Armed Forces Act 2006 (c. 52)

Part 15 U.K. Forfeitures and Deductions

341 Forfeitures and deductions: general provisions U.K.

(1) No forfeiture of the pay of a person subject to service law may be imposed unless authorised by or under this Act or any other Act.

(2) No deduction from the pay of a person subject to service law may be made unless authorised by or under this Act or any other Act.

(3) Subsections (1) and (2) do not prevent the making by a Royal Warrant under section 333, or by any regulation, order or instruction of the Defence Council, of provision—

(a) for the imposition of any forfeiture authorised by or under an Act;

(b) for the making of any deduction so authorised;

(c) for the time at which and the way in which amounts may be deducted from pay to give effect to authorised deductions;

(d) as to the appropriation of amounts deducted;

(e) for the determination of questions relating to forfeitures and deductions.

(4) A person subject to service law shall, notwithstanding any deduction from his pay but subject to any forfeiture, remain in receipt of pay at not less than such minimum rate as may be prescribed by regulations made by the Defence Council.

(5) Notwithstanding the forfeiture of the pay of a person subject to service law for any period, he may remain in receipt of pay at such minimum rate as may be prescribed by regulations made by the Defence Council; but the amount received for that period may be recovered from him by deduction from pay.

(6) Any amount authorised to be deducted from the pay of a person subject to service law may also be deducted from any bounty, allowance or grant which may be due to him; and references in this section and section 342 to the making of deductions from pay are to be read accordingly.

Commencement Information

I1 S. 341 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)

I2 S. 341 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

342 Permitted forfeitures and deductions U.K.

(1) The Secretary of State may by regulations make provision for the purpose of enabling the Defence Council, or officers authorised by them, to make orders—

(a) authorising the pay of a person subject to service law to be forfeited for or in respect of any period of prescribed absence from duty;

(b) authorising deductions to be made from the pay of a relevant person and to be appropriated in or towards satisfaction of any amount paid by or on behalf of a service authority to meet the whole or part of a sum that the person has been ordered to pay by a civilian court (anywhere);

(c) authorising deductions to be made from the pay of a relevant person and to be appropriated as or towards compensation for any loss of, or damage to, public or service property which a prescribed person is satisfied has been caused by the relevant person's wrongful act or negligence;

(d) authorising deductions to be made from the pay of a person subject to service law and to be appropriated in or towards satisfaction of any payment which he is required to make in respect of a financial penalty;

(e) authorising deductions to be made from the pay of a relevant person and to be appropriated in or towards satisfaction of—

(i) any prescribed payment which he is required to make under, or in connection with, a prescribed maintenance order;

(ii) any obligation on his part to make periodical payments in accordance with a prescribed maintenance assessment or maintenance calculation; or

(iii) any amount required to be paid by him by virtue of any judgment or order enforceable by a court in the United Kingdom;

(f) authorising deductions to be made from the pay of a relevant person and to be appropriated towards the maintenance of a spouse, civil partner, former spouse, former civil partner, child or prescribed person.

(2) Regulations under this section may in particular make provision—

(a) with respect to the duration, variation, revocation, continuation or suspension of such orders;

(b) conferring functions in relation to such orders on the Defence Council;

(c) for the delegation by the Defence Council of any of their functions in relation to such orders;

(d) limiting the amount which may be deducted from a person's pay;

(e) requiring prescribed persons to provide prescribed information, or to supply copies of prescribed documents, to the Defence Council or persons authorised by them;

(f) with respect to the computation of time for the purposes of orders made by virtue of subsection (1)(a);

(g) with respect to the carrying out of investigations in connection with orders made by virtue of subsection (1)(c);

(h) with respect to the standard of proof which is to apply in connection with orders made by virtue of subsection (1)(c);

(i) for any prescribed forfeiture of a person's pay to apply only to so much of his pay as remains after any deduction from that pay in accordance with an order made by virtue of subsection (1)(e) or (f);

(j) with respect to the procedure which is to apply in connection with orders made by virtue of subsection (1)(f).

(3) Any forfeiture or deduction imposed by virtue of subsection (1)(a), (b) or (c) may be remitted—

(a) by the Defence Council; or

(b) by an officer authorised by the Defence Council.

(4) In this section—

• “financial penalty” means—

  (a)

  a fine or service compensation order imposed by virtue of this Act (including a fine or service compensation order with respect to which an order under section 268 (order for service parent or guardian to pay fine or compensation) has been made);

  (b)

  a sum adjudged to be paid under section 236(3) (forfeiture of recognizance); or

  (c)

  an order as to the payment of costs made by virtue of regulations under section 26, or made under section 27, of the Armed Forces Act 2001 (c. 19);

• “prescribed” means prescribed, or of a description prescribed, by regulations under this section;

• “public property” has the meaning given by section 26(2);

• “relevant person” means a person subject to service law by reason of section 367(1) or (2)(a), (b), (c) or (e);

• “service property” has the meaning given by section 26(3).

(5) The reference in subsection (1)(e)(iii) to a judgment or order enforceable by a court in the United Kingdom includes a judgment enforceable by the Enforcement of Judgments Office.

Commencement Information

I3 S. 342 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)

I4 S. 342 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4