Armed Forces Act 2006 (c. 52)

Part 14 U.K. Enlistment, Terms of Service etc

Restriction on aliens U.K.

340 Restriction on aliens in regular forces etc U.K.

(1) An alien may not be a member of—

(a) the regular forces; or

(b) any of Her Majesty's forces raised under the law of a British overseas territory [F1 other than Gibraltar].

(2) But the Defence Council may make regulations providing for subsection (1) not to apply to an alien who satisfies prescribed conditions.

(3) Such a condition may require the alien—

(a) to be of a prescribed nationality; and

(b) to serve in a prescribed unit.

(4) Section 3 of the Act of Settlement (1700 c. 2) does not prevent any person from being a member of any of Her Majesty's forces.

(5) In this section “prescribed” means prescribed by regulations made by the Defence Council.

Textual Amendments

F1 Words in s. 340(1)(b) inserted (12.5.2016) by Armed Forces Act 2016 (c. 21), s. 19(2)(b), Sch. para. 10

Modifications etc. (not altering text)

C1 S. 340(1) excluded (31.10.2009) by The Armed Forces (Aliens) Regulations 2009 (S.I. 2009/835), regs. 1, 2

Commencement Information

I1 S. 340 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)

I2 S. 340 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4