Armed Forces Act 2006

Yn ddilys o 15/10/2007

Reserve Forces Act 1996 (c. 14) U.K.

Yn ddilys o 28/03/2009

25 U.K. In section 2(2)(a) of the Reserve Forces Act 1996 (membership of the reserve forces), for the words from “the Army Act 1955” to the end substitute “ regulations made under section 331 of the Armed Forces Act 2006; ”.

Yn ddilys o 28/03/2009

26 U.K. In section 4(1)(b) of that Act (orders and regulations concerning reserve forces), after “force” insert “ (except pay, bounty and allowances) ”.

Yn ddilys o 28/03/2009

27 U.K. Omit section 7 of that Act (provision with respect to pay, bounty and allowances).

Yn ddilys o 28/03/2009

28 U.K. In section 13(7) of that Act (transfer of non-officers between reserve forces), for the words from “by or under” to the end substitute “ under the Armed Forces Act 2006. ”

Yn ddilys o 28/03/2009

29 U.K. In section 15(1) of that Act (discharge by commanding officer) for the words “A commanding officer” to “his command,” substitute “ A man of a reserve force may be discharged by his commanding officer ”.

Yn ddilys o 28/03/2009

30 U.K. In section 24(2) of that Act (commitment to a period of full-time service) omit paragraph (b).

Yn ddilys o 28/03/2009

31 U.K. In section 25(2) of that Act (additional duties commitments)—

(a) omit paragraph (a);

(b) in paragraph (b), for “while subject to service law, shall” substitute “ shall, from any time specified in the commitment as the time at which he is to begin that period of duty until released from duty, ”.

Yn ddilys o 28/03/2009

32 U.K. In section 27 of that Act (voluntary training and other duties) omit subsection (3).

33 U.K. In each of sections 53, 55 and 57 of that Act (maximum duration of service on call-out), in subsection (8)—

(a) at the end of paragraph (a) insert “ or ”;

(b) omit paragraph (b).

34 U.K. After section 53 of that Act insert—

“53A Agreement to alter limits in section 53

(1) This section applies to a person if—

(a) he is not in service under a call-out order under section 52; and

(b) if accepted into service under such a call-out order, he would be immediately entitled to release under section 53(6) or (10).

(2) The person may agree in writing that, if he is accepted into service under a call-out order under section 52, in calculating when he is entitled to be released by virtue of section 53(6) or (10) any service of his under this Part or Part 4, 5 or 7 that occurred before he entered into the agreement is to be treated as not having occurred.

(3) An agreement under subsection (2) may also provide that, if the person is accepted into service under a call-out order under section 52, section 53 shall apply in his case as if for the period of 3 years specified in subsection (6) there were substituted a shorter period specified in the agreement.

(4) If an order under section 53(11) applies in relation to the person, subsection (3) above has effect as if the reference to the period of 3 years were to the period of 5 years.”

35 U.K. After section 55 of that Act insert—

“55A Agreement to alter limits in section 55

(1) This section applies to a person if—

(a) he is not in service under a call-out order under section 54; and

(b) if accepted into service under such a call-out order, he would be immediately entitled to release under section 55(6) or (10).

(2) The person may agree in writing that, if he is accepted into service under a call-out order under section 54, in calculating when he is entitled to be released by virtue of section 55(6) or (10) any service of his under this Part or Part 4, 5 or 7 that occurred before he entered into the agreement is to be treated as not having occurred.

(3) An agreement under subsection (2) may also provide that, if the person is accepted into service under a call-out order under section 54, section 55 shall apply in his case as if for the period of 12 months specified in subsection (6) there were substituted a shorter period specified in the agreement.

(4) If an order under section 55(11) applies in relation to the person, subsection (3) above has effect as if the reference to the period of 12 months were to the period of 2 years.”

36 U.K. After section 57 of that Act insert—

“57A Agreement to alter limits in section 57

(1) This section applies to a person if—

(a) he is not in service under a call-out order under section 56; and

(b) if accepted into service under such a call-out order, he would be immediately entitled to release under section 57(6) or (10).

