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Armed Forces Act 2006

Status:

This is the original version (as it was originally enacted).

Second Group of PartsMiscellaneous Matters

Part 14Enlistment, Terms of Service etc

Enlistment, terms of service etc

328Enlistment

(1)The Defence Council may by regulations make provision with respect to the enlistment of persons in the regular forces (including enlistment outside the United Kingdom).

(2)The regulations may in particular make provision—

(a)requiring the enlistment of persons in the regular forces to be undertaken by recruiting officers;

(b)as to the persons, whether or not members of the regular forces, who may be appointed as recruiting officers;

(c)prohibiting the enlistment of persons under the age of 18 without the consent of prescribed persons;

(d)deeming a person, in prescribed circumstances, to have attained (or not to have attained) that age;

(e)as to the procedure for enlistment (including requiring a recruiting officer to attest the enlistment);

(f)creating offences relating to knowingly giving false answers during the enlistment procedure;

(g)as to the approval for service of persons who have enlisted.

(3)The regulations may also in particular make provision in connection with the validity of a person’s enlistment, including provision—

(a)as to when, how and on what basis the validity of a person’s enlistment may be challenged;

(b)deeming a person, in prescribed circumstances, to have been validly enlisted;

(c)conferring on a person a right to discharge in prescribed circumstances;

(d)as to the status of a person until he is discharged.

(4)Where the regulations create an offence they may provide—

(a)that the offence is a service offence and is punishable by any punishment mentioned in rows 2 to 12 of the Table in section 164; or

(b)that the offence is an offence triable summarily by a civilian court in the United Kingdom and is punishable by a fine not exceeding level 1 on the standard scale.

(5)In this section and sections 329 to 331 “prescribed” means prescribed by regulations made by the Defence Council.

329Terms and conditions of enlistment and service

(1)The Defence Council may by regulations make provision with respect to the terms and conditions of enlistment and service of persons enlisting, or who have enlisted, in the regular forces.

(2)The regulations may in particular make provision for the purposes of—

(a)specifying the duration of the term for which a person is enlisted (whether by reference to a number of years or another criterion or both);

(b)requiring any such term to be one of service with a regular force, or to be in part service with a regular force and in part service with a reserve force;

(c)enabling a person to end his service with a regular force at a prescribed time, or to transfer at a prescribed time to a reserve force;

(d)restricting a person, in consideration of the acceptance by him of any benefit or advantage, from exercising any right referred to in paragraph (c);

(e)enabling a person enlisted for a term of service of a prescribed description to be treated as if he had enlisted for a term of service of a different description;

(f)enabling a person to extend or reduce the term of his service (whether with a regular force or a reserve force, or both);

(g)enabling a person to continue in service after completion of the term of his service;

(h)enabling a person in a reserve force to re-enter service with a regular force;

(i)enabling a person to restrict his service to service in a particular area;

(j)requiring a person who has restricted his service to service in a particular area to serve outside that area for a number of days in any year not exceeding a prescribed maximum.

(3)The exercise of any right conferred on a person by virtue of subsection (2) may be made subject to prescribed conditions.

(4)The Defence Council may also by regulations make provision enabling—

(a)a member of the regular army of or below the rank of warrant officer, or

(b)a member of the Army Reserve of or below the rank of warrant officer who is in permanent service on call-out under any provision of the Reserve Forces Act 1980 (c. 9) or the Reserve Forces Act 1996 (c. 14),

to be transferred between corps without his consent in prescribed circumstances.

(5)Regulations under subsection (4) may in particular make provision for varying the terms and conditions of service of a person transferred between corps.

(6)In this section “corps” means any body of the regular army that may from time to time be declared by Royal Warrant to be a corps.

330Desertion and absence without leave: forfeiture of service etc

(1)The Defence Council may by regulations make provision—

(a)with respect to the making of a confession by a member of the regular forces that he is guilty of an offence under section 8 (desertion);

(b)for the making of a determination as to whether a trial may be dispensed with in the case of a person who makes such a confession;

(c)for the forfeiture of a period of service of such a person where a trial is so dispensed with.

(2)The Defence Council may also by regulations make provision for the forfeiture of a period of service of a member of the regular forces who is convicted of an offence under section 8.

(3)Regulations under subsection (1) or (2) may include provision for enabling a determination to be made in prescribed circumstances restoring (in whole or in part) a forfeited period of service.

(4)The Defence Council may also by regulations make provision with respect to—

(a)the issue of a certificate of absence in respect of a member of the regular forces absent without leave for more than a prescribed period;

(b)the effects of such a certificate (in particular in connection with the pay and allowances of the person in respect of whom it is issued).

