Armed Forces Act 1991

9 Compensation orders for personal injuries on trial of civilians. E+W+S+N.I.

(1) In the following enactments relating to the powers of a court on the trial of a civilian—

(a) Schedule 5A to each of the 1955 Acts, and

(b) Schedule 4A to the 1957 Act,

paragraph 11 (compensation orders) shall be amended in accordance with the following provisions of this section.

(2) In sub-paragraph (1) for the words “loss or damage, other than personal injury ” there shall be substituted “personal injury, loss or damage ”.

(3) Subject to subsection (6) below, after sub-paragraph (1) there shall be inserted the following sub-paragraph—

“(1A) Unless the Secretary of State by order provides that this sub-paragraph shall no longer apply, the sum specified in a compensation order made by a court-martial for any personal injury shall not exceed such sum as is for the time being specified in sub-paragraph (2) below or such larger sum as may for the time being be specified by an order made by the Secretary of State; and the power to make an order under this sub-paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”

(4) In sub-paragraph (4) the words from “and no such order ” onwards shall be omitted and after that sub-paragraph there shall be inserted the following sub-paragraphs—

“(4A) A compensation order may only be made in respect of injury, loss or damage which was due to an accident arising out of the presence of a motor vehicle on a road if—

(a) it is in respect of damage which is treated by sub-paragraph (3) above as resulting from an offence of unlawfully obtaining any property; or

(b) it is in respect of injury, loss or damage as respects which—

(i) the offender is uninsured in relation to the use of the vehicle; and

(ii) compensation is not payable under any arrangements specified by the Secretary of State for the purposes of this paragraph;

and, where a compensation order is made in respect of injury, loss or damage due to such an accident, the amount to be paid may include an amount representing the whole or part of any loss of or reduction in preferential rates of insurance attributable to the accident.

(4B) For the purposes of sub-paragraph (4A) above, a person is not uninsured in relation to the use of a vehicle if—

(a) the vehicle is in the public service of the Crown; or

(b) the use of the vehicle is exempted from insurance by section 144 of the Road Traffic Act 1988 or paragraph (2) or paragraph (3) of Article 90 of the Road Traffic (Northern Ireland) Order 1981.”

(5) After sub-paragraph (5) there shall be inserted the following sub-paragraph—

“(6) Where the court considers—

(a) that it would be appropriate both to impose a fine and to make a compensation order, but

(b) that the person concerned has insufficient means to pay both an appropriate fine and appropriate compensation,

the court shall give preference to compensation (though it may impose a fine as well).”

(6) Subsection (3) above shall not apply in relation to paragraph 11 of Schedule 4A to the 1957 Act; but after sub-paragraph (1) of that paragraph there shall be inserted the following sub-paragraph—

“(1A) Unless the Secretary of State by order provides that this sub-paragraph shall no longer apply, the sum specified in a compensation order made for any personal injury shall not exceed such sum as is for the time being specified in paragraph 11(2) of Schedule 5A to the Army Act 1955 or such larger sum as may for the time being be specified by an order made by the Secretary of State; and the power to make an order under this sub-paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”

Annotations:

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Commencement Information

I1 S. 9 wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2