(2) The person may agree in writing that, if he is accepted into service under a call-out order under section 56, in calculating when he is entitled to be released by virtue of section 57(6) or (10) any service of his under this Part or Part 4, 5 or 7 that occurred before he entered into the agreement is to be treated as not having occurred.

(3) An agreement under subsection (2) may also provide that, if the person is accepted into service under a call-out order under section 56, section 57 shall apply in his case as if for the period of 9 months specified in subsection (6) there were substituted a shorter period specified in the agreement.”

Yn ddilys o 28/03/2009

37 U.K. In section 66(2)(b) of that Act (persons who may be recalled) for “regular air force” substitute “ Royal Air Force ”.

Yn ddilys o 28/03/2009

38 U.K. In section 72 of that Act (release and discharge from service under recall order) omit subsections (5) and (6).

Yn ddilys o 28/03/2009

39 (1) Section 95 of that Act (offences against orders and regulations under section 4) is amended as follows. U.K.

(2) In subsection (1)—

(a) omit paragraph (b);

(b) in the words after paragraph (e), omit “triable by court-martial or summarily by a civil court”.

(3) After that subsection insert—

“(1A) A member of a reserve force (“A”) commits an offence if—

(a) a superior officer (“B”), in pursuance of orders or regulations under section 4, is acting in the execution of his office;

(b) A's behaviour towards B is threatening or disrespectful; and

(c) A knows or has reasonable cause to believe that B is a superior officer.

(1B) For the purposes of subsection (1A)—

(a) “superior officer” has the same meaning as in the Armed Forces Act 2006;

(b) section 11(3) of that Act (meaning of “behaviour” and “threatening”) applies.

(1C) An offence under this section is triable summarily by a civil court (as well as being triable by the Court Martial).”

(4) In subsection (2)—

(a) in paragraph (a) for the words from “court-martial” to the end substitute “the Court Martial—

(i) in the case of an offence under subsection (1)(a) or (e) or (1A), to any punishment mentioned in rows 5 to 12 of the Table in section 164 of the Armed Forces Act 2006;

(ii) in the case of an offence under subsection (1)(c) or (d), to any punishment mentioned in that Table, but any sentence of imprisonment or service detention imposed in respect of the offence must not exceed 51 weeks;”;

(b) in paragraph (b)(i)—

(i) omit “, (b),”;

(ii) after “(e)” insert “ or (1A) ”.

(5) For subsection (3) substitute—

“(2A) For the purposes of determining the Court Martial's powers when sentencing an offender to whom Part 2 of Schedule 3 to the Armed Forces Act 2006 applies (ex-servicemen etc) for an offence under subsection (1)(a) or (e) or (1A), subsection (2)(a)(i) has effect as if the reference to rows 5 to 12 were to rows 5 to 10.”

Yn ddilys o 28/03/2009

40 (1) Section 96 of that Act (failure to attend for service on call out or recall) is amended as follows. U.K.

(2) In subsection (1), for the words (after paragraph (c)) from “is guilty” to the end substitute “ is guilty of desertion (if section 8(2)(a) or (b) of the Armed Forces Act 2006 applies to him) or absence without leave (if neither of those provisions applies to him). ”

(3) In subsection (3) for the words from “by court-martial” to the end substitute “ summarily by a civil court (as well as being triable by the Court Martial). ”

Yn ddilys o 28/03/2009

41 (1) Section 97 of that Act (failure to attend for duty or training) is amended as follows. U.K.

(2) In subsection (1), for the words (after paragraph (b)) from “is guilty” to the end substitute “ is guilty of desertion (if section 8(2)(a) or (b) of the Armed Forces Act 2006 applies to him) or absence without leave (if neither of those provisions applies to him). ”

(3) In subsection (3) for the words from “by court-martial” to the end substitute “ summarily by a civil court (as well as being triable by the Court Martial). ”

Yn ddilys o 28/03/2009

42 (1) Section 98 of that Act (trial and punishment of offences of desertion or absence without leave) is amended as follows. U.K.

