340Restriction on aliens in regular forces etcU.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 [F1other 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
F1Words 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)
C1S. 340(1) excluded (31.10.2009) by The Armed Forces (Aliens) Regulations 2009 (S.I. 2009/835), regs. 1, 2
Commencement Information
I1S. 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)
I2S. 340 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4