satisfied that—

(a) there is reasonable cause to believe that the child is likely to suffer significant harm if he is not removed to accommodation provided by or on behalf of the applicant; or

(b) there is reasonable cause to believe that the child is likely to suffer significant harm if he does not remain in the place in which he is then being accommodated (whether or not that is the place where he is resident); or

(i) the applicant has reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm;

(ii) the applicant is making enquiries with respect to the child’s welfare; and

(iii) those enquiries are being frustrated by access to the child being unreasonably refused to the applicant or a person authorised by the applicant to seek access and the applicant has reasonable cause to believe that access to the child is required as a matter of urgency.

(4) No protection order shall be made without affording—

(a) the child to whom it is proposed that the order should relate,

(b) his parents,

(d) any other person with whom he was residing immediately before the making of the application for the order,

an opportunity to make representations to the judge advocate to whom the application for the order is made, except where it appears to that judge advocate that it would be undesirable to do so in the interests of the child or that it would be impracticable, or would cause unnecessary delay, to communicate with any parent of the child or with any such other person as is mentioned in paragraph (c) or paragraph (d) above.

(5) Any person—

(a) seeking access to a child in connection with enquiries of a kind mentioned in subsection (3)(c) above, and

(b) purporting to be a designated person or a person authorised by a designated person to seek such access,

shall, on being asked to do so, produce some duly authenticated document as evidence that he is such a person.

(6) Regulations may—

(a) prescribe the descriptions of persons who for the purposes of this section are designated persons; and

(b) make provision with respect to the procedure to be followed on and in connection with the making of protection orders.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Content and effect of protection orders

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(1) A protection order shall name the person on whose application it was made (in this Part of this Act referred to as “the responsible person”) and, wherever it is reasonably practicable to do so, the order shall also name the child to whom it relates; and where it does not name that child it shall describe him as clearly as possible.

(2) Where a protection order is in force with respect to a child—

(a) it shall be the duty of any person who is in a position to do so to comply with any request to produce the child to the responsible person; and

(b) the order authorises—

(i) the removal of the child at any time to accommodation provided by or on behalf of the responsible person and his being kept there; or

(ii) the prevention of the child’s removal from any service hospital, or other place, in which he was being accommodated immediately before the making of the order.

(3) Where a protection order is in force with respect to a child, the responsible person—

(a) shall only exercise a power given by virtue of subsection (2)(b) above in order to safeguard the welfare of the child;

(b) shall comply with the requirements of any regulations made for the purposes of this subsection; and

(c) subject to paragraphs (a) and (b) above, shall do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare (having regard in particular to the duration of the order).

(4) The judge advocate making a protection order may give such directions (if any) as he considers appropriate with respect to all or any of the following matters—

(a) whether the responsible person, in exercising any power under the order, should be accompanied by a person having a medical, nursing or other appropriate qualification;

(b) any contact which is, or is not, to be allowed between the child and any named person; and

but, where a direction is given under paragraph (c) above for the carrying out of an examination or other assessment, the child may, if he is of sufficient understanding to make an informed decision, refuse to submit to the examination or assessment.

(5) Where a protection order is in force with respect to a child and—

(a) the responsible person has exercised the power given by subsection (2)(b)(i) above but it appears to him that it is safe for the child to be returned; or

(b) the responsible person has exercised the power given by subsection (2)(b)(ii) above but it appears to him that it is safe for the child to be allowed to be removed from the place in question,

he shall return the child or (as the case may be) allow him to be removed.

(6) Where he is required by subsection (5) above to return the child, the responsible person shall—

(a) return him to the care of the person from whose care he was removed; or

(b) if that is not reasonably practicable, return him to the care of—

(i) a parent of his;

(ii) any person who is not a parent of his but who has parental responsibility for him; or

(iii) such other person as the responsible person (with the agreement of a judge advocate) considers appropriate.

(7) Where the responsible person has been required by subsection (5) above to return the child, or to allow him to be removed, he may again exercise his powers with respect to the child (at any time while the protection order remains in force) if it appears to him that a change in the circumstances of the case makes it necessary for him to do so.

(8) Where a protection order has been made with respect to a child, the responsible person shall, subject to any direction given under subsection (4) above, allow the child reasonable contact with—

(a) his parents;

(b) any other person who has parental responsibility for him;

(ca) any person who is named in a child arrangements order as a person with whom the child is to live, spend time or otherwise have contact;

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