Schedule 15 – Civilians Subject to Service Discipline
876.This Schedule sets out the circumstances in which a person is a “civilian subject to service discipline” if he is not subject to service law. With that exception, by virtue of section 363 a person is a civilian subject to service discipline if he falls within any paragraph of Part 1 of this Schedule.
Part 1 – Civilians subject to service discipline
877.Paragraph 1 applies to persons in one of Her Majesty’s aircraft in flight, anywhere in the world.
878.Paragraph 2 applies to persons in one of Her Majesty’s ships afloat (including submarines under the sea), anywhere in the world.
879.Paragraph 3 applies to persons in service custody under the Act, and persons being arrested under service law, anywhere in the world.
880.Paragraph 4 applies to Crown servants whose sole or main role is to work in support of Her Majesty’s forces, but only while they are in an area designated under paragraph 12 (a “designated area”).
881.Paragraph 5 applies to UK representatives working in international naval, military and air-force organisations specified by the Secretary of State, while they are outside the British Islands.
882.Paragraph 6 applies to members and employees of other organisations specified by the Secretary of State, while they are in a designated area.
883.Paragraph 7 applies to persons designated (individually or by reference to a category of persons, such as the employees of a particular company) by or on behalf of the Defence Council, or by an officer authorised by the Defence Council, while they are outside the British Islands. Sub-paragraph (2) restricts the grounds on which a person can be designated, and sub-paragraph (3) lays down criteria that must be taken into account before deciding whether to designate a person.
884.Paragraph 8 applies to persons residing or staying with a person subject to service law in a designated area, while they are in that area.
885.Paragraph 9 applies to persons residing or staying with a civilian of the kind covered by paragraph 4 or 6 in a designated area, while they are in that area.
886.Paragraph 10 applies to persons residing or staying with a civilian of the kind covered by paragraph 5 outside the British Islands, while they are outside the British Islands.
Part 2 – Exclusion and definitions
887.Paragraph 11 creates an exception to each of paragraphs 4 to 10. A person who is not a UK national (as defined by sub-paragraph (2)) does not fall within any of those paragraphs, and therefore is not a civilian subject to service discipline (unless he falls within any of paragraphs 1 to 3), while he is in a country of which he is a national, or in which (disregarding periods when, this paragraph aside, he has been or intends to be within any of paragraphs 4 to 10) he is ordinarily resident.
888.Paragraph 12 defines “designated area” as an area outside the British Islands which is designated by order of the Secretary of State. It may consist of two or more areas, which need not be contiguous.
889.Paragraph 13 provides that a person is “residing or staying with” another person for the purposes of paragraphs 8 to 10 if he is about to reside or stay with, or is departing after residing or staying with, that person.