(2) In subsection (1)—

(a) for the words from “section 37” to “1957” substitute “ section 8 or 9 of the Armed Forces Act 2006 ”;

(b) for “as well as by court-martial” substitute “ (as well as being triable by the Court Martial) ”.

(3) In subsection (2)—

(a) for “court-martial” substitute “ the Court Martial ”;

(b) for the words from “service law” to the end substitute “ section 8 or 9 (as the case may be) of the Armed Forces Act 2006. ”

(4) In subsection (3)(b) for “service law of desertion or absence without leave” substitute “ section 8 or 9 of the Armed Forces Act 2006 ”.

(5) In subsection (4)(a)—

(a) for “court-martial” substitute “ the Court Martial ”;

(b) for “service law of absence without leave” substitute “ section 9 of the Armed Forces Act 2006 ”.

(6) Omit subsection (5).

(7) After subsection (6) insert—

“(7) Orders or regulations under section 4 may include provision for enabling a determination to be made in prescribed circumstances that subsection (6) is to cease to have effect in relation to a period of time or a part of a period of time.”

Yn ddilys o 28/03/2009

43 U.K. Omit section 99 of that Act (false pretence of illegal absence).

Yn ddilys o 28/03/2009

44 U.K. For section 100 of that Act (arrest of deserters etc) substitute—

“100A Arrest by civilian police of deserters and absentees without leave

(1) An officer of a UK police force may arrest without warrant a person who is reasonably suspected of being a member of a reserve force, or a person liable to recall, who has deserted or is absent without leave.

(2) If an authorised person is satisfied by evidence given under oath or affirmation that a relevant suspect is or is reasonably suspected of being within his jurisdiction, he may issue a warrant for the arrest of the relevant suspect.

(3) In subsection (2)—

• “authorised person” means a person who has authority in England and Wales, Scotland or Northern Ireland to issue a warrant for the arrest of a person suspected of an offence;

• “relevant suspect” means a person reasonably suspected of being a member of a reserve force, or a person liable to recall, who has deserted, is absent without leave or has committed an offence under section 95.

(4) In this section “UK police force” has the meaning given by section 375 of the Armed Forces Act 2006.”

Yn ddilys o 28/03/2009

45 U.K. Omit section 102 of that Act (record of illegal absence).

Yn ddilys o 28/03/2009

46 U.K. In section 104 of that Act, omit subsection (3).

Yn ddilys o 28/03/2009

47 (1) Section 105 of that Act (trial of offences by civil court) is amended as follows. U.K.

(2) In subsection (1) for “which is triable by court-martial is also” substitute “ is (as well as being triable by the Court Martial) ”.

(3) Omit subsection (2).

(4) In subsection (3) for “an offence under service law (other than an offence of desertion or absence without leave)” substitute “ any service offence (other than an offence under this Act or an offence mentioned in section 98(1)) ”.

Yn ddilys o 28/03/2009

48 U.K. Omit section 106 of that Act.

Yn ddilys o 28/03/2009

49 U.K. In section 107 of that Act (time for institution of proceedings)—

(a) in subsection (1)—

(i) omit the words from “either—” to the end of paragraph (a);

(ii) for “under service law” substitute “ a service offence ”;

(b) after subsection (2) add—

“(3) Subsection (2) applies to proceedings for an offence under section 96(1) committed by a person liable to recall as it applies to proceedings mentioned in subsection (1) of this section.”

Yn ddilys o 28/03/2009

50 U.K. In section 108 of that Act (evidence) for subsections (1) and (2) substitute—

“(1A) The Secretary of State may by regulations make provision with respect to evidence, including the admissibility of evidence, in proceedings before a civil court for an offence under this Act.

