Armed Forces Act 2006

[F1 [F2 343AF Sections 343AA to 343AD: power to add bodies and functions U.K.

(1) The Secretary of State may by regulations—

(a) amend section 343AA by—

(i) specifying additional functions that are to be relevant functions in relation to persons and bodies specified in subsection (3) of that section, or

(ii) specifying additional persons or bodies in that subsection;

(b) amend section 343AB by—

(i) specifying additional functions that are to be relevant functions in relation to persons and bodies specified in subsection (3) of that section, or

(ii) specifying additional persons or bodies in that subsection;

(c) amend section 343AC by—

(i) specifying additional functions that are to be relevant functions in relation to persons and bodies specified in subsection (3) of that section, or

(ii) specifying additional persons or bodies in that subsection;

(d) amend section 343AD by—

(i) specifying additional functions that are to be relevant functions in relation to persons and bodies specified in subsection (3) of that section, or

(ii) specifying additional persons or bodies in that subsection.

(2) In subsection (1) a reference to a provision of this Act includes a reference to that provision as amended by virtue of subsection (1).

(3) A function specified by virtue of subsection (1)(a)(i), (b)(i), (c)(i) or (d)(i) must be a function under or by virtue of—

(a) primary legislation, or

(b) retained direct EU legislation.

(4) A person or body specified by virtue of subsection (1)(a)(ii), (b)(ii), (c)(ii) or (d)(ii) must be a person or body by whom functions are exercisable under or by virtue of—

(a) primary legislation, or

(b) retained direct EU legislation.

(5) Nothing in sections 343AA to 343AD limits the fields to which functions added by virtue of subsection (1) may relate.

(6) The powers conferred by subsection (1) include power to make consequential amendments of any of sections 343AA to 343AE.

(7) Before making regulations under subsection (1) the Secretary of State must consult—

(a) the Welsh Ministers so far as the regulations contain provision that is within Welsh devolved competence,

(b) the Scottish Ministers so far as the regulations contain provision that is within Scottish devolved competence,

(c) the relevant Northern Ireland department so far as the regulations contain provision that is within Northern Ireland devolved competence, and

(d) any other persons the Secretary of State considers appropriate.

(8) For the purposes of this section a provision is within Welsh devolved competence if it—

(a) would be within the legislative competence of Senedd Cymru if contained in an Act of Senedd Cymru (assuming that any consent by a Minister of the Crown were given), or

(b) is provision which could be made in subordinate legislation by the Welsh Ministers acting alone.

(9) For the purposes of this section a provision is within Scottish devolved competence if it—

(a) would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament, or

(b) is provision which could be made in subordinate legislation by the Scottish Ministers or the First Minister.

(10) For the purposes of this section a provision is within Northern Ireland devolved competence if it—

(a) would be within the legislative competence of the Northern Ireland Assembly, and would not require the consent of the Secretary of State, if contained in an Act of that Assembly, or

(b) is provision which could be made in subordinate legislation by a Northern Ireland department.

(11) In this section “primary legislation” means—

(a) an Act of Parliament;

(b) an Act of the Scottish Parliament;

(c) a Measure or Act of Senedd Cymru;

(d) Northern Ireland legislation.]]

Textual Amendments

F1 Pt. 16A inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), ss. 2, 32(3); S.I. 2012/669, art. 4(a)

F2 Ss. 343AA-343AF inserted (1.5.2022 for specified purposes, 22.11.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 8(3), 24(1); S.I. 2022/471, reg. 3; S.I. 2022/1161, reg. 3