Armed Forces Act 2006

• (c) the urgent need to remove the patient to and detain him in a service hospital makes it impracticable for an order under paragraph 2(3) to be sought before removing and detaining him.

• (2) The service policeman may remove the patient to an overseas service hospital.

• (3) The commanding officer of the service hospital to which the patient is removed may detain him at the service hospital for the purpose of enabling an order under paragraph 2(3) to be sought in relation to him.

• (4) But the patient may not be detained under this paragraph beyond—

• (a) the end of the detention period (see sub-paragraphs (5) and (6)); or

• (b) if sooner, the making of a determination whether or not to make such an order in relation to him.

• (5) The detention period is—

• (a) 6 hours beginning with his arrival at the service hospital; or

• (b) if before the end of that 6 hour period a registered medical practitioner determines that all the relevant conditions are met in the case of the patient, 24 hours beginning with that time.

• (6) But if during that 6 hour period a registered medical practitioner determines that one or more of the relevant conditions are not met in the case of the patient—

• (a) the patient must be released immediately; and

• (b) the detention period ends with his release.

• (7) The person making a determination under sub-paragraph (5)(b) must, as soon as practicable, make a record of the determination and the reasons for it.

• (8) In this paragraph “relevant place” means—

• (a) a place to which the public have access; or

• (b) any premises (within the meaning of Part 3) which are permanently or temporarily occupied or controlled for the purposes of any of Her Majesty's forces but are not service living accommodation.

Use of force

10

Where a power is conferred on any person by virtue of this Schedule, he may use reasonable force, if necessary, in the exercise of the power.

Service custody

11

While a person is being conveyed, removed or detained by virtue of any provision of this Schedule, the person is deemed to be in service custody.

Definitions

12

• (1) In this Schedule “overseas service hospital” means a service hospital outside the British Islands.

• (2) In this Schedule “service hospital” means—

• (a) a military, air-force or naval unit or establishment, or

• (b) a ship,

at or in which medical or surgical treatment is provided for persons subject to service law.

• (3) In this Schedule “service living accommodation” has the same meaning as in Part 3 (see section 96).

SCHEDULE 13

1

• (1) Section 17 of the Armed Forces Act 1991 (power to make service family child assessment orders) is amended as follows.

• (2) In subsection (1)(a) for “civilian in a corresponding position” substitute “ civilian subject to service discipline ”

• (3) In subsection (3) for “the officer having jurisdiction” substitute “ a judge advocate ”.

• (4) In subsection (5)—

• (a) for “the officer” substitute “ the judge advocate ”;

• (b) for “an officer” substitute “ a judge advocate ”.

2

• (1) Section 18 of that Act (content, effect, variation and discharge of assessment orders) is amended as follows.

• (2) In subsection (2)(b) for “officer” substitute “ judge advocate ”.

• (3) In subsection (6) for “officer” substitute “ judge advocate ”.

• (4) In subsection (8)—

• (a) for “or a civilian in a corresponding position who” substitute “ , or a civilian subject to service discipline, commits an offence if he ”;

• (b) omit the words “on him”;

• (c) omit the words from “shall be liable” to the end.

• (5) After that subsection insert—

(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.

• (6) Omit subsection (9).

3

• (1) Section 19 of that Act (power to make orders for the emergency protection of children of service families) is amended as follows.

• (2) In subsection (1)(a) for “civilian in a corresponding position” substitute “ civilian subject to service discipline ”.

• (3) In subsection (3) for “the officer having jurisdiction” substitute “ a judge advocate ”.

• (4) In subsection (4) for “officer”, in both places, substitute “ judge advocate ”.

4

• (1) Section 20 of that Act (content and effect of protection orders) is amended as follows.

• (2) In subsection (4) for “officer” substitute “ judge advocate ”.

• (3) In subsection (6)(b)(iii) for “the officer having jurisdiction” substitute “ a judge advocate ”.

• (4) For subsections (9) and (10) substitute—

(9) A person subject to service law, or a civilian subject to service discipline, commits an offence if he— (a) intentionally obstructs any person exercising the power under subsection (2)(b) above to remove, or prevent the removal of, a child; or (b) intentionally fails to comply with an exclusion requirement included in a protection order by virtue of section 20A below. (9A) 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. (9B) 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 (9A) has effect as if the reference to rows 5 to 12 were to rows 2 to 7. (9C) 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 (9A) has effect as if the reference to rows 5 to 12 were to rows 5 to 10.

5

After that section insert—

(20A) (1) Where— (a) a judge advocate (on being satisfied as mentioned in section 19(3)(a), (b) or (c)) makes a protection order with respect to a child, and (b) conditions A, B and C are satisfied, the judge advocate may include an exclusion requirement in the protection order. (2) An exclusion requirement is any one or more of the following— (a) a provision requiring a person who is subject to service law or is a civilian subject to service discipline to leave relevant premises in which he is living with the child; (b) a provision prohibiting a person who is subject to service law or is a civilian subject to service discipline from entering relevant premises in which the child lives; (c) a provision excluding such a person from a defined area in which relevant premises in which the child lives are situated. (3) Condition A is that there is reasonable cause to believe that, if the person to whom the exclusion requirement would relate (“the relevant person”) is excluded from relevant premises in which the child lives— (a) in the case of an order made on the ground mentioned in section 19(3)(a) or (b), the child will not be likely to suffer significant harm, even though not removed as mentioned in section 19(3)(a) or not remaining as mentioned in section 19(3)(b); (b) in the case of an order made on the ground mentioned in section 19(3)(c), the enquiries referred to there will cease to be frustrated. (4) Condition B is that a person (other than the relevant person) living in the relevant premises in which the child lives, whether or not he is the child's parent— (a) is able and willing to give to the child the care which it would be reasonable to expect a parent to give him; and (b) consents to the inclusion of the exclusion requirement. (5) Condition C is that the judge advocate is satisfied— (a) that, throughout the duration of the requirement, alternative accommodation which the judge advocate considers appropriate will be available to the relevant person; and (b) where the relevant person is subject to service law, that the relevant person's commanding officer also considers that that accommodation is appropriate. (6) If, while a protection order containing an exclusion requirement is in force, the child has in pursuance of the order been removed from the relevant premises to which the requirement relates to other accommodation for a continuous period of more than 24 hours, the order shall cease to have effect so far as it imposes the exclusion requirement. (7) In this section “relevant premises” means premises occupied as a residence by a person subject to service law or a civilian subject to service discipline. (8) Who is the relevant person's “commanding officer” for the purposes of subsection (5)(b) shall be determined by or under regulations made by the Defence Council.

6

• (1) Section 21 of that Act (duration of protection orders) is amended as follows.

• (2) In subsection (1) for the words from “being” to the end substitute “ which must be a period of not more than 28 days beginning with the date of the order. ”

• (3) In subsection (2)—

• (a) for “the officer having jurisdiction” substitute “ a judge advocate ”;

• (b) in paragraph (a), for the words from “applicable” to “that officer” substitute “ permitted by subsection (1) above ”;

• (c) in the words after paragraph (b) for “that officer” substitute “ the judge advocate ”.

• (4) In subsection (3) for “officer”, in both places, substitute “ judge advocate ”.

• (5) In subsection (5) for “an officer” substitute “ a judge advocate ”.

7

• (1) Section 22 of that Act (review and discharge of protection orders) is amended as follows.

• (2) In subsection (2) for “superior officer” substitute “ judge advocate ”.

• (3) In subsection (4)—

• (a) for “superior officer” substitute “ judge advocate ”;

• (b) for the words from “consider whether” to the end of paragraph (b) substitute

consider whether, if the order were discharged and— (a) (where the power under section 20(2)(b)(i) has been exercised) if the child were returned by the responsible person, or (b) (where the power under section 20(2)(b)(ii) has been exercised) if the child were allowed to be removed from the place in which he was being accommodated immediately before the making of the order,

.

• (4) In subsection (5) for “the officer having jurisdiction” substitute “ a judge advocate ”.

• (5) After that subsection insert—

(5A) On the application of the person to whom an exclusion requirement contained in a protection order relates, a judge advocate may, in such circumstances and subject to such conditions as may be prescribed by regulations, vary the exclusion requirement or discharge the order so far as it imposes the exclusion requirement.

• (6) In subsection (7) for “officer” substitute “ judge advocate ”.

