Armed Forces Act 2021

1. Introductory Text

2. Duration of Armed Forces Act 2006

   1. 1. Duration of Armed Forces Act 2006

3. Service courts, summary hearings and jurisdiction

   1. 2. Constitution of the Court Martial

   2. 3. Nomination of Circuit judge to sit as judge advocate

   3. 4. Summary hearings: power to rectify mistakes etc

   4. 5. The Summary Appeal Court: power to rectify mistakes

   5. 6. The Service Civilian Court: power to rectify mistakes

   6. 7. Concurrent jurisdiction

4. Service in the armed forces

   1. 8. Armed forces covenant

   2. 9. Reserve forces: flexibility of commitments

   3. 10. Service complaints appeals

5. Service police: complaints, misconduct etc

   1. 11. Service police: complaints, misconduct etc

   2. 12. Framework for establishment of tri-service serious crime unit

6. Sentencing and rehabilitation

   1. 13. Power of commanding officer to award service detention: Royal Marines

   2. 14. Deprivation orders

   3. 15. Driving disqualification

   4. 16. Deprivation and driving disqualification orders: minor and consequential amendments

   5. 17. Removal of requirement to take into account offences in member States

   6. 18. Rehabilitation periods: England and Wales

7. Posthumous pardons

   1. 19. Posthumous pardons in relation to certain abolished service offences

8. Miscellaneous

   1. 20. Power of British overseas territories to apply AFA 2006 etc

   2. 21. Time limit for appeals in respect of war pensions: Scotland and Northern Ireland

   3. 22. Minor amendments

9. General

   1. 23. Meaning of “AFA 2006”

   2. 24. Commencement and transitional provision

   3. 25. Extent in the United Kingdom

   4. 26. Extent in the Channel Islands, Isle of Man and British overseas territories

   5. 27. Short title

10. Schedules

    1. Schedule 1

       Constitution of the Court Martial

       1. 1. Number and rank of the lay members

       2. 2. (1) Section 156 of AFA 2006 (officers and warrant officers...

       3. 3. (1) Section 157 of AFA 2006 (officers and warrant officers...

       4. 4. Findings and sentence

    2. Schedule 2

       Reserve forces: flexibility of commitments

       1. Part 1 Consequential amendments

          1. 1. Reserve Forces Act 1996

          2. 2. (1) Section 17 (postponement of discharge) is amended as follows....

          3. 3. (1) Section 26 (parliamentary control of commitments) is amended as...

          4. 4. (1) Section 97 (failure to attend for duty or training)...

          5. 5. In subsection (1) of section 127 (interpretation)—

          6. 6. In Schedule 9 (application of Act to members of transitional...

          7. 7. Armed Forces Act 2006

          8. 8. In section 62 (time limit for charging Reserve Forces Act...

          9. 9. In section 367 (persons subject to service law: regular and...

       2. Part 2 Transitional provision

          1. 10. Regulations under section 24(4) may provide that any provision of...

    3. Schedule 3

       Service complaints appeals

       1. 1. Equal Pay Act (Northern Ireland) 1970

       2. 2. Sex Discrimination (Northern Ireland) Order 1976

       3. 3. Race Relations (Northern Ireland) Order 1997

       4. 4. Working Time Regulations 1998

       5. 5. Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000

       6. 6. Part-time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000

       7. 7. Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

       8. 8. Equality Act 2010

       9. 9. Working Time Regulations (Northern Ireland) 2016

    4. Schedule 4

       Service police: complaints, misconduct etc

       1. 1. Service Police Complaints Commissioner

       2. 2. Investigatory Powers

       3. 3. Other amendments

       4. 4. In Part 3 of Schedule 1 to the House of...

       5. 5. In Part 3 of Schedule 1 to the Northern Ireland...

       6. 6. In Part 6 of Schedule 1 to the Freedom of Information Act 2000...

       7. 7. In section 47 of the Coroners and Justice Act 2009...

       8. 8. In Part 1 of Schedule 19 to the Equality Act...

       9. 9. In Schedule 7 to the Data Protection Act 2018 (competent...

    5. Schedule 5

       Tri-service serious crime unit

       1. 1. Police and Criminal Evidence Act 1984 (c.60)

       2. 2. Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

       3. 3. Criminal Appeal Act 1995 (c. 35)

       4. 4. (1) Section 19 (power to require appointment of investigating officers)...