331Discharge etc from the regular forces and transfer to the reserve forces

(1)The Defence Council may by regulations make provision with respect to—

(a)the discharge of members of the regular forces of or below the rank or rate of warrant officer;

(b)the transfer of such persons to the reserve forces.

(2)The regulations may in particular make provision with respect to—

(a)authorisation of a person’s discharge or transfer to a reserve force;

(b)the status of a person who is entitled to be, but has not yet been, discharged or transferred to a reserve force.

(3)The regulations may also in particular make provision conferring on a warrant officer (other than an acting warrant officer) a right to be discharged—

(a)following his reduction in rank or rate; or

(b)following his reduction in rank or rate in prescribed circumstances.

(4)The regulations may also in particular make provision enabling—

(a)the discharge of a person from the regular forces (including by virtue of subsection (3)), or

(b)the transfer of a person to a reserve force,

to be postponed in prescribed circumstances.

332Restriction on administrative reduction in rank or rate

(1)The rank or rate of a warrant officer or non-commissioned officer (“the relevant person”) may be reduced only by an order within subsection (2).

(2)An order is within this subsection if—

(a)it is made by the relevant person’s commanding officer; and

(b)it reduces the rank or rate of the relevant person—

(i)by one acting rank or rate; or

(ii)if he has no acting rank or rate, by one substantive rank or rate.

(3)An order reducing the rank of a person who is a corporal in any of Her Majesty’s air forces is within subsection (2)(b)(i) (if he is an acting corporal) or (2)(b)(ii) (if he is not) if, and only if, it reduces his rank to the highest rank he has held in that force as an airman.

(4)A commanding officer who is of or below the rank of commodore, brigadier or air commodore may make an order within subsection (2) only with the permission of higher authority; but this does not apply if the relevant person is a lance corporal or lance bombardier.

(5)Nothing in this section applies to a reduction in rank or rate by virtue of a sentence.

(6)Nothing in this section applies in relation to the reversion of a person, otherwise than on account of his conduct, from his acting rank or rate to his substantive rank or rate.

333Pay, bounty and allowances

(1)Her Majesty may by warrant make provision with respect to pay, bounty and allowances for members of the regular or reserve forces.

(2)A Royal Warrant made under this section may in particular—

(a)provide for the way in which pay, bounty and allowances are to be paid;

(b)impose conditions or restrictions on the making of such payments;

(c)confer a discretion on any person.

(3)Provision that may be made by virtue of subsection (2)(b) includes in particular provision authorising the making of a deduction from a payment to a person—

(a)in respect of anything (including any service) supplied to him;

(b)in order to recover any overpayment or advance; or

(c)in order to reclaim any relevant payment.

(4)For the purposes of subsection (3)(c) a payment is “relevant” if—

(a)it was made on condition that it would or might be repayable in specified circumstances; and

(b)any such circumstance has occurred.

(5)A Royal Warrant under this section may not authorise the forfeiture of pay.

(6)A Royal Warrant under this section may not make provision about money distributable under the Naval Agency and Distribution Act 1864 (c. 24).

(7)Section 373(5) (power to make supplementary provision etc) applies in relation to Royal Warrants under this section.

(8)A Royal Warrant under this section may be amended or revoked by a further Royal Warrant under this section.

(9)Nothing in this section prevents provision as to rates of allowances from being made otherwise than under this section.

Redress of individual grievances

334Redress of individual grievances: service complaints

(1)If—

(a)a person subject to service law thinks himself wronged in any matter relating to his service, or

(b)a person who has ceased to be subject to service law thinks himself wronged in any such matter which occurred while he was so subject,

he may make a complaint about the matter under this section (a “service complaint”).

(2)But a person may not make a service complaint about a matter of a description specified in regulations made by the Secretary of State.

(3)The Defence Council must by regulations make provision with respect to the procedure for making and dealing with service complaints.

(4)The regulations must in particular make provision requiring—

(a)a service complaint to be made to an officer of a prescribed description;

(b)the officer to whom a service complaint is made to decide whether to consider the complaint himself or to refer it to a superior officer of a prescribed description or to the Defence Council;

(c)a service complaint considered by the officer to whom the complaint is made to be referred, on the application of the complainant, to a superior officer of a prescribed description or (if the officer considers it appropriate) to the Defence Council;

(d)a superior officer to whom a service complaint is referred by virtue of paragraph (b) or (c) to decide whether to consider the complaint himself or to refer it to the Defence Council;

(e)a service complaint considered by a superior officer to whom the complaint is referred by virtue of paragraph (b) or (c) to be referred, on the application of the complainant, to the Defence Council.