(1B) Regulations under subsection (1A) shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

Yn ddilys o 28/03/2009

51 U.K. Omit section 124 of that Act (exemption from tolls etc).

Yn ddilys o 28/03/2009

52 U.K. Omit section 126 of that Act (amendments relating to transfers to reserves etc).

Yn ddilys o 28/03/2009

53 (1) Section 127 of that Act (interpretation) is amended as follows. U.K.

(2) In subsection (1)—

(a) omit the definition of “regular air force”;

(b) for the definition of “regular army” substitute—

““the regular army” has the meaning given by section 374 of the Armed Forces Act 2006;”;

(c) in the definition of “regular services” for “regular air force” substitute “ Royal Air Force ”;

(d) for the definition of “service law” substitute—

““service offence” has the meaning given by section 50 of the Armed Forces Act 2006;”.

(3) After subsection (2) add—

“(3) The officer who is the “commanding officer” of a person for the purposes of any provision of this Act shall be determined by or under regulations made by the Defence Council under this subsection.

(4) Section 164(2) and (3) of the Armed Forces Act 2006 apply in relation to section 95(2)(a) of, and paragraph 5(3) of Schedule 1 to, this Act.”

Yn ddilys o 28/03/2009

54 (1) Schedule 1 to that Act (enlistment) is amended as follows. U.K.

(2) For paragraph 2(1) substitute—

“(1) An enlisting officer shall not enlist a person under the age of 18 unless consent to the enlistment has been given in writing by—

(a) an appropriate person; or

(b) if the person offering to enlist is living with more than one appropriate person, each of those appropriate persons.

(1A) In this paragraph “appropriate person” means, in relation to a person offering to enlist, a person with—

(a) parental responsibility (within the meaning of the Children Act 1989 or the Children (Northern Ireland) Order 1995) for him; or

(b) parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to him.”

(3) In paragraph 2(2) for “appropriate minimum age” substitute “ age of 18 ”.

(4) In paragraph 4(4) for “appropriate minimum age” substitute “ age of 18 ”.

(5) In paragraph 5—

(a) in sub-paragraph (1) omit “or recklessly”;

(b) in sub-paragraph (2) for “subject to service law” substitute “ a member of the reserve forces ”;

(c) in sub-paragraph (3) for the words from “has since” to the end substitute “ becomes a member of the reserve forces is liable on conviction by the Court Martial to any punishment mentioned in rows 2 to 12 of the Table in section 164 of the Armed Forces Act 2006. ”;

(d) after that sub-paragraph add—

“(4) For the purposes of determining the Court Martial's powers when sentencing an offender to whom Part 2 of Schedule 3 to the Armed Forces Act 2006 (ex-servicemen etc) applies for an offence under sub-paragraph (1), sub-paragraph (3) has effect as if the reference to rows 2 to 12 were to rows 2 to 10.

(5) Where an offence under sub-paragraph (1) is committed by a person within sub-paragraph (3), the time for which he is for the purposes of section 62 of the Armed Forces Act 2006 (time limits for charging) to be regarded as being a relevant reservist (within the meaning of that section) includes the period from (and including) the time he committed the offence to the time he became a member of the reserve forces.”

(6) In paragraph 6(1) for “a court-martial” substitute “ the Court Martial ”.

(7) Omit paragraph 7 and the heading before it.

Yn ddilys o 28/03/2009

55 U.K. Omit Schedule 2 to that Act (deserters and absentees without leave).

Yn ddilys o 28/03/2009

56 U.K. Omit Schedule 3 to that Act (evidence).

Yn ddilys o 28/03/2009

57 U.K. Omit Schedule 7 to that Act (postponement of transfer to the reserves or discharge from the reserves).

Yn ddilys o 28/03/2009

58 U.K. In Part 2 of Schedule 9 to that Act (transitional provisions) omit paragraphs 22 and 23.

Yn ddilys o 28/03/2009

59 U.K. In Schedule 10 to that Act (minor and consequential amendments) omit paragraphs 1 to 13 and 23.