8

After that section insert—

(22A) (1) Where a service policeman has reasonable cause to believe that a relevant child would otherwise be likely to suffer significant harm, he may, if authorised— (a) remove the child to suitable accommodation and keep him there; or (b) take such steps as are reasonable to ensure that the child's removal from any service hospital, or other place, in which he is then being accommodated is prevented. (2) In this section, a child with respect to whom a service policeman has exercised the power under subsection (1) is referred to as having been taken into service police protection. (3) As soon as is reasonably practicable after taking a child into service police protection, the service policeman concerned shall— (a) inform the appropriate service police officer of the steps that have been and are proposed to be taken under this Part of this Act with respect to the child and the reasons for taking them; (b) give details to the appropriate service police officer of the place at which the child is being accommodated; (c) inform the child (if he appears capable of understanding)— (i) of the steps that have been taken with respect to him under this section and of the reasons for taking them; and (ii) of the further steps that may be taken with respect to him under this Part of this Act; (d) take such steps as are reasonably practicable to discover the wishes and feelings of the child; (e) secure that the case is inquired into by the appropriate service police officer; (f) secure that the child is moved to accommodation approved for the purpose by the appropriate service police officer (unless that officer approves the child's remaining where he is currently being accommodated); (g) take such steps as are reasonably practicable to inform— (i) the child's parents, (ii) every person who is not a parent of the child but has parental responsibility for him, and (iii) any other person with whom the child was residing immediately before being taken into service police protection, of the steps that he has taken under this section with respect to the child, the reasons for taking them and the further steps that may be taken with respect to him under this Part of this Act. (4) On completing any inquiry under subsection (3)(e) the officer conducting it shall release the child from service police protection unless he considers that there is still reasonable cause for believing that the child would be likely to suffer significant harm if released. (5) No child may be kept in service police protection for more than 72 hours. (6) While a child is being kept in service police protection— (a) the appropriate service police officer 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 length of the period during which the child will be kept in service police protection); but (b) neither he nor the service policeman who took the child into service police protection has any parental responsibility for him. (7) Where a child has been taken into service police protection, the appropriate service police officer shall allow— (a) the child's parents, (b) any person who is not a parent of the child but has parental responsibility for him, (c) any person with whom the child was residing immediately before he was taken into service police protection, (d) any person in whose favour a contact order is in force with respect to the child, and (e) any person acting on behalf of any of those persons, to have such contact (if any) with the child as, in the opinion of the appropriate service police officer, is both reasonable and in the child's best interests. (8) In this section— - “authorised”, in relation to a service policeman, means authorised, by an authorising service police officer and in accordance with regulations, to exercise the power under subsection (1) in the case in question; - “an authorising service police officer”, and “the appropriate service police officer” have the meanings given by regulations; - “relevant child” means a child who falls within paragraph (a) or (b) of section 19(1) above; - “service policeman” has the same meaning as in the Armed Forces Act 1996.

9

• (1) Section 23 of that Act (interpretation) is amended as follows.

• (2) In subsection (1)—

• (a) in the definition of “accommodation”, for the words from “means” to “relates,” substitute “ , in relation to a child to whom a protection order relates, means any service hospital or other suitable place the occupier of which is willing temporarily to receive the child, ”;

• (b) for the definition of “civilian in a corresponding position” substitute—

“civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006;

;

• (c) after the definition of “contact order” insert—

“exclusion requirement” has the meaning given by section 20A above;

;

• (d) after the definition of “extension order” insert—

“harm” and “significant harm” have the same meanings as in the Children Act 1989;

;

• (e) for the definitions of “officer having jurisdiction” and “superior officer” substitute—

“judge advocate” has the same meaning as in the Armed Forces Act 2006;

;

• (f) in the definition of “regulations”, after “ “regulations”” insert “ (except in section 20A(8)) ”;

• (g) for the definition of “service law” substitute—

“subject to service law” has the same meaning as in the Armed Forces Act 2006.

• (3) After that subsection insert—

(1A) Section 164(2) and (3) of the Armed Forces Act 2006 apply in relation to section 18(8A) and 20(9A) of this Act.

• (4) Omit subsection (2).

SCHEDULE 14

Reserve Forces Act 1980 (c. 9)

1

In section 10 of the Reserve Forces Act 1980 (call out for national danger) omit subsection (5).

2

In section 11(2)(a) of that Act (call out for warlike operations), for “regular air force” substitute “ Royal Air Force ”.

3

In section 18(2) of that Act (permanent service call out of Army Reserve) omit paragraph (b).

4

In section 19 of that Act (duration of Army Reserve permanent service)—

• (a) omit subsection (4);

• (b) in subsection (5) for “subsections (3) and (4) above” substitute “ subsection (3) ”.

5

In section 19A of that Act (postponement of discharge of members of Army Reserve during call out), for subsection (7) substitute—

(7) In subsections (3) to (5)— - “the competent military authority” means the Defence Council or any officer of a description prescribed by regulations of the Defence Council; - “prescribed” means prescribed by regulations of the Defence Council.

6

In section 21 of that Act (duration of Air Force Reserve permanent service)—

• (a) omit subsection (4);

• (b) in subsection (5) for “subsections (3) and (4) above” substitute “ subsection (3) ”.

7

In section 21A of that Act (postponement of discharge of members of Royal Air Force Reserve during call out), for subsection (7) substitute—

(7) In subsections (3) to (5)— - “the competent air force authority” means the Defence Council or any officer of a description prescribed by regulations of the Defence Council; - “prescribed” means prescribed by regulations of the Defence Council.

8

Omit section 24 of that Act (permanent service call out of Ulster Defence Regiment).

9

Omit section 25 of that Act (emergency service call out of Ulster Defence Regiment).

10

In section 26(2) of that Act (call out notices), omit paragraph (g).

11

In section 30(2) of that Act (liability of naval and marine pensioners to recall), for “The enactments concerning” substitute “ Provision made under section 331 of the Armed Forces Act 2006 that applies in relation to ”.

12

• (1) Section 31 of that Act (liability of army and air force pensioners to recall) is amended as follows.

• (2) In subsection (6)—

• (a) in the definition of “service pension”—

• (i) for “regular forces” substitute “ regular army ”;

• (ii) for “regular air force” substitute “ Royal Air Force ”;

• (b) for the words from “and other expressions” to the end substitute—

“soldier” and “airman” include a warrant officer and a non-commissioned officer.

• (3) In subsection (7) for “those sections” substitute “ this section and section 32 ”.

13

• (1) Section 32 of that Act (occasion for and period of recall under section 31) is amended as follows.

• (2) In subsection (3)—

• (a) in paragraph (a) for “regular forces or the regular air force” substitute “ regular army or the Royal Air Force ”;

• (b) in paragraph (b) for the words from “section 2 of the Army” to “require” substitute “ regulations under section 328 of the Armed Forces Act 2006 ”.

• (3) In subsection (4)(a) for “as from which a person is recalled for” substitute “ the person is accepted (by virtue of section 36) into ”.

• (4) For subsection (5) substitute—

(5) No regulation under section 329 of the Armed Forces Act 2006 as to the term for which a person may be enlisted affects the operation of subsections (3) and (4) of this section.

14

In section 34(3) of that Act (liability of certain former soldiers to recall)—

• (a) for “regular forces within the meaning of the Army Act 1955” substitute “ regular army ”;

• (b) in paragraph (a) for “specified in the notice” substitute “ he is accepted into service ”.

15

In section 39(1)(a) of that Act (application of section 38) for “regular air force” substitute “ Royal Air Force ”.

16

Omit section 44 of that Act (requirement as to training of Ulster Defence Regiment).

17

In section 48 of that Act (void enlistment in the regular forces)—

• (a) in the sidenote, for “regular forces” substitute “ Royal Marines or regular army ”;

• (b) for “Her Majesty's regular forces” substitute “ the Royal Marines or the regular army ”.

18

Omit section 139 of that Act (enrolment etc of members of Ulster Defence Regiment).

19

In section 140 of that Act (orders and regulations as to service in Ulster Defence Regiment)—

• (a) in the sidenote, for “acceptance and service” substitute “ pensions and other grants ”;

• (b) for subsections (1) and (2) substitute—

(1) The conditions as to pensions and other grants in respect of death or disablement arising out of service in the Ulster Defence Regiment shall be such as may be prescribed by orders or regulations. (1A) The reference in subsection (1) to service in the Ulster Defence Regiment includes service in the regular army by a relevant person during the relevant period. (1B) In subsection (1A)— - “regular army” has the meaning given by section 374 of the Armed Forces Act 2006; - “relevant person” means a person who, immediately before 1 July 1992, was a member of the Ulster Defence Regiment; - “relevant period”, in relation to a relevant person, means the period beginning with 1 July 1992 and ending at the end of his term of service which was current on that date.

;

• (c) in subsection (3)—

• (i) for “Part of this Act” substitute “ section ”;

• (ii) in the words after paragraph (b) for “Part” substitute “ section ”.