(5)Without prejudice to the generality of subsections (3) and (4), the regulations may also make provision—

(a)as to the way in which a service complaint is to be made (including provision as to the information to be provided by the complainant);

(b)that a service complaint, or an application of a kind mentioned in subsection (4)(c) or (e), may not be made, except in prescribed circumstances, after the end of a prescribed period.

(6)A period prescribed under subsection (5)(b) must not be less than three months beginning with the day on which the matter complained of occurred.

(7)If, under provision made by virtue of subsections (3) and (4)—

(a)an officer decides to consider a service complaint himself, or

(b)a service complaint is referred to the Defence Council,

the officer or the Defence Council (“the appropriate person”) must decide whether the complaint is well-founded.

(8)If the appropriate person decides that the complaint is well-founded, he must—

(a)decide what redress (if any), within his authority, would be appropriate; and

(b)grant any such redress.

(9)In this section “prescribed” means prescribed by regulations made by the Defence Council.

335Service complaints: role of Defence Council and service complaint panels

(1)The Defence Council may, to such extent and subject to such conditions as they consider appropriate, delegate to a panel of persons (a “service complaint panel”) all or any of the functions conferred on the Defence Council by or under section 334.

(2)The delegation under subsection (1) of a function may relate to—

(a)a particular service complaint; or

(b)any service complaint of a description determined by the Defence Council.

(3)The members of a service complaint panel, other than any member appointed by virtue of section 336(6)(a), are to be appointed by the Defence Council (see further section 336).

(4)The Defence Council may, to such extent and subject to such conditions as they consider appropriate, delegate to a person employed in the civil service of the State or an officer—

(a)their function of deciding whether, and if so to what extent and subject to what conditions, they should delegate any of their functions to a service complaint panel under subsection (1);

(b)their function of appointing members of service complaint panels under subsection (3).

(5)The delegation under subsection (4) of a function may relate to—

(a)a particular service complaint;

(b)any service complaint of a description determined by the Defence Council; or

(c)all service complaints.

(6)The Defence Council may require a service complaint panel to assist them in carrying out any of the functions conferred on them by or under section 334.

(7)The Defence Council may authorise a person (whether or not a service complaint panel or a member of such a panel) to investigate on their behalf—

(a)a particular service complaint; or

(b)any service complaint of a description determined by them.

(8)In this section “service complaint” has the same meaning as in section 334.

(9)Nothing in this section affects the application of section 1(5) or (7) of the Defence (Transfer of Functions) Act 1964 (c. 15) (discharge by Service Boards of Defence Council’s functions under any enactment etc) to the functions of the Defence Council (in particular, the functions conferred on them by or under section 334 and this section).

336Composition and procedure of service complaint panels

(1)A person may not be a member of a service complaint panel unless he is—

(a)a senior officer (see subsection (4)); or

(b)a person employed in the civil service of the State;

but this is subject to any regulations made by virtue of subsection (6)(a) (appointment of independent members).

(2)A service complaint panel must consist of at least two members.

(3)At least one member of a service complaint panel must be a senior officer.

(4)In this section “senior officer” means an officer who is—

(a)subject to service law; and

(b)of or above the rank of commodore, brigadier or air commodore.

(5)The Secretary of State may by regulations—

(a)make further provision with respect to the composition of service complaint panels;

(b)make provision as to the procedure of service complaint panels (either generally or in prescribed circumstances).

(6)The regulations may in particular—

(a)require, in the case of any service complaint of a prescribed description, a service complaint panel to include one independent member;

(b)impose, in the case of all service complaints or any service complaint of a prescribed description, any requirement in addition to those imposed by subsections (1) to (4);

(c)impose, in the case of any service complaint of a prescribed description, a greater requirement than that imposed by any provision of those subsections (for example, requiring an officer to be of or above a higher rank than those specified in subsection (4) in order to be a senior officer for the purposes of this section).

(7)In this section—

  • “independent member” means a person appointed by the Secretary of State who is not—

    (a)

    a member of the regular or reserve forces; or

    (b)

    a person employed in the civil service of the State;

  • “prescribed” means prescribed by regulations under this section;

  • “service complaint” has the same meaning as in section 334;

  • “service complaint panel” has the same meaning as in section 335.

