Armed Forces Act 2006

Part 2 U.K. Exclusion and definitions

Exclusion U.K.

11 (1) A person who is not a United Kingdom national is not within any of paragraphs 4 to 10 at any time when he is in a country— U.K.

(a) of which he is a national; or

(b) in which he is ordinarily resident.

(2) In this paragraph a “United Kingdom national” means an individual who is—

(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;

(b) a person who under the British Nationality Act 1981 (c. 61) is a British subject; or

(c) a British protected person within the meaning of that Act.

(3) In determining for the purposes of this paragraph whether a person is ordinarily resident in a country, no account shall be taken of any period during which he has been or intends to be present there while falling (apart from this paragraph) within any of paragraphs 4 to 10.

Commencement Information

I1 Sch. 15 para. 11 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)

I2 Sch. 15 para. 11 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Definitions U.K.

12 (1) In this Schedule “designated area” means an area which— U.K.

(a) is outside the British Islands; and

(b) is designated for the purposes of this Schedule by an order made by the Secretary of State.

(2) An area designated for the purposes of this Schedule may consist of two or more areas (whether or not contiguous).

Commencement Information

I3 Sch. 15 para. 12 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)

I4 Sch. 15 para. 12 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

13 U.K. In this Schedule references to a person residing or staying with another person include references to the person—

(a) being about to reside or stay with the other person; and

(b) departing after residing or staying with him.

Commencement Information

I5 Sch. 15 para. 13 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)

I6 Sch. 15 para. 13 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

[F1 14 U.K. For the purposes of paragraphs 5(1)(c), 10 and 11, a territory that is not within a country is to be treated as a country.]

Textual Amendments

F1 Sch. 15 para. 14 inserted (14.12.2012) by Armed Forces Act 2011 (c. 18), ss. 22(6), 32(3); S.I. 2012/2921, art. 3(a)