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Armed Forces Act 1991, Section 23 is up to date with all changes known to be in force on or before 05 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)In this Part of this Act—
“accommodation ” [F1, in relation to a child to whom a protection order relates, means any service hospital or other suitable place the occupier of which is willing temporarily to receive the child,] whether situated in the United Kingdom, the country or territory where the child resides or elsewhere;
“assessment order ” has the meaning given by section 17 above;
“child ” means a person under the age of eighteen;
[F2“child arrangements order” has the meaning given by section 8(1) of the Children Act 1989;]
[F3“civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006;]
“contact order ” has the meaning [F4—
in relation to an order there made, given by section 11(2)(d) of the Children (Scotland) Act 1995.]
[F8“exclusion requirement” has the meaning given by section 20A above;]
[F9“extension order ” has the meaning given by section 21(2) above;]
“harm” and “significant harm” have the same meanings as in the Children Act 1989;
[F10“judge advocate” has the same meaning as in the Armed Forces Act 2006;]
“parental responsibility ” [F11—
in relation to Scotland, shall be construed as a reference to “parental responsibilities ” within the meaning given by section 1(3) of the Children (Scotland) Act 1995;]
“parents ” shall be construed in accordance with subsection (3) below;
“protection order ” has the meaning given by section 19 above;
“regulations ” means regulations [F14(except in section 20A(8))] made by the Secretary of State by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament;
“the responsible person ”, in relation to a protection order, has the meaning given by section 20(1) above;
“service hospital ” means a military, air-force or naval unit or establishment or a ship at or in which medical or surgical treatment is provided for persons subject to service law; and
[F15“subject to service law” has the same meaning as in the Armed Forces Act 2006.]
[F16(1A)Section 164(2) and (3) of the Armed Forces Act 2006 apply in relation to section 18(8A) and 20(9A) of this Act.]
F17(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Any reference in this Part of this Act to the parents of a child shall be construed without regard to whether they are or have been married to each other at any time; and this subsection is without prejudice to—
(a)the operation of section 1 of the M1Family Law Reform Act 1987 as part of the law of England and Wales or section 1 of the M2Law Reform (Parent and Child) (Scotland) Act 1986 as part of the law of Scotland; and
(b)any enactment or rule of law relating to adoption or legitimation.
(4)Any power under this Part of this Act to make regulations may make different provision for different cases and for different purposes.
Textual Amendments
F1Words in s. 23(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 13 para. 9(2)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F2Words in s. 23(1) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 58(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F3Words in s. 23(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 13 para. 9(2)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F4Hyphen and sub-para. (a) inserted (1.11.1996) in the definition in s. 23(1) by 1995 c. 36, s. 105(4), Sch. 4 para. 54(5)(a)(i) (with s. 103(1)); S.I. 1996/2203, art. 3, Sch.
F5Words in s. 23(1) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 58(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F6Words in s. 23(1) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 58(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F7Semicolon, word and sub-para. (b) inserted (1.11.1996) in the definition in s. 23(1) by 1995 c. 36, s. 105(4), Sch. 4 para. 54(5)(a)(ii) (with s. 103(1)); S.I. 1996/2203, art. 3, Sch.
F8Words in s. 23(1) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 13 para. 9(2)(c); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F9Words in s. 23(1) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 13 para. 9(2)(d); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F10Words in s. 23(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 13 para. 9(2)(e); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F11Hyphen and sub-para. (a) inserted (1.11.1996) in the definition in s. 23(1) by 1995 c. 36, s. 105(4), Sch. 4 para. 54(5)(b)(i) (with s. 103(1)); S.I. 1996/2203, art. 3, Sch.
F12S. 23(1): Words in the definition “parental responsibility ”added (4.11.1996) by S.I. 1995/756, art. 14(6)(b); S.R. 1996/297, art. 3
F13Semicolon, word and sub-para. (b) inserted (1.11.1996) in the definition in s. 23(1) by 1995 c. 36, s. 105(4), Sch. 4 para. 54(5)(b)(ii) (with s. 103(1)); S.I. 1996/2203, art. 3, Sch.
F14Words in s. 23(1) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 13 para. 9(2)(f); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F15Words in s. 23(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 13 para. 9(2)(g); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F16S. 23(1A) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 13 para. 9(3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F17S. 23(2) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 13 para. 9(4), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
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