Search Legislation

Armed Forces Act 2006

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Paragraph 105

 Help about opening options

Changes to legislation:

Armed Forces Act 2006, Paragraph 105 is up to date with all changes known to be in force on or before 06 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

This section has no associated Explanatory Notes

105(1)Section 113 of that Act (application of Act to armed forces) is amended as follows.U.K.

(2)For subsection (1) substitute—

(1)The Secretary of State may by order make provision in relation to—

(a)investigations of service offences,

(b)persons arrested under a power conferred by or under the Armed Forces Act 2006,

(c)persons charged under that Act with service offences,

(d)persons in service custody, or

(e)persons convicted of service offences,

which is equivalent to that made by any provision of Part 5 of this Act (or this Part of this Act so far as relating to that Part), subject to such modifications as the Secretary of State considers appropriate.

(3)In subsection (2) for the words from “offences” to the end substitute “ service offences ”.

(4)In subsection (3) for the words from “concerned with” to the end substitute concerned with—

(a)the exercise of powers conferred by or under Part 3 of the Armed Forces Act 2006; or

(b)investigations of service offences.

(5)In subsection (4) for “enquiries” substitute “ investigations ”.

(6)For subsection (9) substitute—

(9)Subsection (8) above applies to proceedings in respect of an offence under a provision of Part 1 of the Armed Forces Act 2006 other than section 42 (criminal conduct).

(7)Omit subsection (11).

(8)In subsection (12) for the words from “proceedings” to the end of paragraph (c) substitute “ service proceedings ”.

(9)After that subsection insert—

(12A)In this section—

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

  • criminal proceedings” includes service proceedings;

  • service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and

  • civilian court” has the meaning given by section 374 of the Armed Forces Act 2006;

and section 376(1) and (2) of that Act (meaning of “convicted” in relation to summary hearings and the SAC) apply for the purposes of subsection (1)(e) above as they apply for the purposes of that Act.

(10)After subsection (13) add—

(14)Section 373(5) and (6) of the Armed Forces Act 2006 (supplementary provisions) apply in relation to an order under this section as they apply in relation to an order under that Act.

Commencement Information

I1Sch. 16 para. 105 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2Sch. 16 para. 105 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Schedule

The Whole Schedule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Schedule as a PDF

The Whole Schedule you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?