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Armed Forces Act 2006

Section 333: Pay, bounty and allowances

662.The main purpose of this section is to provide harmonised, tri-service provision governing the pay, bounty and allowances of the armed forces. Under the existing law (a mixture of prerogative and statute) various forms of promulgation are used, including Orders in Council under the Naval and Marine Pay and Pensions Act 1865, Royal Warrant and orders under section 2 of the Air Force (Constitution) Act 1917.

663.This section provides for the use of a Royal Warrant to make provision on pay, bounty and allowances for members of the regular and the reserve forces. It also specifies some important provisions which may be made in his way. They include provision for persons to exercise a discretion (some allowances are, for example, discretionary). It also provides that the Royal Warrant may be used to authorise deductions from pay (for example to recover an overpayment). But it cannot be used to authorise a forfeiture of pay. So it cannot be used to authorise the right to pay to be removed, as opposed to authorising that right to be offset by another right, such as the right to recover an overpayment. Forfeiture of pay may only be authorised by or under an Act of Parliament (section 341).

664.Money which can be distributed under the Naval Agency and Distribution Act 1864 (for example payments in relation to salvage and certain naval bounties) will continue to be dealt with under the procedures in that Act. They are excluded from the operation of this section.

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