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Version Superseded: 26/05/2016
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Armed Forces Act 2006, Section 77 is up to date with all changes known to be in force on or before 08 October 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)Subsections (2) to (6) apply for the purposes of sections 75 and 76.
(2)“Controlled drug” has the meaning given by section 2 of the Misuse of Drugs Act 1971 (c. 38).
(3)“Her Majesty's stores” has the same meaning as in the Public Stores Act 1875 (c. 25).
(4)“Prohibited article” means—
(a)an offensive weapon, other than one in the possession of a person who is permitted to have it in his possession for the purposes of any of Her Majesty's forces;
(b)an article made or adapted for use in the course of or in connection with an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence mentioned in subsection (8); or
(c)an article intended by the person having it with him for such use by him or by some other person.
(5)“Service vehicle” means a vehicle which—
(a)belongs to any of Her Majesty's forces; or
(b)is in use for the purposes of any of those forces.
(6)“Stolen”, in relation to an article, has the same meaning as it has by virtue of section 24 of the Theft Act 1968 (c. 60) in the provisions of that Act relating to goods which have been stolen.
(7)In subsection (4)(a) “offensive weapon” means any article—
(a)made or adapted for use for causing injury to persons; or
(b)intended by the person having it with him for such use by him or by some other person.
(8)The offences referred to in subsection (4)(b) are—
(a)an offence under section 1 of the Theft Act 1968 (theft);
(b)an offence under section 9 of that Act (burglary);
(c)an offence under section 12 of that Act (taking vehicle etc without consent);
(d)an offence under section 1 of the Criminal Damage Act 1971 (c. 48) (destroying or damaging property);
(e)an offence under section 1 of the Fraud Act 2006 (fraud).
(9)The reference in subsection (4)(b) to an offence under section 42 includes an act or omission which would constitute such an offence if done or made by a person subject to service law.
Commencement Information
I1S. 77 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)
I2S. 77 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
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