337Reference of individual grievance to Her Majesty

(1)This section applies if conditions A to C are met.

(2)Condition A is that a service complaint is made about a matter by—

(a)an officer; or

(b)a person who was an officer at the time the matter occurred.

(3)Condition B is that—

(a)a decision on the complaint is taken by the Defence Council under section 334; and

(b)the Defence Council’s function of taking that decision is not delegated to a service complaint panel to any extent.

(4)Condition C is that the complainant makes an application to the Defence Council stating why, in his view—

(a)he should be given redress; or

(b)he should be given different or additional redress.

(5)The Defence Council must make a report on the complaint to Her Majesty, in order to receive the directions of Her Majesty on the complaint.

(6)In this section—

  • “service complaint” has the same meaning as in section 334;

  • “service complaint panel” has the same meaning as in section 335.

Role of Service Complaints Commissioner

338Referral by Service Complaints Commissioner of certain allegations

(1)This section applies where the Service Complaints Commissioner (“the Commissioner”) considers that any communication made to him contains an allegation that a person named in such a communication—

(a)is subject to service law and has been wronged in a prescribed way; or

(b)was wronged in such a way while he was so subject.

(2)The Commissioner may refer the allegation to the officer whom he considers to be the relevant officer.

(3)If the allegation is referred under subsection (2), the officer to whom it is referred must as soon as is reasonably practicable—

(a)inform the person that the allegation has been so referred;

(b)ensure that the person is aware of—

(i)the procedure for making a service complaint; and

(ii)the effect on the making of service complaints of any regulations made by virtue of section 334(5)(b) (time limits for service complaints); and

(c)ascertain whether he wishes to make a service complaint in respect of the alleged wrong.

(4)Regulations made by the Secretary of State must provide that where the allegation is referred under subsection (2), the prescribed person must within the prescribed period notify the Commissioner of prescribed matters.

(5)In this section—

  • “prescribed” means prescribed by regulations made by the Secretary of State;

  • “relevant officer” means the officer to whom a service complaint made by the person in respect of the alleged wrong is (under regulations made under section 334) to be made;

  • “service complaint” has the same meaning as in that section.

339Reports by Commissioner on system for dealing with service complaints etc

(1)The Service Complaints Commissioner (“the Commissioner”) must prepare and give to the Secretary of State, as soon as practicable after the end of each relevant period, a report as to—

(a)the efficiency, effectiveness and fairness with which the system under this Part for dealing with service complaints has operated during that period;

(b)the exercise by the Commissioner during that period of his function under section 338 of referring allegations; and

(c)such other aspects of the system mentioned in paragraph (a), and such matters relating to the function mentioned in paragraph (b), as the Commissioner considers appropriate or the Secretary of State may direct.

(2)The Secretary of State must lay before Parliament each report under subsection (1) received by him.

(3)The Secretary of State may exclude from any report laid under subsection (2) any material whose publication he considers—

(a)would be against the interests of national security; or

(b)might jeopardise the safety of any person.

(4)The Secretary of State may require the Commissioner to prepare and give to him a report on—

(a)any aspect of the system mentioned in subsection (1)(a);

(b)any matter relating to the function mentioned in subsection (1)(b).

(5)In this section—

  • “relevant period” means a period of one year beginning with—

    (a)

    the date this section comes into force; or

    (b)

    an anniversary of that date;

  • “service complaint” has the same meaning as in section 334.

Restriction on aliens

340Restriction on aliens in regular forces etc

(1)An alien may not be a member of—

(a)the regular forces; or

(b)any of Her Majesty’s forces raised under the law of a British overseas territory.

(2)But the Defence Council may make regulations providing for subsection (1) not to apply to an alien who satisfies prescribed conditions.

(3)Such a condition may require the alien—

(a)to be of a prescribed nationality; and

(b)to serve in a prescribed unit.

(4)Section 3 of the Act of Settlement (1700 c. 2) does not prevent any person from being a member of any of Her Majesty’s forces.

(5)In this section “prescribed” means prescribed by regulations made by the Defence Council.

Part 15Forfeitures and Deductions

341Forfeitures and deductions: general provisions

(1)No forfeiture of the pay of a person subject to service law may be imposed unless authorised by or under this Act or any other Act.

(2)No deduction from the pay of a person subject to service law may be made unless authorised by or under this Act or any other Act.