20

Omit sections 141 to 144 of that Act (provisions relating to Ulster Defence Regiment).

21

In section 145 of that Act (reinstatement in civil employment) omit subsection (2).

22

In section 146 of that Act (protection of other civil interests) omit subsection (2).

23

• (1) Section 156 (interpretation) is amended as follows.

• (2) In subsection (1)—

• (a) in the definition of “prescribed” after “ “prescribed”” insert “ (except in subsections (3) to (5) and (7) of sections 19A and 21A and in section 140) ”;

• (b) omit the definition of “regular air force”;

• (c) for the definition of “regular army” substitute—

“the regular army” has the meaning given by section 374 of the Armed Forces Act 2006.

• (3) Omit subsection (2).

24

• (1) Schedule 8 to that Act (saving and transitional provisions) is amended as follows.

• (2) Omit paragraph 5(3).

• (3) Omit paragraph 10.

• (4) In paragraph 16—

• (a) omit sub-paragraph (2);

• (b) omit sub-paragraph (5);

• (c) in sub-paragraph (9) for “regular forces or for the regular air force” substitute “ regular army or for the Royal Air Force ”.

• (5) Omit paragraph 19.

Reserve Forces Act 1996 (c. 14)

25

In section 2(2)(a) of the Reserve Forces Act 1996 (membership of the reserve forces), for the words from “the Army Act 1955” to the end substitute “ regulations made under section 331 of the Armed Forces Act 2006; ”.

26

In section 4(1)(b) of that Act (orders and regulations concerning reserve forces), after “force” insert “ (except pay, bounty and allowances) ”.

27

Omit section 7 of that Act (provision with respect to pay, bounty and allowances).

28

In section 13(7) of that Act (transfer of non-officers between reserve forces), for the words from “by or under” to the end substitute “ under the Armed Forces Act 2006. ”

29

In section 15(1) of that Act (discharge by commanding officer) for the words “A commanding officer” to “his command,” substitute “ A man of a reserve force may be discharged by his commanding officer ”.

30

In section 24(2) of that Act (commitment to a period of full-time service) omit paragraph (b).

31

In section 25(2) of that Act (additional duties commitments)—

• (a) omit paragraph (a);

• (b) in paragraph (b), for “while subject to service law, shall” substitute “ shall, from any time specified in the commitment as the time at which he is to begin that period of duty until released from duty, ”.

32

In section 27 of that Act (voluntary training and other duties) omit subsection (3).

33

In each of sections 53, 55 and 57 of that Act (maximum duration of service on call-out), in subsection (8)—

• (a) at the end of paragraph (a) insert “ or ”;

• (b) omit paragraph (b).

34

After section 53 of that Act insert—

(53A) (1) This section applies to a person if— (a) he is not in service under a call-out order under section 52; and (b) if accepted into service under such a call-out order, he would be immediately entitled to release under section 53(6) or (10). (2) The person may agree in writing that, if he is accepted into service under a call-out order under section 52, in calculating when he is entitled to be released by virtue of section 53(6) or (10) any service of his under this Part or Part 4, 5 or 7 that occurred before he entered into the agreement is to be treated as not having occurred. (3) An agreement under subsection (2) may also provide that, if the person is accepted into service under a call-out order under section 52, section 53 shall apply in his case as if for the period of 3 years specified in subsection (6) there were substituted a shorter period specified in the agreement. (4) If an order under section 53(11) applies in relation to the person, subsection (3) above has effect as if the reference to the period of 3 years were to the period of 5 years.

35

After section 55 of that Act insert—

(55A) (1) This section applies to a person if— (a) he is not in service under a call-out order under section 54; and (b) if accepted into service under such a call-out order, he would be immediately entitled to release under section 55(6) or (10). (2) The person may agree in writing that, if he is accepted into service under a call-out order under section 54, in calculating when he is entitled to be released by virtue of section 55(6) or (10) any service of his under this Part or Part 4, 5 or 7 that occurred before he entered into the agreement is to be treated as not having occurred. (3) An agreement under subsection (2) may also provide that, if the person is accepted into service under a call-out order under section 54, section 55 shall apply in his case as if for the period of 12 months specified in subsection (6) there were substituted a shorter period specified in the agreement. (4) If an order under section 55(11) applies in relation to the person, subsection (3) above has effect as if the reference to the period of 12 months were to the period of 2 years.

36

After section 57 of that Act insert—

(57A) (1) This section applies to a person if— (a) he is not in service under a call-out order under section 56; and (b) if accepted into service under such a call-out order, he would be immediately entitled to release under section 57(6) or (10). (2) The person may agree in writing that, if he is accepted into service under a call-out order under section 56, in calculating when he is entitled to be released by virtue of section 57(6) or (10) any service of his under this Part or Part 4, 5 or 7 that occurred before he entered into the agreement is to be treated as not having occurred. (3) An agreement under subsection (2) may also provide that, if the person is accepted into service under a call-out order under section 56, section 57 shall apply in his case as if for the period of 9 months specified in subsection (6) there were substituted a shorter period specified in the agreement.

37

In section 66(2)(b) of that Act (persons who may be recalled) for “regular air force” substitute “ Royal Air Force ”.

38

In section 72 of that Act (release and discharge from service under recall order) omit subsections (5) and (6).

39

• (1) Section 95 of that Act (offences against orders and regulations under section 4) is amended as follows.

• (2) In subsection (1)—

• (a) omit paragraph (b);

• (b) in the words after paragraph (e), omit “triable by court-martial or summarily by a civil court”.

• (3) After that subsection insert—

(1A) A member of a reserve force (“A”) commits an offence if— (a) a superior officer (“B”), in pursuance of orders or regulations under section 4, is acting in the execution of his office; (b) A's behaviour towards B is threatening or disrespectful; and (c) A knows or has reasonable cause to believe that B is a superior officer. (1B) For the purposes of subsection (1A)— (a) “superior officer” has the same meaning as in the Armed Forces Act 2006; (b) section 11(3) of that Act (meaning of “behaviour” and “threatening”) applies. (1C) An offence under this section is triable summarily by a civil court (as well as being triable by the Court Martial).

• (4) In subsection (2)—

• (a) in paragraph (a) for the words from “court-martial” to the end substitute

the Court Martial— (i) in the case of an offence under subsection (1)(a) or (e) or (1A), to any punishment mentioned in rows 5 to 12 of the Table in section 164 of the Armed Forces Act 2006; (ii) in the case of an offence under subsection (1)(c) or (d), to any punishment mentioned in that Table, but any sentence of imprisonment or service detention imposed in respect of the offence must not exceed 51 weeks;

;

• (b) in paragraph (b)(i)—

• (i) omit “, (b),”;

• (ii) after “(e)” insert “ or (1A) ”.

• (5) For subsection (3) substitute—

(2A) For the purposes of determining the Court Martial's powers when sentencing an offender to whom Part 2 of Schedule 3 to the Armed Forces Act 2006 applies (ex-servicemen etc) for an offence under subsection (1)(a) or (e) or (1A), subsection (2)(a)(i) has effect as if the reference to rows 5 to 12 were to rows 5 to 10.

40

• (1) Section 96 of that Act (failure to attend for service on call out or recall) is amended as follows.

• (2) In subsection (1), for the words (after paragraph (c)) from “is guilty” to the end substitute “ is guilty of desertion (if section 8(2)(a) or (b) of the Armed Forces Act 2006 applies to him) or absence without leave (if neither of those provisions applies to him). ”

• (3) In subsection (3) for the words from “by court-martial” to the end substitute “ summarily by a civil court (as well as being triable by the Court Martial). ”

41

• (1) Section 97 of that Act (failure to attend for duty or training) is amended as follows.

• (2) In subsection (1), for the words (after paragraph (b)) from “is guilty” to the end substitute “ is guilty of desertion (if section 8(2)(a) or (b) of the Armed Forces Act 2006 applies to him) or absence without leave (if neither of those provisions applies to him). ”

• (3) In subsection (3) for the words from “by court-martial” to the end substitute “ summarily by a civil court (as well as being triable by the Court Martial). ”

42

• (1) Section 98 of that Act (trial and punishment of offences of desertion or absence without leave) is amended as follows.

• (2) In subsection (1)—

• (a) for the words from “section 37” to “1957” substitute “ section 8 or 9 of the Armed Forces Act 2006 ”;

• (b) for “as well as by court-martial” substitute “ (as well as being triable by the Court Martial) ”.

