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Armed Forces Act 2006

Section 367: Persons subject to service law: regular and reserve forces

742.This section provides for when members of the armed forces are “subject to service law”. The test whether a person is “subject to service law” is a key one for most of the provisions of the Act. For example the various disciplinary offences under Part 1 of the Act are defined so that they relate to conduct of persons “subject to service law” (Some provisions of the Act also relate , and a few only relate, to “civilians subject to service discipline”: that term is defined by section 370 and Schedule 15).

743.All members of the armed forces are in the “regular forces” or the “reserve forces” (These expressions are defined in section 374). Under this section all members of the regular forces are subject to service law at all times. Member of the reserve forces are, broadly speaking, subject to service law only when carrying out training or duties or when “called out” for service under the legislation relating to the Reserve Forces (the Reserve Forces Acts 1980 and 1996).

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