Armed Forces Act 2006

380 Power to make transitional and transitory provision U.K.

(1) The Secretary of State may by order make transitional provision in connection with the coming into force of any provision made by or under this Act, including savings from the effect of any repeal or revocation so made.

(2) An order under subsection (1) may in particular make provision—

(a) about the effect of liabilities incurred and other things done before commencement, including provision for and about the investigation, trial and punishment of offences committed before commencement;

(b) for and about the continuation of any proceedings begun before commencement;

(c) about the punishments and orders available to courts or other persons before whom proceedings take place in respect of offences committed before commencement;

(d) about the effect of punishments awarded and orders made in respect of offences committed before commencement.

(3) An order under subsection (1) may—

(a) confer jurisdiction on any court;

(b) confer functions on a person's commanding officer, the Director of Service Prosecutions, the prosecuting authority within the meaning of any of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53), or on service policemen;

(c) confer powers of arrest, search and entry;

(d) authorise the keeping of persons in service custody, and the imposition of requirements on release from service custody (including provision applying section 107(5) and (6) with or without modifications).

(4) The Secretary of State may by order provide that—

(a) until the coming into force of any enactment specified in the order, or

(b) in relation to any offence committed or other thing done before the coming into force of such an enactment,

any provision of this Act or amended by or under this Act has effect with such modifications as may be specified by the order.

(5) In subsection (4)(a) and (b) “enactment” includes any provision of this Act.

(6) If any provision made by or under this Act is to come into force before the day on which section 61 of the Criminal Justice and Court Services Act 2000 (c. 43) (abolition of certain custodial sentences for young offenders) comes into force (or fully into force), an order under subsection (4) may provide for custodial punishments specified in the order to be available in respect of offenders who are convicted aged 18 or over but under 21.

(7) The powers conferred by this section may not be exercised so as to allow the imposition in respect of an offence of a punishment more severe than that which was applicable when the offence was committed.

(8) An order under this section may modify, exclude or apply (with or without modifications) any enactment or subordinate legislation, including—

(a) any provision of or made under this Act;

(b) any provision of or made under an enactment repealed by this Act.

[F1 (8A) The power under subsection (1) to make transitional provision in connection with the coming into force of any provision made by or under this Act includes power, where this Act or any provision made under it is amended, to amend any earlier order under this section [F2 (whether the amendment relates to a subject already dealt with in the earlier order or a new subject)].]

F3 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In this section “commencement” means the commencement of such provisions of this Act as may be specified by the order.

Textual Amendments

F1 S. 380(8A) inserted (8.3.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 23; S.I. 2012/669, art. 3(e)

F2 Words in s. 380(8A) inserted (12.5.2016) by Armed Forces Act 2016 (c. 21), s. 19(2)(c)(6)

F3 S. 380(9) repealed (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 15, Sch. 5; S.I. 2012/669, art. 4(f)(i)

Commencement Information

I1 S. 380 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. 380 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4