Armed Forces Act 2006

Chapter 2 Other Supplementary Provisions

372 Evidence in proceedings before civilian courts

The Secretary of State may by regulations make provision with respect to evidence, including the admissibility of evidence, in proceedings for an offence created by or under this Act before a civilian court in—

(a) any part of the United Kingdom;

(b) the Isle of Man; or

(c) a British overseas territory.

373 Orders, regulations and rules

(1) Any power to make orders, regulations or rules conferred by this Act on the Secretary of State is exercisable by statutory instrument.

(2) The powers conferred by sections 36, 132, 135, 164, 173, 174, 328 to 331 and 340 on the Defence Council to make regulations are exercisable by statutory instrument; and the Statutory Instruments Act 1946 (c. 36) applies in relation to those powers as if the Defence Council were a Minister of the Crown.

(3) A statutory instrument containing—

(a) an order under section 53, 89, 113, 324(2)(h), 379 or 381,

(b) an order under section 323 which by virtue of section 323(4)(c) makes any provision adding to, replacing or omitting any part of the text of an Act,

(c) regulations under section 128 which make provision of a kind mentioned in section 128(2)(c) or (e) or prescribe documents for the purposes of section 118(2)(b),

(d) regulations under section 271, 334(2), 336(5)(a) or 338,

(e) regulations under section 328 which make provision of a kind mentioned in section 328(2)(c),

(f) rules under section 163 which—

(i) by virtue of section 155 make provision about the constitution of the Court Martial, or

(ii) make provision authorised by section 165, or

(g) rules under section 246,

may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(4) Any other statutory instrument under this Act, except one containing only an order under any of sections 382 to 384, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Any order, regulations or rules made under this Act may—

(a) contain incidental, supplemental, consequential, transitional, transitory and saving provision;

(b) make different provision for different cases.

(6) Where a provision of this Act confers a power to make an order containing provision equivalent to a provision of PACE, the order may apply that provision of PACE with modifications.