(3)Subsections (1) and (2) do not prevent the making by a Royal Warrant under section 333, or by any regulation, order or instruction of the Defence Council, of provision—

(a)for the imposition of any forfeiture authorised by or under an Act;

(b)for the making of any deduction so authorised;

(c)for the time at which and the way in which amounts may be deducted from pay to give effect to authorised deductions;

(d)as to the appropriation of amounts deducted;

(e)for the determination of questions relating to forfeitures and deductions.

(4)A person subject to service law shall, notwithstanding any deduction from his pay but subject to any forfeiture, remain in receipt of pay at not less than such minimum rate as may be prescribed by regulations made by the Defence Council.

(5)Notwithstanding the forfeiture of the pay of a person subject to service law for any period, he may remain in receipt of pay at such minimum rate as may be prescribed by regulations made by the Defence Council; but the amount received for that period may be recovered from him by deduction from pay.

(6)Any amount authorised to be deducted from the pay of a person subject to service law may also be deducted from any bounty, allowance or grant which may be due to him; and references in this section and section 342 to the making of deductions from pay are to be read accordingly.

342Permitted forfeitures and deductions

(1)The Secretary of State may by regulations make provision for the purpose of enabling the Defence Council, or officers authorised by them, to make orders—

(a)authorising the pay of a person subject to service law to be forfeited for or in respect of any period of prescribed absence from duty;

(b)authorising deductions to be made from the pay of a relevant person and to be appropriated in or towards satisfaction of any amount paid by or on behalf of a service authority to meet the whole or part of a sum that the person has been ordered to pay by a civilian court (anywhere);

(c)authorising deductions to be made from the pay of a relevant person and to be appropriated as or towards compensation for any loss of, or damage to, public or service property which a prescribed person is satisfied has been caused by the relevant person’s wrongful act or negligence;

(d)authorising deductions to be made from the pay of a person subject to service law and to be appropriated in or towards satisfaction of any payment which he is required to make in respect of a financial penalty;

(e)authorising deductions to be made from the pay of a relevant person and to be appropriated in or towards satisfaction of—

(i)any prescribed payment which he is required to make under, or in connection with, a prescribed maintenance order;

(ii)any obligation on his part to make periodical payments in accordance with a prescribed maintenance assessment or maintenance calculation; or

(iii)any amount required to be paid by him by virtue of any judgment or order enforceable by a court in the United Kingdom;

(f)authorising deductions to be made from the pay of a relevant person and to be appropriated towards the maintenance of a spouse, civil partner, former spouse, former civil partner, child or prescribed person.

(2)Regulations under this section may in particular make provision—

(a)with respect to the duration, variation, revocation, continuation or suspension of such orders;

(b)conferring functions in relation to such orders on the Defence Council;

(c)for the delegation by the Defence Council of any of their functions in relation to such orders;

(d)limiting the amount which may be deducted from a person’s pay;

(e)requiring prescribed persons to provide prescribed information, or to supply copies of prescribed documents, to the Defence Council or persons authorised by them;

(f)with respect to the computation of time for the purposes of orders made by virtue of subsection (1)(a);

(g)with respect to the carrying out of investigations in connection with orders made by virtue of subsection (1)(c);

(h)with respect to the standard of proof which is to apply in connection with orders made by virtue of subsection (1)(c);

(i)for any prescribed forfeiture of a person’s pay to apply only to so much of his pay as remains after any deduction from that pay in accordance with an order made by virtue of subsection (1)(e) or (f);

(j)with respect to the procedure which is to apply in connection with orders made by virtue of subsection (1)(f).

(3)Any forfeiture or deduction imposed by virtue of subsection (1)(a), (b) or (c) may be remitted—

(a)by the Defence Council; or

(b)by an officer authorised by the Defence Council.

(4)In this section—

  • “financial penalty” means—

    (a)

    a fine or service compensation order imposed by virtue of this Act (including a fine or service compensation order with respect to which an order under section 268 (order for service parent or guardian to pay fine or compensation) has been made);

    (b)

    a sum adjudged to be paid under section 236(3) (forfeiture of recognizance); or

    (c)

    an order as to the payment of costs made by virtue of regulations under section 26, or made under section 27, of the Armed Forces Act 2001 (c. 19);

  • “prescribed” means prescribed, or of a description prescribed, by regulations under this section;

  • “public property” has the meaning given by section 26(2);

  • “relevant person” means a person subject to service law by reason of section 367(1) or (2)(a), (b), (c) or (e);

  • “service property” has the meaning given by section 26(3).

(5)The reference in subsection (1)(e)(iii) to a judgment or order enforceable by a court in the United Kingdom includes a judgment enforceable by the Enforcement of Judgments Office.