• (3) In subsection (2)—

• (a) for “court-martial” substitute “ the Court Martial ”;

• (b) for the words from “service law” to the end substitute “ section 8 or 9 (as the case may be) of the Armed Forces Act 2006. ”

• (4) In subsection (3)(b) for “service law of desertion or absence without leave” substitute “ section 8 or 9 of the Armed Forces Act 2006 ”.

• (5) In subsection (4)(a)—

• (a) for “court-martial” substitute “ the Court Martial ”;

• (b) for “service law of absence without leave” substitute “ section 9 of the Armed Forces Act 2006 ”.

• (6) Omit subsection (5).

• (7) After subsection (6) insert—

(7) Orders or regulations under section 4 may include provision for enabling a determination to be made in prescribed circumstances that subsection (6) is to cease to have effect in relation to a period of time or a part of a period of time.

43

Omit section 99 of that Act (false pretence of illegal absence).

44

For section 100 of that Act (arrest of deserters etc) substitute—

(100A) (1) An officer of a UK police force may arrest without warrant a person who is reasonably suspected of being a member of a reserve force, or a person liable to recall, who has deserted or is absent without leave. (2) If an authorised person is satisfied by evidence given under oath or affirmation that a relevant suspect is or is reasonably suspected of being within his jurisdiction, he may issue a warrant for the arrest of the relevant suspect. (3) In subsection (2)— - “authorised person” means a person who has authority in England and Wales, Scotland or Northern Ireland to issue a warrant for the arrest of a person suspected of an offence; - “relevant suspect” means a person reasonably suspected of being a member of a reserve force, or a person liable to recall, who has deserted, is absent without leave or has committed an offence under section 95. (4) In this section “UK police force” has the meaning given by section 375 of the Armed Forces Act 2006.

45

Omit section 102 of that Act (record of illegal absence).

46

In section 104 of that Act, omit subsection (3).

47

• (1) Section 105 of that Act (trial of offences by civil court) is amended as follows.

• (2) In subsection (1) for “which is triable by court-martial is also” substitute “ is (as well as being triable by the Court Martial) ”.

• (3) Omit subsection (2).

• (4) In subsection (3) for “an offence under service law (other than an offence of desertion or absence without leave)” substitute “ any service offence (other than an offence under this Act or an offence mentioned in section 98(1)) ”.

48

Omit section 106 of that Act.

49

In section 107 of that Act (time for institution of proceedings)—

• (a) in subsection (1)—

• (i) omit the words from “either—” to the end of paragraph (a);

• (ii) for “under service law” substitute “ a service offence ”;

• (b) after subsection (2) add—

(3) Subsection (2) applies to proceedings for an offence under section 96(1) committed by a person liable to recall as it applies to proceedings mentioned in subsection (1) of this section.

50

In section 108 of that Act (evidence) for subsections (1) and (2) substitute—

(1A) The Secretary of State may by regulations make provision with respect to evidence, including the admissibility of evidence, in proceedings before a civil court for an offence under this Act. (1B) Regulations under subsection (1A) shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

51

Omit section 124 of that Act (exemption from tolls etc).

52

Omit section 126 of that Act (amendments relating to transfers to reserves etc).

53

• (1) Section 127 of that Act (interpretation) is amended as follows.

• (2) In subsection (1)—

• (a) omit the definition of “regular air force”;

• (b) for the definition of “regular army” substitute—

“the regular army” has the meaning given by section 374 of the Armed Forces Act 2006;

;

• (c) in the definition of “regular services” for “regular air force” substitute “ Royal Air Force ”;

• (d) for the definition of “service law” substitute—

“service offence” has the meaning given by section 50 of the Armed Forces Act 2006;

.

• (3) After subsection (2) add—

(3) The officer who is the “commanding officer” of a person for the purposes of any provision of this Act shall be determined by or under regulations made by the Defence Council under this subsection. (4) Section 164(2) and (3) of the Armed Forces Act 2006 apply in relation to section 95(2)(a) of, and paragraph 5(3) of Schedule 1 to, this Act.

54

• (1) Schedule 1 to that Act (enlistment) is amended as follows.

• (2) For paragraph 2(1) substitute—

(1) An enlisting officer shall not enlist a person under the age of 18 unless consent to the enlistment has been given in writing by— (a) an appropriate person; or (b) if the person offering to enlist is living with more than one appropriate person, each of those appropriate persons. (1A) In this paragraph “appropriate person” means, in relation to a person offering to enlist, a person with— (a) parental responsibility (within the meaning of the Children Act 1989 or the Children (Northern Ireland) Order 1995) for him; or (b) parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to him.

• (3) In paragraph 2(2) for “appropriate minimum age” substitute “ age of 18 ”.

• (4) In paragraph 4(4) for “appropriate minimum age” substitute “ age of 18 ”.

• (5) In paragraph 5—

• (a) in sub-paragraph (1) omit “or recklessly”;

• (b) in sub-paragraph (2) for “subject to service law” substitute “ a member of the reserve forces ”;

• (c) in sub-paragraph (3) for the words from “has since” to the end substitute “ becomes a member of the reserve forces is liable on conviction by the Court Martial to any punishment mentioned in rows 2 to 12 of the Table in section 164 of the Armed Forces Act 2006. ”;

• (d) after that sub-paragraph add—

(4) For the purposes of determining the Court Martial's powers when sentencing an offender to whom Part 2 of Schedule 3 to the Armed Forces Act 2006 (ex-servicemen etc) applies for an offence under sub-paragraph (1), sub-paragraph (3) has effect as if the reference to rows 2 to 12 were to rows 2 to 10. (5) Where an offence under sub-paragraph (1) is committed by a person within sub-paragraph (3), the time for which he is for the purposes of section 62 of the Armed Forces Act 2006 (time limits for charging) to be regarded as being a relevant reservist (within the meaning of that section) includes the period from (and including) the time he committed the offence to the time he became a member of the reserve forces.

• (6) In paragraph 6(1) for “a court-martial” substitute “ the Court Martial ”.

• (7) Omit paragraph 7 and the heading before it.

55

Omit Schedule 2 to that Act (deserters and absentees without leave).

56

Omit Schedule 3 to that Act (evidence).

57

Omit Schedule 7 to that Act (postponement of transfer to the reserves or discharge from the reserves).

58

In Part 2 of Schedule 9 to that Act (transitional provisions) omit paragraphs 22 and 23.

59

In Schedule 10 to that Act (minor and consequential amendments) omit paragraphs 1 to 13 and 23.

SCHEDULE 15

Part 1 — Civilians subject to service discipline

Persons in one of Her Majesty’s aircraft in flight

1

• (1) A person is within this paragraph if he is in one of Her Majesty's aircraft in flight.

• (2) For the purposes of sub-paragraph (1) the period during which an aircraft is in flight includes—

• (a) any period from the moment when power is applied for the purpose of the aircraft taking off on a flight until the moment when the landing run (if any) at the termination of that flight ends;

• (b) any period when the aircraft is on the surface of the sea or navigable waters.

• (3) In sub-paragraph (2)(a) a “flight” means a journey by air beginning when the aircraft takes off and ending when it next lands.

• (4) In this paragraph “Her Majesty's aircraft” means all aircraft belonging to or used for the purposes of any of Her Majesty's forces.

Persons in one of Her Majesty’s ships afloat

2

• (1) A person is within this paragraph if he is in one of Her Majesty's ships afloat.

• (2) In this paragraph “Her Majesty's ships” means all ships belonging to or used for the purposes of any of Her Majesty's forces.

• (3) For the purposes of this paragraph “afloat” means not on shore.

Persons in service custody etc

3

• (1) A person is within this paragraph if—

• (a) he is in service custody; and

• (b) his being in service custody is lawful by virtue of any provision of or made under this Act.

• (2) A person is also within this paragraph if he is in the course of being arrested, or of having an attempted arrest made of him, by a person who has a duty under service law to apprehend him.

Crown servants in designated area working in support of Her Majesty’s forces

4

• (1) A person is within this paragraph (subject to paragraph 11) if—

• (a) he is a Crown servant;

• (b) his sole or main role is to work in support of any of Her Majesty's forces; and

• (c) either—

• (i) he is in a designated area, and his normal place of work in that role is in that designated area; or

• (ii) sub-paragraph (i) does not apply, but he is in a designated area and he came there wholly or partly for the purposes of his work in that role.

• (2) In this paragraph “Crown servant” means a person employed by or in the service of the Government of the United Kingdom.

Persons working for specified military organisations

5

• (1) A person is within this paragraph (subject to paragraph 11) if—

• (a) he is employed by or in the service of a specified naval, military or air-force organisation of which the United Kingdom is a member;

• (b) he is so employed by reason of the United Kingdom's membership of that organisation; and

• (c) either—

• (i) he is in a country outside the British Islands, and his normal place of work under that employment is in that country; or

• (ii) sub-paragraph (i) does not apply, but he is in a country outside the British Islands and he came there wholly or partly for the purposes of his work under that employment.