       5. 5. In section 20 (inquiries by investigating officers), after subsection (2)...

       6. 6. Police Act 1997 (c. 50)

       7. 7. (1) Section 93 (authorisation to interfere with property etc) is...

       8. 8. In section 94 (authorisations given in absence of authorising officer),...

       9. 9. In section 108 (interpretation of Part 3), in subsection (1),...

       10. 10. In section 113B (enhanced criminal record certificates), in subsection (11),...

       11. 11. In section 126 (interpretation of Part 5), in subsection (1),...

       12. 12. Terrorism Act 2000 (c. 11)

       13. 13. Regulation of Investigatory Powers Act 2000 (c. 23)

       14. 14. In section 32 (authorisation of intrusive surveillance), in subsection (6),...

       15. 15. (1) Section 33 (rules for grant of authorisations) is amended...

       16. 16. (1) Section 34 (grant of authorisations in the senior officer’s...

       17. 17. (1) Section 35 (notification of authorisations for intrusive surveillance) is...

       18. 18. (1) Section 36 (approval required for authorisations to take effect)...

       19. 19. In section 41 (Secretary of State authorisations), in subsection (7),...

       20. 20. In section 56(1)(interpretation of Part 3), in the definition of...

       21. 21. (1) Section 81 (general interpretation) is amended as follows.

       22. 22. In Schedule 1 (regulation of relevant public authorities), after paragraph...

       23. 23. Sexual Offences Act 2003 (c. 42)

       24. 24. Armed Forces Act 2006 (c. 52)

       25. 25. (1) Section 93C (preliminary impairment test) is amended as follows....

       26. 26. In section 113 (CO to ensure service police aware of...

       27. 27. In section 114 (CO to ensure service police aware of...

       28. 28. In section 115 (duty of CO with respect to investigation...

       29. 29. In section 116 (referral of case following investigation by service...

       30. 30. In section 119 (circumstances in which CO has power to...

       31. 31. In section 321A (inspection of service police investigations), at the...

       32. 32. In section 374 (definitions applying for purposes of whole Act),...

       33. 33. Counter-Terrorism Act 2008 (c. 28)

       34. 34. In the definition of “law enforcement authority”, after paragraph (a)...

       35. 35. In the definition of “the responsible officer”, after paragraph (d)...

       36. 36. At the appropriate place insert— “tri-service serious crime unit” means...

       37. 37. Coroners and Justice Act 2009 (c. 25)

       38. 38. In section 47 (interested person), in subsection (2)(j), at the...

       39. 39. In section 48 (interpretation: general), in subsection (1), at the...

       40. 40. In Schedule 1 (duty or power to suspend investigations), in...

       41. 41. In Schedule 7 (allowances, fees and expenses), in paragraph 5(2)(a),...

       42. 42. Terrorism Prevention and Investigation Measures Act 2011 (c. 23)

       43. 43. Investigatory Powers Act 2016 (c. 25)

       44. 44. In section 56 (exclusion of matters from legal proceedings etc),...

       45. 45. In section 57 (duty not to make unauthorised disclosures), in...

       46. 46. In section 263 (general definitions), in subsection (1), at the...

       47. 47. In Schedule 4 (relevant public authorities and designated senior officers...

       48. 48. In Part 1 of the table in Schedule 6 (issue...

       49. 49. Data Protection Act 2018 (c. 12)

       50. 50. Counter-Terrorism and Border Security Act 2019 (c. 3)

       51. 51. Crime (Overseas Production Orders) Act 2019 (c. 5)

       52. 52. Overseas Operations (Service Personnel and Veterans) Act 2021 (c. 23)

    6. Schedule 6

       Deprivation and driving disqualification orders: minor and consequential amendments

       1. 1. Armed Forces Act 1991

       2. 2. In section 18 (intentional obstruction)— (a) in subsection (8A) for...

       3. 3. In section 20 (intentional obstruction or failure to comply with...

       4. 4. Reserve Forces Act 1996

       5. 5. In section 95 (offences against orders and regulations under section...

       6. 6. In paragraph 5 of Schedule 1 (false answer to question...

       7. 7. Armed Forces Act 2006

       8. 8. In the following provisions, for “12” substitute “14”—

       9. 9. In section 185(4) (conditional or absolute discharge (civilians only)), at...

       10. 10. In Schedule 3 (civilians etc: modifications of Court Martial sentencing...