Part 16Inquiries

343Service inquiries

(1)The Secretary of State may make regulations for causing inquiries, to be known as service inquiries, to be held (whether or not in the United Kingdom) in prescribed circumstances in relation to matters connected with any of Her Majesty’s forces.

(2)The regulations may in particular make provision with respect to—

(a)the persons, to be known as a service inquiry panel, who are to conduct a service inquiry;

(b)the functions of a service inquiry panel;

(c)the matters that may, or must, be referred to a service inquiry panel;

(d)the persons who may convene, and refer matters to, a service inquiry panel;

(e)the procedure of service inquiry panels;

(f)evidence, including the admissibility of evidence;

(g)the representation of witnesses and other persons.

(3)Without prejudice to the generality of subsections (1) and (2), the regulations may make provision—

(a)conferring on a person designated for the purpose by the Secretary of State power to determine, in prescribed circumstances, that a matter of a kind that must be referred to a service inquiry panel need not be so referred (and as to the recording of such a determination);

(b)as to oaths and affirmations for witnesses and other persons;

(c)conferring on prescribed persons a right, subject to such exceptions as may be prescribed, to be present at proceedings of a service inquiry panel;

(d)for procuring the attendance of witnesses and other persons and the production of documents and other things (including the giving of notices by judge advocates);

(e)about the payment of expenses to persons attending proceedings of service inquiry panels;

(f)for the making and retention of records of the proceedings of service inquiry panels;

(g)for the supply of copies of such records, including provision about the fees payable for the supply of such copies;

(h)for evidence given before service inquiry panels not to be admissible at a summary hearing or in proceedings before a court of a prescribed description, except in the case of proceedings for an offence of a prescribed description.

(4)The regulations may also make provision which is equivalent to that made by any provision of section 35 of the Inquiries Act 2005 (c. 12) (offences in connection with inquiries), subject to such modifications as the Secretary of State considers appropriate.

(5)Where the regulations create an offence they may provide—

(a)that the offence is a service offence and is punishable by any punishment mentioned in rows 7 to 12 of the Table in section 164; or

(b)that the offence is an offence triable summarily by a civilian court in the United Kingdom, the Isle of Man or a British overseas territory and is punishable by a fine not exceeding level 3 on the standard scale.

(6)In this section “prescribed” means prescribed by regulations under this section.

Part 17Miscellaneous

Offences relating to service matters punishable by civilian courts

344Aiding or abetting etc desertion or absence without leave

(1)A person commits an offence if he aids, abets, counsels or procures the commission by another person of an offence under section 8 (desertion) or 9 (absence without leave).

(2)A person commits an offence if—

(a)he knows that another person (“B”) is subject to service law;

(b)he does an act intending to cause B to be absent without leave; and

(c)it causes B to be absent without leave.

(3)A person (“A”) commits an offence if—

(a)another person (“B”) has committed an offence under section 8 or 9;

(b)A knows or believes B to be guilty of that offence; and

(c)A does an act intending to impede B’s apprehension or prosecution.

(4)Subsections (1) to (3) apply to any aiding, abetting, counselling or procuring, or (as the case may be) any act, done—

(a)in a relevant territory;

(b)otherwise than in a relevant territory, by a United Kingdom national (see section 347) or a person resident in a relevant territory.

(5)In subsection (4) “relevant territory” means—

(a)the United Kingdom;

(b)the Isle of Man; or

(c)a British overseas territory.

(6)In subsection (2) (and subsection (4) so far as relating to that subsection) “act” includes an omission, and the references to the doing of an act are to be read accordingly.

(7)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding the relevant maximum or to a fine not exceeding the statutory maximum, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(8)In subsection (7) “the relevant maximum” is—

(a)in relation to England and Wales, 12 months;

(b)otherwise, 6 months.

345Aiding or abetting etc malingering

(1)A person commits an offence if he aids, abets, counsels or procures the commission by another person of an offence under section 16 (malingering).

(2)A person commits an offence if—

(a)he knows that a person (“B”) is subject to service law; and

(b)intending to cause B to avoid service, by any act—

(i)he causes B an injury; or

(ii)he aggravates or prolongs any injury of B's.

(3)A person commits an offence if—

(a)he knows that a person (“B”) is subject to service law; and

(b)intending to cause B to avoid service, by any act—

(i)he causes B to believe that B has an injury; or

(ii)he causes another person to believe that B has an injury.