• (2) In this paragraph “specified” means specified by order of the Secretary of State under this paragraph.

Persons in designated area who are members or employees of other specified organisations

6

• (1) A person is within this paragraph (subject to paragraph 11) if—

• (a) he belongs to or is employed by a specified organisation; and

• (b) either—

• (i) he is in a designated area, and his normal place of work for that organisation is in that designated area; or

• (ii) sub-paragraph (i) does not apply, but he is in a designated area and he came there wholly or partly for the purposes of work for that organisation.

• (2) In this paragraph “specified organisation” means an organisation which—

• (a) does not fall within paragraph 5; and

• (b) is specified by order of the Secretary of State under this paragraph.

Persons designated by or on behalf of Defence Council

7

• (1) A person is within this paragraph (subject to paragraph 11) if—

• (a) he is designated for the purposes of this paragraph by or on behalf of the Defence Council or by an officer authorised by the Defence Council; and

• (b) he is outside the British Islands.

• (2) A person may be designated for the purposes of this paragraph only if it appears to the Defence Council or the authorised officer that it is desirable to do so—

• (a) in the interests of the person;

• (b) for the protection of other persons (whether or not members of any of Her Majesty's forces); or

• (c) for the purpose of maintaining good order and discipline.

• (3) In deciding whether to designate a person for the purposes of this paragraph, the Defence Council or the authorised officer must have regard in particular to—

• (a) the characteristics of the justice system (if any) in any country or territory where the person is or is likely to be;

• (b) the terms of any treaty, agreement or arrangement relating to the legal status, or the treatment, of visiting forces to which the United Kingdom and any such country or territory are parties;

• (c) the likelihood of the person's being subject to the law applicable to the armed forces of any country or territory outside the British Islands.

• (4) A designation under this paragraph—

• (a) may designate persons by name or by description;

• (b) may provide, in relation to any person designated by it, that it applies to him only for a specified period or in specified circumstances;

• (c) may be withdrawn by any person entitled to make designations under this paragraph.

• (5) In sub-paragraph (4) “specified” means specified by the designation.

Persons residing or staying with person subject to service law in designated area

8

A person is within this paragraph (subject to paragraph 11) if—

• (a) he resides or is staying with a person subject to service law in a designated area; and

• (b) he is in that designated area.

Persons residing or staying with person falling within paragraph 4 or 6 in designated area

9

• (1) A person is within this paragraph (subject to paragraph 11) if—

• (a) he resides or is staying with a relevant person in a designated area; and

• (b) he is in that designated area.

• (2) In this paragraph a “relevant person” means a person who—

• (a) falls within paragraph 4 or 6; or

• (b) would fall within paragraph 4 or 6, but for paragraph 11 or his not being in a designated area.

Persons residing or staying with person falling within paragraph 5

10

• (1) A person is within this paragraph (subject to paragraph 11) if—

• (a) he resides or is staying with a qualifying person in a relevant country; and

• (b) he is in that country.

• (2) In this paragraph a qualifying person means a person who—

• (a) falls within paragraph 5; or

• (b) would fall within paragraph 5, but for paragraph 11 or his not being in a relevant country.

• (3) For the purposes of this paragraph, a country is “relevant” in relation to a person employed as mentioned in paragraph 5 if it is outside the British Islands and—

• (a) is where that person's normal place of work under that employment is situated; or

• (b) is a country to which that person came wholly or partly for the purposes of his work under that employment.

Part 2 — Exclusion and definitions

Exclusion

11

• (1) A person who is not a United Kingdom national is not within any of paragraphs 4 to 10 at any time when he is in a country—

• (a) of which he is a national; or

• (b) in which he is ordinarily resident.

• (2) In this paragraph a “United Kingdom national” means an individual who is—

• (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;

• (b) a person who under the British Nationality Act 1981 (c. 61) is a British subject; or

• (c) a British protected person within the meaning of that Act.

• (3) In determining for the purposes of this paragraph whether a person is ordinarily resident in a country, no account shall be taken of any period during which he has been or intends to be present there while falling (apart from this paragraph) within any of paragraphs 4 to 10.

Definitions

12

• (1) In this Schedule “designated area” means an area which—

• (a) is outside the British Islands; and

• (b) is designated for the purposes of this Schedule by an order made by the Secretary of State.

• (2) An area designated for the purposes of this Schedule may consist of two or more areas (whether or not contiguous).

13

In this Schedule references to a person residing or staying with another person include references to the person—

• (a) being about to reside or stay with the other person; and

• (b) departing after residing or staying with him.

SCHEDULE 16

Metropolitan Police Act 1860 (c. 135)

1

In section 2 of the Metropolitan Police Act 1860 (swearing of constables to act on military land etc), for “subject to naval or marine or military or air force discipline” substitute “ who are subject to service law, or are civilians subject to service discipline, within the meaning of the Armed Forces Act 2006 ”.

Naval and Marine Pay and Pensions Act 1865 (c. 73)

2

In section 3 of the Naval and Marine Pay and Pensions Act 1865 (payment of naval and marine pay and pensions according to Order in Council) for the words from “pay” to “thereof” substitute “ pensions and grants ”.

3

In section 9 of that Act (Order in Council not to contain provision inconsistent with Naval Discipline Act), for the words from “pay” to the end substitute “ pensions contained in the Armed Forces Act 2006. ”

Naval Pensions Act 1884 (c. 44)

4

In section 2 of the Naval Pensions Act 1884 (application of certain enactments to Greenwich Hospital pensions), for “or section 128G of the Naval Discipline Act 1957” substitute “ or section 356 of the Armed Forces Act 2006 ”.

Foreign Marriage Act 1892 (c. 23)

5

In section 22 of the Foreign Marriage Act 1892 (marriages abroad by members of armed forces etc)—

• (a) in subsection (1A)—

• (i) in paragraph (a)(i) for the words from “employed” to the end substitute “ a relevant civilian who is employed in that territory; or ”;

• (ii) in paragraph (b) for “so prescribed” substitute “ prescribed by Order in Council ”;

• (b) after that subsection insert—

(1AA) In subsection (1A)(a)(i) “relevant civilian” means a civilian subject to service discipline (within the meaning of the Armed Forces Act 2006) of a description prescribed by Order in Council.

Regimental Debts Act 1893 (c. 5)

6

In the Regimental Debts Act 1893, for the words “military law”, in each place, substitute “ service law ”.

7

In section 23 of that Act (application of Act to deserters etc), omit the words “is sentenced to death or”.

8

In section 29 of that Act (definitions)—

• (a) in the definition of “desert” for the words from “against paragraph (a)” to the end substitute “ under section 8 of the Armed Forces Act 2006; ”;

• (b) for the words after that definition substitute—

“Subject to service law” has the same meaning as in the Armed Forces Act 2006.

9

After that section insert—

(29A) (1) Regulations may provide that any provision of this Act does not apply, or applies with prescribed modifications, in relation to a relevant person. (2) In this section “relevant person” means a person subject to service law who is not a member of Her Majesty's military forces.

10

In section 33 of that Act (short title) for “Regimental Debts Act 1893” substitute “ Debts (Deceased Servicemen etc) Act 1893 ”.

Uniforms Act 1894 (c. 45)

11

In section 4 of the Uniforms Act 1894 (interpretation)—

• (a) in the definition of “Her Majesty's Military Forces”, for “Army Act 1955” substitute “ Armed Forces Act 2006 ”;

• (b) for the definition of “Her Majesty's Naval Forces” substitute—

“Her Majesty's Naval Forces” does not include any Commonwealth force.

Criminal Evidence Act 1898 (c. 36)

12

• (1) Section 6 of the Criminal Evidence Act 1898 (application of Act) is amended as follows.

• (2) In subsection (1) omit the words from “including” to the end.

• (3) After that subsection insert—

(1A) This Act applies in relation to service proceedings as it applies in relation to criminal proceedings before a court in England and Wales. (1B) In this section “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and “service offence” and “civilian court” here have the same meanings as in the Armed Forces Act 2006.

Air Force (Constitution) Act 1917 (c. 51)

13

In section 2(1) of the Air Force (Constitution) Act 1917 (government, discipline and pay of the Royal Air Force)—

• (a) omit “, pay, allowances,”;

• (b) after “Air Force”, in the second place where it occurs, insert “ (except pay and allowances) ”.

Visiting Forces (British Commonwealth) Act 1933 (c. 6)

14

• (1) Section 4 of the Visiting Forces (British Commonwealth) Act 1933 (attached personnel) is amended as follows.

