The Armed Forces Act 2006 (Consequential Amendments) Order 2009

Visiting Forces and International Headquarters (Application of Law) Order 1999

21.—(1) The Visiting Forces and International Headquarters (Application of Law) Order 1999(1) is amended as follows.

(2) In article 2—

(a) after the definition of “military member of a headquarters” the word “and” is omitted; and

(b) after the definition of “service court” insert—

““service custody” means service custody for the purposes of the Armed Forces Act 2006; and

“subject to service law” has the same meaning as in the Armed Forces Act 2006;”

(3) For article 18 and the heading to it is substituted—

“Aiding or abetting etc desertion or absence without leave

18.   Section 344 of the Armed Forces Act 2006 (aiding or abetting etc desertion or absence without leave) shall have effect as if in section 344(2)(a) for the words “subject to service law” there were substituted “a member of a visiting force or a military member of a headquarters”.”

(4) In Schedule 6 in the list of enactments other than those applying only in Scotland or Northern Ireland—

(a) the entry relating to the Army Act 1955(2) is omitted; and

(b) at the end is inserted in the left hand column “The Armed Forces Act 2006 (c. 52)” and in the right-hand column—

“In section 349(1)(a) the reference to “Her Majesty’s forces” shall include a reference to a visiting force or a headquarters.”.

(5) In Schedule 7—

(a) for paragraph 1(1)(a) is substituted—

“(a) service law, or”;

(b) for paragraph 2 is substituted—

“2.   This paragraph applies to any person who is subject to service law.”;

(c) in paragraph 4(1)—

(i) for “the relevant enactment” is substituted “section 309 of the Armed Forces Act 2006”;

(ii) for “a court-martial” is substituted “the Court Martial”;

(iii) for “the relevant Act”, wherever it appears, is substituted “that Act”; and

(iv) for “that enactment” is substituted “that section”;

(d) in paragraph 4(2)—

(i) for “the relevant enactment” is substituted “section 309 of the Armed Forces Act 2006”; and

(ii) for “such a court-martial” is substituted “the Court Martial”;

(e) paragraph 4(3) is revoked;

(f) In paragraphs 5(1) and (2) for “a court-martial held in pursuance of the Naval Discipline Act 1957, the Army Act 1955 or the Air Force Act 1955” is substituted “the Court Martial”; and

(g) paragraph 6 is revoked.

(6) In Schedule 8—

(a) in paragraph 2 for “by a court-martial” to the end is substituted “by the Court Martial may be detained, or in service custody”;

(b) in paragraph 3 for “by a court-martial” to the end is substituted “by the Court Martial may be detained, or in service custody”;

(c) in paragraph 5—

(i) in sub-paragraph (b) for “naval, military or air force establishment” is substituted “service custody premises”;

(ii) in sub-paragraph (b) for “a court-martial” to “as the case may be” is substituted “the Court Martial”;

(iii) in sub-paragraph (c) for “naval, military or air force establishment” is substituted “service custody premises”; and

(iv) in sub-paragraph (c) for “a court-martial” to “as the case may be” is substituted “the Court Martial”;

(d) in paragraph 6(1)—

(i) for “section 186(1) to (3) of the Army Act 1955 (“the 1955 Act”)” is substituted “section 314 (1) and (2) of the Armed Forces Act 2006 (“the 2006 Act”)”; and

(ii) for the words “a member of the regular forces” to the end is substituted “subject to service law”;

(e) in paragraph 6(2)—

(i) for “section 186 of that Act” is substituted “section 314 of the 2006 Act’’; and

(ii) for “if he were” to the end is substituted “if he were subject to service law, section 315 of the 2006 Act shall apply to him as it applies to a person subject to service law who has deserted or is absent without leave.”;

(f) in paragraph 6(3)—

(i) for “sections 186(4), 187 and 190” is substituted “sections 299, 314(4) and 316 of the 2006 Act”; and

(ii) for “section 188 of the 1955 Act” is substituted “section 315 of the 2006 Act”;

(g) in paragraph 6(4)—

(i) for “Sections 187 and 190” is substituted “Section 316 of the 2006 Act”;

(ii) for “subject to the following modifications” to the end is substituted “subject to the modification that in section 316(2)(a) the reference to “a person subject to service law” shall include a reference to a person who is a member of a visiting force or a military member of a headquarters detained in pursuance of this Schedule”; and

(h) after paragraph 6(4) is inserted—

“(5) For the purposes of proceedings under section 316 of the 2006 Act, a certificate which states that a person is authorised to be detained in pursuance of this Schedule, and purports to be signed by an officer of any of Her Majesty’s forces, shall be evidence of the matters so stated.(3)”.

(1)

S.I. 1999/1736, to which there are amendments not relevant to this Order.

(2)

1955 c. 18.

(3)

Regulations under section 316(2) of the 2006 Act will provide that such a certificate will be evidence of the matters stated in it.