(4)Subsections (1) to (3) apply to any aiding, abetting, counselling or procuring, or (as the case may be) any act, done—

(a)in a relevant territory;

(b)otherwise than in a relevant territory, by a United Kingdom national (see section 347) or a person resident in a relevant territory.

(5)In subsection (4) “relevant territory” means—

(a)the United Kingdom;

(b)the Isle of Man; or

(c)a British overseas territory.

(6)In this section “injury” and “service” have the same meanings as in section 16.

(7)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding the relevant maximum or to a fine not exceeding the statutory maximum, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(8)In subsection (7) “the relevant maximum” is—

(a)in relation to England and Wales, 12 months;

(b)otherwise, 6 months.

346Obstructing persons subject to service law in course of duty

(1)A person commits an offence if—

(a)he intentionally obstructs a person (“B”);

(b)B is a person subject to service law acting in the course of his duty; and

(c)he knows or has reasonable cause to believe that B is subject to service law.

(2)Subsection (1) applies to anything done in—

(a)the United Kingdom;

(b)the Isle of Man; or

(c)a British overseas territory.

(3)A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the relevant maximum, or to a fine not exceeding level 3 on the standard scale, or to both.

(4)In subsection (3) “the relevant maximum” is—

(a)in relation to England and Wales, 51 weeks;

(b)otherwise, 6 months.

347Sections 344 to 346: supplementary provisions

(1)If an offence under section 344 or 345 is committed in a British overseas territory—

(a)proceedings may be taken, and

(b)the offence may for incidental purposes be treated as having been committed,

in any place in the United Kingdom or the Isle of Man (without prejudice to the right to take proceedings in that British overseas territory).

(2)If an offence under section 344 or 345 is committed otherwise than in the United Kingdom, the Isle of Man or a British overseas territory—

(a)proceedings may be taken, and

(b)the offence may for incidental purposes be treated as having been committed,

in any place in the United Kingdom, the Isle of Man or a British overseas territory.

(3)In sections 344 and 345 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.

(4)In sections 344 to 346 any reference to a person knowing or having reasonable cause to believe that another person is subject to service law is a reference to—

(a)his knowing the circumstances by virtue of which that other person is subject to service law; or

(b)(as the case may be) his having reasonable cause to believe that those circumstances exist.

348British overseas territories: references to maximum penalties

(1)This section applies in relation to any provision of—

(a)section 344, 345 or 346, or

(b)regulations made by virtue of section 343(5)(b),

specifying the maximum term of imprisonment, or the maximum fine, to which a person guilty of an offence under that section, or under those regulations, is liable.

(2)In relation to any such provision as it extends to a British overseas territory, the law of the British overseas territory may—

(a)provide for the maximum term of imprisonment to be longer or shorter than that provided for by the provision;

(b)provide for the maximum fine to be higher or lower than that provided for by the provision;

(c)specify the amount of the local currency that is to be treated as equivalent to the maximum fine provided for by the provision or provided for by virtue of paragraph (b).

Exemptions from certain civil matters

349Exemption from tolls and charges

(1)No toll or charge within subsection (2) is payable in respect of 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.

(2)A toll or charge is within this subsection if it is payable—

(a)for passing over a road or bridge, or through a tunnel, in the United Kingdom or the Isle of Man; or

(b)under a scheme for imposing charges in respect of the keeping or use of vehicles on particular roads in the United Kingdom or the Isle of Man.

350Exemption of property used for service purposes from execution

A judgment or order given or made by a court in—

(a)any part of the United Kingdom,

(b)the Isle of Man, or

(c)a British overseas territory,

against a member of any of Her Majesty’s forces may not be enforced by the levying of execution on, or (in Scotland) the execution of diligence on, any weapon, equipment, instrument or clothing of his which is used by him in the course of his service in that force.

Powers of officers etc

351Detention etc of persons in overseas service hospitals

Schedule 12 (powers to admit persons to and detain them in overseas service hospitals etc) has effect.

352Power to take affidavits and declarations

(1)An authorised officer may, at a place outside the British Islands, take an affidavit or declaration from a person subject to service law or a civilian subject to service discipline.

(2)An authorised officer before whom such an affidavit or declaration is taken must state in the jurat or attestation his full name and rank and the date on which and the place at which the affidavit or declaration was taken.

(3)A document containing such a statement and purporting to be signed by an authorised officer shall be admitted in evidence without proof of the signature or of the facts set out in the statement.

(4)For the purposes of this section an officer is “authorised” if he is subject to service law and—

(a)is of or above the rank of lieutenant commander, major or squadron leader; or

(b)is of the rank of naval lieutenant, military or marine captain or flight lieutenant and—

(i)has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41);

(ii)is an advocate or solicitor in Scotland;

(iii)is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland; or

(iv)has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.