• (2) In subsection (2)(ii), for the words from the beginning to “may” substitute “ may, with his consent, ”.

• (3) In subsection (3)—

• (a) for the words before the proviso substitute—

(3) While a member of another force is by virtue of this section attached temporarily to a home force— (a) he is subject to service law for the purposes of the Armed Forces Act 2006 at all times at which he would be so subject if he were a member of that force; and (b) he shall be treated as if he were a member of the home force of relative rank:

;

• (b) in the proviso, for the words from “the Naval Discipline Act” to “as the case may be,” substitute “ the Armed Forces Act 2006 ”.

Defence (Armed Forces) Regulations 1939 (S.I. 1939/1304)

15

In Regulation 6 of the Defence (Armed Forces) Regulations 1939—

• (a) for “the Naval Discipline Act, military law or air-force law” substitute “ service law within the meaning of the Armed Forces Act 2006 ”;

• (b) omit the words from “within the meaning of” to the end;

and the text of the Regulation set out in Part C of Schedule 2 to the Emergency Laws (Repeal) Act 1959 (c. 19) is amended accordingly.

Courts-Martial (Appeals) Act 1951 (c. 46)

16

In section 29 of the Courts-Martial (Appeal) Act 1951 (appointment of Judge Advocate General) for “His Majesty's regular, auxiliary and reserve land and air forces” substitute “ Her Majesty's regular and reserve naval, land and air forces ”.

Prison Act 1952 (c. 52)

17

In section 43 of the Prison Act 1952 (young offender institutions etc), after subsection (7) add—

(8) The application of this Act to a person on whom a custodial sentence (within the meaning of the Armed Forces Act 2006) has been passed in respect of a service offence (within the meaning of that Act) is not affected by the omission from subsection (1) of a reference to that sentence.

Visiting Forces Act 1952 (c. 67)

18

• (1) Section 13 of the Visiting Forces Act 1952 (apprehension etc of deserters and absentees of visiting forces) is amended as follows.

• (2) In subsection (1)—

• (a) for the words from “sections one hundred and eighty-six” to “regular forces)” substitute “ sections 314 to 317 of the Armed Forces Act 2006 (which relate to the apprehension and transfer to service custody of deserters and absentees without leave who are subject to service law) ”;

• (b) for “from the regular forces” substitute “ who are subject to service law ”.

• (3) In subsection (2) for the words from “the said sections” to “eighty-eight” substitute “ sections 314 and 315 of that Act ”.

• (4) For subsection (3) substitute—

(3) In sections 315 to 317 of that Act as applied by subsection (1) above— (a) references to the transfer of a person to service custody are to be read as references to the handing over of that person to such authority of the country to which he belongs, at such place in the United Kingdom, as may be designated by the appropriate authority of that country; (b) references to the taking of a person into service custody are to be read as references to the taking of a person into the custody of such authority of the country to which he belongs as may be designated by the appropriate authority of that country.

19

In section 14 of that Act (evidence for purposes of section 13) for “Army Act 1955” substitute “ Armed Forces Act 2006 ”.

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Naval Discipline Act 1957 (c. 53)

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58)

39

• (1) Section 1 of the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (records of births, marriages and deaths among armed forces etc overseas) is amended as follows.

• (2) In subsection (1)—

• (a) omit the words “, or among the families of”;

• (b) for paragraph (b) substitute—

(b) civilians subject to service discipline.

• (3) In subsection (3)—

• (a) for the words from “, or the family” to “of this section” substitute “ a civilian subject to service discipline ”;

• (b) for “more particular description” substitute “ particular description of such civilians ”.

• (4) For subsection (5) substitute—

(6) In this section “civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006.

40

In section 2(1) of that Act (records of births and deaths in HM ships and aircraft etc)—

• (a) omit paragraphs (a) and (b);

• (b) in paragraph (c) for “such an aircraft” substitute “ one of Her Majesty's aircraft (as defined by paragraph 1(4) of Schedule 15 to the Armed Forces Act 2006) ”.

41

In section 4 of that Act (validation of certain entries)—

• (a) in subsection (1) for the words from “of any description” to “section one of this Act” substitute “ within subsection (1A) below ”;

• (b) after that subsection insert—

(1A) A person is within this subsection if— (a) he serves Her Majesty in, or is otherwise employed in any capacity connected with, Her Majesty's naval, military or air forces; or (b) he belongs to or is employed by any organisation concerned with the welfare of members of those forces.

42

In section 5(1)(b) of that Act (registration of births of legitimated persons), for the words from “a person of” to the end substitute “ a civilian subject to service discipline (within the meaning of the Armed Forces Act 2006), ”.

Public Records Act 1958 (c. 51)

43

In Schedule 1 to the Public Records Act 1958 (definition of public records), in paragraph 4(1), after paragraph (f) insert—

(fa) records of the Court Martial, the Summary Appeal Court or the Service Civilian Court;

.

Coroners Act (Northern Ireland) 1959 (c. 15)

44

In section 18 of the Coroners Act (Northern Ireland) 1959 (jury to be summoned in certain cases), after subsection (3) add—

(4) This section and section 39(3) of the Prison Act (Northern Ireland) 1953 (prison officers etc not to be jurors) shall apply where a death occurs on service custody premises within the meaning of section 300 of the Armed Forces Act 2006 as they apply where a death occurs in prison.

Administration of Justice Act 1960 (c. 65)

45

• (1) Section 13 of the Administration of Justice Act 1960 (appeal in cases of contempt of court) is amended as follows.

• (2) In subsection (2)(c) for “and from an order or decision of the Court of Criminal Appeal or the Courts-Martial Appeal Court” substitute “ and from an order or decision (except one made in Scotland or Northern Ireland) of the Court Martial Appeal Court ”.

• (3) In subsection (5) after paragraph (c) insert—

(d) to an order or decision (except one made in Scotland or Northern Ireland) of the Court Martial, the Summary Appeal Court or the Service Civilian Court under section 309 of the Armed Forces Act 2006,

.

Criminal Justice Act 1961 (c. 39)

46

In section 22 of the Criminal Justice Act 1961 (assisting escaped prisoners etc), for subsection (3) substitute—

(2A) The reference in subsection (2) to a person who has been sentenced as mentioned there includes— (a) a person on whom a custodial sentence within the meaning of the Armed Forces Act 2006 has been passed (anywhere) in respect of a service offence within the meaning of that Act; (b) a person in respect of whom an order under section 214 of that Act (detention for commission of offence during currency of order) has been made.

47

In section 39 of that Act (interpretation) for subsection (2) substitute—

(2) Except as otherwise expressly provided, references in this Act to a court do not include the Court Martial, the Summary Appeal Court, the Service Civilian Court, the Court Martial Appeal Court or the Supreme Court on an appeal brought from the Court Martial Appeal Court.

Parliamentary Commissioner Act 1967 (c. 13)

48

In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to investigation)—

• (a) in paragraph 6 for the words from “proceedings at any place” to “Air Force Act 1955” substitute “ service law proceedings (as defined by section 324(5) of the Armed Forces Act 2006) (anywhere) ”;

• (b) in paragraph 7 for “Courts-Martial Appeal Court” substitute “ Court Martial Appeal Court ”.

Criminal Justice Act 1967 (c. 80)

49

In section 72 of the Criminal Justice Act 1967 (power to issue warrant for arrest of escaped prisoners etc) after subsection (5) add—

(6) References in this section to offences include service offences within the meaning of the Armed Forces Act 2006.

50

In section 104(1) of that Act (interpretation), in the definition of “court” for “a court-martial” substitute “ the Court Martial, the Summary Appeal Court, the Service Civilian Court, the Court Martial Appeal Court or the Supreme Court on an appeal brought from the Court Martial Appeal Court ”.

Civil Evidence Act 1968 (c. 64)

51

• (1) Section 11 of the Civil Evidence Act 1968 (convictions as evidence in civil proceedings) is amended as follows.

• (2) In subsection (1) for “by a court-martial there or elsewhere” substitute “ of a service offence (anywhere) ”.

• (3) In subsection (2) for “by a court-martial there or elsewhere” substitute “ of a service offence ”.

• (4) In subsection (5) after paragraph (a) insert—

(aa) section 187 of the Armed Forces Act 2006 (which makes similar provision in respect of service convictions);

.

• (5) For subsection (6) substitute—

(7) In this section— - “service offence” has the same meaning as in the Armed Forces Act 2006; - “conviction” includes anything that under section 376(1) and (2) of that Act is to be treated as a conviction, and “convicted” is to be read accordingly.

