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: Section 373

 Help about opening options

Version Superseded: 08/03/2012

Status:

Point in time view as at 31/10/2009. This version of this provision has been superseded. Help about Status

Changes to legislation:

Armed Forces Act 2006, Section 373 is up to date with all changes known to be in force on or before 09 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

373Orders, regulations and rulesU.K.

This section has no associated Explanatory Notes

(1)Any power to make orders, regulations or rules conferred by this Act on the Secretary of State is exercisable by statutory instrument.

(2)The powers conferred by sections 36, 132, 135, 164, 173, 174, 328 to 331 and 340 on the Defence Council to make regulations are exercisable by statutory instrument; and the Statutory Instruments Act 1946 (c. 36) applies in relation to those powers as if the Defence Council were a Minister of the Crown.

(3)A statutory instrument containing—

(a)an order under section 53, 89, 113, [F1276A(7),] 324(2)(h), 379 or 381,

(b)an order under section 323 which by virtue of section 323(4)(c) makes any provision adding to, replacing or omitting any part of the text of an Act,

(c)regulations under section 128 which make provision of a kind mentioned in section 128(2)(c) or (e) or prescribe documents for the purposes of section 118(2)(b),

(d)regulations under section 271, 334(2), 336(5)(a) or 338,

(e)regulations under section 328 which make provision of a kind mentioned in section 328(2)(c),

(f)rules under section 163 which—

(i)by virtue of section 155 make provision about the constitution of the Court Martial, or

(ii)make provision authorised by section 165, or

(g)rules under section 246,

may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(4)Any other statutory instrument under this Act, except one containing only an order under any of sections 382 to 384, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Any order, regulations or rules made under this Act may—

(a)contain incidental, supplemental, consequential, transitional, transitory and saving provision;

(b)make different provision for different cases.

(6)Where a provision of this Act confers a power to make an order containing provision equivalent to a provision of PACE, the order may apply that provision of PACE with modifications.

Textual Amendments

Modifications etc. (not altering text)

C1S. 373(5) applied by 1984 c. 60, s. 113(14) (as added (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 105(10) (with s. 385); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)

C2S. 373(6) applied by 1984 c. 60, s. 113(14) (as added (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 105(10) (with s. 385); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); 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 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 The Whole Act without Schedules as a PDF

The Whole Act without Schedules 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?