(5)In this section “relevant territory” means—

(a)any of the Channel Islands;

(b)the Isle of Man;

(c)a Commonwealth country; or

(d)a British overseas territory.

Protection of children of service families

353Protection of children of service families

Schedule 13 (amendments relating to protection of children of service families) has effect.

Miscellaneous

354Extension of powers of command dependent on rank or rate

An officer, warrant officer or non-commissioned officer of a regular or reserve force who is subject to service law (“A”) has, over members of any other such force who are of inferior rank or rate to A, such powers of command as are dependent on rank or rate.

355Service of process

(1)The Secretary of State may by regulations make provision with respect to the service of process on a relevant person in connection with proceedings of a description prescribed by the regulations.

(2)Regulations under this section may in particular make provision—

(a)for any process served on a person’s commanding officer to be treated as duly served on the person;

(b)with respect to cases in which service of process is to be of no effect.

(3)In this section “relevant person” means—

(a)a person subject to service law by reason of section 367(1) or (2)(a), (b), (c) or (e); or

(b)a civilian subject to service discipline.

356Avoidance of assignment of or charge on pay and pensions etc

(1)Each of the following shall be void—

(a)every assignment (or, in Scotland, assignation) of any relevant pay or pension;

(b)every charge on any relevant pay or pension;

(c)every agreement to assign or charge any relevant pay or pension.

(2)In this section “relevant pay or pension” means any pay, pension, benefit, bounty, grant or allowance payable to any person in respect of his or any other person’s service in Her Majesty’s forces.

(3)No order may be made by a court the effect of which would be—

(a)to prevent any person from receiving any relevant pay or pension; and

(b)to direct payment of it to another person.

(4)Nothing in this section—

(a)applies to the making or variation of attachment of earnings orders or of earnings arrestments; or

(b)prejudices any enactment or subordinate legislation providing for the payment of any sum to—

(i)a bankrupt’s trustee in bankruptcy, or

(ii)a permanent trustee in a sequestration under the Bankruptcy (Scotland) Act 1985 (c. 66),

for distribution among creditors.

(5)In this section—

(a)“enactment” includes any provision of an Act of the Scottish Parliament or Northern Ireland legislation;

(b)the reference to subordinate legislation includes an instrument made under such an Act or under Northern Ireland legislation.

357Power of British overseas territory to apply Act, etc

Where any of Her Majesty’s forces is raised under the law of a British overseas territory, any such law—

(a)may make provision in relation to that force and its members so as to have effect when they are outside that territory (as well as when they are within it); and

(b)may apply in relation to the force and its members all or any of the provisions of this Act, with or without modifications.

358Amendments relating to reserve forces

Schedule 14 (amendments relating to the reserve forces) has effect.

359Pardons for servicemen executed for disciplinary offences: recognition as victims of First World War

(1)This section applies in relation to any person who was executed for a relevant offence committed during the period beginning with 4 August 1914 and ending with 11 November 1918.

(2)Each such person is to be taken to be pardoned under this section in respect of the relevant offence (or relevant offences) for which he was executed.

(3)In this section “relevant offence” means any of the following—

(a)an offence under any of the following provisions of the Army Act 1881 (c. 58)

(i)section 4(2) (casting away arms etc);

(ii)section 4(7) (cowardice);

(iii)section 6(1)(b) (leaving post etc without orders);

(iv)section 6(1)(k) (sentinel sleeping etc on post or leaving post);

(v)section 7 (mutiny and sedition);

(vi)section 8(1) (striking etc superior officer);

(vii)section 9(1) (disobedience in defiance of authority);

(viii)section 12(1) (desertion or attempt etc to desert);

(b)an offence under any of the following provisions of the Indian Army Act 1911 (Indian Act, No 8 of 1911)—

(i)section 25(b) (casting away arms, cowardice, etc);

(ii)section 25(g) (sentry sleeping on post or quitting post);

(iii)section 25(i) (quitting guard etc);

(iv)section 27 (mutiny, disobedience, etc);

(v)section 29 (desertion or attempt to desert).

(4)This section does not—

(a)affect any conviction or sentence;

(b)give rise to any right, entitlement or liability; or

(c)affect the prerogative of mercy.

(5)Any reference in this section to a provision of the Army Act 1881 (c. 58) includes a reference to that provision as applied by any enactment, wherever enacted.

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