52

In section 13 of that Act (conclusiveness of convictions for purposes of defamation actions)—

• (a) in subsection (3) for “by a court-martial there or elsewhere” substitute “ (in the case of a service offence) a conviction (anywhere) of that service offence ”;

• (b) in subsection (4) for “(6)” substitute “ (7) ”.

53

In section 18 of that Act (general interpretation etc)—

• (a) in subsection (2), in the definition of “court” for “court-martial” substitute “ service court ”;

• (b) after that subsection insert—

(2A) In subsection (2) “service court” means the Court Martial, the Summary Appeal Court, the Service Civilian Court, the Court Martial Appeal Court or the Supreme Court on an appeal brought from the Court Martial Appeal Court.

Equal Pay Act 1970 (c. 41)

54

• (1) Section 7A of the Equal Pay Act 1970 (service pay and conditions) is amended as follows.

• (2) In subsection (5)—

• (a) in paragraph (a) for the words from “a complaint” to “those procedures” substitute “ a service complaint in respect of the claim ”;

• (b) in paragraph (b) for “complaint” substitute “ service complaint ”.

• (3) In subsection (7), for “the service redress procedures” substitute “ the service complaint procedures ”.

• (4) In subsection (12), for the definition of “the service redress procedures” substitute—

“service complaint” means a complaint under section 334 of the Armed Forces Act 2006; “the service complaint procedures” means the procedures prescribed by regulations under that section.

55

In section 7AB of that Act (“arrears date” for purposes of section 7A(9)(a) (proceedings in England and Wales))—

• (a) in subsection (2), in paragraph (b) of the definitions of “concealment case” and “disability case”, for “complaint under the service redress procedures” substitute “ service complaint ”;

• (b) in subsection (3) for “complaint under the service redress procedures” substitute “ service complaint ”;

• (c) in subsection (5) for the words from “complaint” to the end substitute “ service complaint having been made. ”;

• (d) in subsection (6) for “complaint under the service redress procedures” substitute “ service complaint ”.

56

In section 7AC of that Act (determination of “period” for purposes of section 7A(9)(b) (proceedings in Scotland))—

• (a) in subsection (2) for “complaint under the service redress procedures” substitute “ service complaint ”;

• (b) in subsection (4) for the words from “complaint” to the end substitute “ service complaint having been made. ”;

• (c) in subsection (5) for “complaint under the service redress procedures” substitute “ service complaint ”.

Equal Pay Act (Northern Ireland) 1970 (c. 32)

57

• (1) Section 6A of the Equal Pay Act (Northern Ireland) 1970 (service pay and conditions) is amended as follows.

• (2) In subsection (5)—

• (a) in paragraph (a) for the words from “a complaint” to “those procedures” substitute “ a service complaint in respect of the claim ”;

• (b) in paragraph (b) for “complaint” substitute “ service complaint ”.

• (3) In subsection (7), for “the service redress procedures” substitute “ the service complaint procedures ”.

• (4) In subsection (12), for the definition of “the service redress procedures” substitute—

“service complaint” means a complaint under section 334 of the Armed Forces Act 2006; “the service complaint procedures” means the procedures prescribed by regulations under that section.

58

In section 6AB of that Act (“arrears date” in proceedings under section 6A(9))—

• (a) in subsection (2), in paragraph (b) of the definitions of “concealment case” and “disability case”, for “complaint under the service redress procedures” substitute “ service complaint ”;

• (b) in subsection (3) for “complaint under the service redress procedures” substitute “ service complaint ”;

• (c) in subsection (5) for the words from “complaint” to the end substitute “ service complaint having been made. ”;

• (d) in subsection (6) for “complaint under the service redress procedures” substitute “ service complaint ”.

Civil Evidence Act (Northern Ireland) 1971 (c. 36)

59

• (1) Section 7 of the Civil Evidence Act (Northern Ireland) 1971 (convictions as evidence in civil proceedings) is amended as follows.

• (2) In subsection (1) for “by a court-martial there or elsewhere” substitute “ of a service offence (anywhere) ”.

• (3) In subsection (2) for “by a court-martial there or elsewhere” substitute “ of a service offence ”.

• (4) In subsection (5) after paragraph (b) insert—

(bb) section 187 of the Armed Forces Act 2006 (which makes similar provision in respect of service convictions);

.

• (5) For subsection (6) substitute—

(7) In this section— - “service offence” has the same meaning as in the Armed Forces Act 2006; - “conviction” includes anything that under section 376(1) and (2) of that Act is to be treated as a conviction, and “convicted” is to be read accordingly.

60

In section 9 of that Act (conclusiveness of convictions for purposes of defamation actions)—

• (a) in subsection (3) for “by a court-martial there or elsewhere” substitute “ (in the case of a service offence) a conviction (anywhere) of that service offence ”;

• (b) in subsection (4) for “(6)” substitute “ (7) ”.

61

In section 14 of that Act (general interpretation etc)—

• (a) in subsection (2), in the definition of “court” for “court-martial” substitute “ service court ”;

• (b) after that subsection insert—

(2A) In subsection (2) “service court” means the Court Martial, the Summary Appeal Court, the Service Civilian Court, the Court Martial Appeal Court or the Supreme Court on an appeal brought from the Court Martial Appeal Court.

Juries Act 1974 (c. 23)

62

In Schedule 1 to the Juries Act 1974 (persons disqualified from jury service, etc)—

• (a) in paragraph 7(c) after “Channel Islands” insert “ or a service community order or overseas community order under the Armed Forces Act 2006 ”;

• (b) in paragraph 8(a) for “by a court-martial” substitute “ (anywhere) in respect of a service offence within the meaning of the Armed Forces Act 2006 ”.

Rehabilitation of Offenders Act 1974 (c. 53)

63

In section 1 of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions), in subsection (4) after “2000” insert “ or section 187 of the Armed Forces Act 2006 ”.

64

In section 2 of that Act (rehabilitation of persons dealt with in service disciplinary proceedings)—

• (a) in subsection (5) after “any of the following—” insert—

(za) any proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006 (except proceedings before a civilian court within the meaning of that Act);

;

• (b) after that subsection add—

(6) Section 376(1) to (3) of the Armed Forces Act 2006 (“conviction” and “sentence” in relation to summary hearings and the SAC) apply for the purposes of this Act as they apply for the purposes of that Act.

65

• (1) Section 5 of that Act (rehabilitation periods for particular sentences) is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (d)—

• (i) after “Powers of Criminal Courts (Sentencing) Act 2000,” insert “ or under section 209 or 218 of the Armed Forces Act 2006, ”;

• (ii) after “said Act of 2000” insert “ or section 209 of the said Act of 2006 ”;

• (iii) omit “or a corresponding court-martial punishment”;

• (b) in paragraph (f), at the end insert “ (including any sentence within this paragraph passed as a result of any of sections 219 to 222 of the Armed Forces Act 2006) ”.

• (3) For subsection (1A) substitute—

(1A) In subsection (1)(d)— (a) references to section 209 of the Armed Forces Act 2006 include references to section 71A(4) of the Army Act 1955 or Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957; (b) the reference to section 218 of the Armed Forces Act 2006 includes a reference to section 71A(3) of the Army Act 1955 or Air Force Act 1955 or section 43A(3) of the Naval Discipline Act 1957.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66

In the Schedule to that Act (service disciplinary convictions referred to in section 6(6)(bb)), after paragraph 6 add—

(7) Any service offence within the meaning of the Armed Forces Act 2006 except one punishable in the case of an offender aged 18 or over with imprisonment for more than two years.

House of Commons Disqualification Act 1975 (c. 24)

67

In section 1 of the House of Commons Disqualification Act 1975 (disqualification of holders of certain offices)—

• (a) in subsection (1)(c) omit “or the Ulster Defence Regiment”;

• (b) in subsection (3), in the definition of “regular armed forces of the Crown”, for the words from “the regular forces” to the end substitute “ the Royal Marines, the regular army (as defined by section 374 of the Armed Forces Act 2006) or the Royal Air Force. ”

68

In Part 1 of Schedule 1 to that Act (judicial offices disqualifying for membership), for “Judge of the Courts-Martial Appeal Court.” substitute “ Judge of the Court Martial Appeal Court. ”

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

69

In section 1 of the Northern Ireland Assembly Disqualification Act 1975 (disqualification of holders of certain offices)—

• (a) in subsection (1)(c) omit the words from “or” to the end;

• (b) in subsection (2), in the definition of “regular armed forces of the Crown”, for the words from “the regular forces” to the end substitute “ the Royal Marines, the regular army (as defined by section 374 of the Armed Forces Act 2006) or the Royal Air Force. ”

70

In Part 1 of Schedule 1 to that Act (judicial offices disqualifying for membership), for “Judge of the Courts-Martial Appeal Court.” substitute “ Judge of the Court Martial Appeal Court. ”

Sex Discrimination Act 1975 (c. 65)

71

• (1) Section 85 of the Sex Discrimination Act 1975 (application to Crown etc) is amended as follows.

• (2) In subsection (9B)—

• (a) in paragraph (a) for the words from “a complaint” to “those procedures” substitute “ a service complaint in respect of the act complained of ”;

• (b) in paragraph (b) for “complaint” substitute “ service complaint ”.

• (3) In subsection (9D) for “the service redress procedures” substitute “ the service complaint procedures ”.

• (4) In subsection (10) for the definition of “the service redress procedures” substitute—

“service complaint” means a complaint under section 334 of the Armed Forces Act 2006; “the service complaint procedures” means the procedures prescribed by regulations under that section;

.

Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14)

72

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Bail Act 1976 (c. 63)

73

In section 2(2) of the Bail Act 1976 (definitions), for the definition of “Courts-Martial Appeal rules” substitute—

Court Martial Appeal Rules” means rules made under section 49 of the Court Martial Appeals Act 1968,

.

74

In section 5(10) of that Act (meaning of “prescribed” for purposes of section 5), for “Courts-Martial Appeal rules” substitute “ Court Martial Appeal Rules ”.

75

In section 6(9)(c)(v) of that Act (meaning of the “appropriate officer” of the court), for “Courts-Martial Appeal Court” substitute “ Court Martial Appeal Court ”.

76

In section 8(4) of that Act (persons before whom recognizance may be entered into)—

• (a) in paragraph (d)—

• (i) for “Courts-Martial Appeal Court” substitute “ Court Martial Appeal Court ”;

• (ii) for “Courts-Martial Appeal rules” substitute “ Court Martial Appeal Rules ”;

• (b) in the words after paragraph (d) for “Courts-Martial Appeal rules” substitute “ Court Martial Appeal Rules ”.

77

In section 13(3) of that Act (application of Act), for “Courts-Martial Appeal Court” substitute “ Court Martial Appeal Court ”.

78

In Schedule 1 to that Act (persons entitled to bail: supplementary provisions)—

• (a) in paragraph 4 of each of Parts 1 and 2, for the words from “the sentence” to the end substitute “ a sentence of a court or a sentence imposed by an officer under the Armed Forces Act 2006. ”; and

• (b) in paragraph 4 of Part 3 omit the definition of “the Services Acts”.

Race Relations Act 1976 (c. 74)

79

In section 57(4B) of the Race Relations Act 1976 (claims under Part 3), in the words after the definition of “public investigator functions”, for the words from “any offence” to “1957” substitute “ any service offence within the meaning of the Armed Forces Act 2006 ”.

80

• (1) Section 75 of that Act (application to Crown etc) is amended as follows.

• (2) In subsection (9)—

• (a) in paragraph (a) for the words from “a complaint” to “those procedures” substitute “ a service complaint in respect of the act complained of ”;

• (b) in paragraph (b) for “complaint” substitute “ service complaint ”.

• (3) In subsection (9B) for “the service redress procedures” substitute “ the service complaint procedures ”.

• (4) In subsection (10), for paragraph (ab) substitute—

(ac) “service complaint” means a complaint under section 334 of the Armed Forces Act 2006; (ad) “the service complaint procedures” means the procedures prescribed by regulations under that section;

.

81

In section 78(1) of that Act (general interpretation provisions), for the definition of “criminal proceedings” substitute—

“criminal proceedings” includes service law proceedings (as defined by section 324(5) of the Armed Forces Act 2006);

.

Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))

82

• (1) Article 82 of the Sex Discrimination (Northern Ireland) Order 1976 (application to Crown etc) is amended as follows.

• (2) In paragraph (9B)—

• (a) in sub-paragraph (a) for the words from “a complaint” to “those procedures” substitute “ a service complaint in respect of the act complained of ”;

• (b) in sub-paragraph (b) for “complaint” substitute “ service complaint ”.

• (3) In paragraph (9D) for “the service redress procedures” substitute “ the service complaint procedures ”.

• (4) In paragraph (10) for the definition of “the service redress procedures” substitute—

“service complaint” means a complaint under section 334 of the Armed Forces Act 2006; “the service complaint procedures” means the procedures prescribed by regulations under that section;

.

Judicature (Northern Ireland) Act 1978 (c. 23)

83

In section 44 of the Judicature (Northern Ireland) Act 1978 (appeals in cases of contempt of court)—

• (a) in subsection (2)(b) for “Courts-Martial Appeal Court” substitute “ Court Martial Appeal Court ”;

• (b) in subsection (5) after paragraph (c) insert—

(d) to an order or decision of the Court Martial or the Summary Appeal Court under section 309 of the Armed Forces Act 2006;

.

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

84

In Article 2 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (interpretation), in paragraph (2), in the definition of “service disciplinary proceedings”, after “any of the following—” insert—

(za) any proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006 (except proceedings before a civilian court within the meaning of that Act);

.

85

In Article 4 of that Order (rehabilitation of persons dealt with in service disciplinary proceedings), after paragraph (1) insert—

(1A) Section 376(1) to (3) of the Armed Forces Act 2006 (“conviction” and “sentence” in relation to summary hearings and the SAC) apply for the purposes of this Order as they apply for the purposes of that Act.

86

• (1) Article 6 of that Order (rehabilitation periods for particular sentences) is amended as follows.

• (2) In paragraph (1)—

• (a) in sub-paragraph (c) omit the “and” at the end;

• (b) in sub-paragraph (d) omit “or a corresponding court-martial punishment”;

• (c) after that sub-paragraph insert—

(e) a sentence of detention for life, or for a term exceeding thirty months, passed under section 209 of the Armed Forces Act 2006; (f) a sentence of detention during Her Majesty's pleasure under section 218 of that Act; and (g) any of the following passed as a result of any of sections 219 to 222 of that Act— (i) a sentence of imprisonment for public protection under section 225 of the Criminal Justice Act 2003; (ii) a sentence of detention for public protection under section 226 of that Act; (iii) an extended sentence under section 227 or 228 of that Act;

.

• (3) In paragraph (2)—

• (a) in Table A, in the fifth entry for “Any sentence of detention” substitute “ Any sentence of service detention within the meaning of the Armed Forces Act 2006, or any sentence of detention corresponding to such a sentence, ”;

• (b) in Table B—

• (i) in the fourth entry, after “1998” insert “ or under section 209 of the Armed Forces Act 2006 ”;

• (ii) in the fifth entry, after “Article 45” insert “ or that section 209 ”.

• (4) After paragraph (4) insert—

(4A) Where in respect of a conviction an order under section 211 of the Armed Forces Act 2006 (detention and training order) was made, the rehabilitation period applicable to the sentence shall be— (a) in the case of a person aged 15 or over on conviction, five years if the order was for a term exceeding six months, or three and a half years if it was for six months or less; (b) in the case of a person aged under 15 on conviction, a period beginning with the date of conviction and ending one year after the date on which the order ceases to have effect. (4B) Where in respect of a conviction a service community order under the Armed Forces Act 2006 or an overseas community order under that Act was made, the rehabilitation period applicable to the sentence shall be— (a) in the case of a person aged 18 or over on conviction, 5 years from the date of conviction; (b) in the case of a person aged under 18 on conviction, two and a half years from the date of conviction or a period beginning with the date of conviction and ending when the order ceases to have effect, whichever is the longer.

• (5) In paragraph (9)—

• (a) omit sub-paragraph (a);

• (b) in sub-paragraph (c) after “1998” insert “ or section 209 of the Armed Forces Act 2006 ”.

• (6) After paragraph (9) insert—

(9A) In this Article— (a) references in paragraphs (1) and (2) to section 209 of the Armed Forces Act 2006 include references to section 71A(4) of the Army Act 1955 or Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957; (b) the reference in paragraph (1) to section 218 of the Armed Forces Act 2006 includes a reference to section 71A(3) of the Army Act 1955 or Air Force Act 1955 or section 43A(3) of the Naval Discipline Act 1957.

87

In the Schedule to that Order (service disciplinary convictions referred to in Article 7(6)(bb)), after paragraph 6 add—

(7) Any service offence within the meaning of the Armed Forces Act 2006 except one punishable in the case of an offender aged 18 or over with imprisonment for more than two years.

Magistrates' Courts Act 1980 (c. 43)

88

In section 19(5) of the Magistrates' Courts Act 1980 (decision as to allocation), for paragraph (b) substitute—