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Armed Forces Act 2006

Changes over time for: Chapter 2

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Armed Forces Act 2006, Chapter 2 is up to date with all changes known to be in force on or before 12 December 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Part 2 Chapter 2:

  • specified provision(s) transitional provisions for effects of commencing SI 2009/812 by S.I. 2009/1059 Order

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • Pt. 12A inserted by 2016 c. 21 s. 7
  • s. 50(2)(ca) inserted by 2011 c. 18 Sch. 4 para. 3(3) (This amendment not applied to legislation.gov.uk. Sch. 4 para. 3(3) repealed (8.3.2015) without ever being in force by 2014 c. 12, Sch. 11 para. 82(2); S.I. 2015/373, art. 2(g)(ii))
  • s. 270A 270B inserted by 2008 c. 4 Sch. 25 para. 27 (This amendment not applied to legislation.gov.uk. Sch. 25 para. 26(3)(4) repealed (2.4.2012) by 2011 c. 18, Sch. 3 para. 20(3), Sch. 5; S.I. 2012/669, art. 4(d)(f) (with art. 13))
  • s. 270B(6)(aa) inserted by 2009 c. 25 Sch. 17 para. 9(2) (This amendment not applied to legislation.gov.uk. Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))
  • s. 270B(10) word repealed by 2009 c. 25 Sch. 23 Pt. 5
  • s. 270B(10)(a) words inserted by 2009 c. 25 Sch. 17 para. 9(3)(a) (This amendment not applied to legislation.gov.uk. Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))
  • s. 270B(10)(b) words substituted by 2009 c. 25 Sch. 17 para. 9(3)(b) (This amendment not applied to legislation.gov.uk. Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))
  • s. 270B(10)(c)-(e) inserted by 2009 c. 25 Sch. 17 para. 9(3)(c) (This amendment not applied to legislation.gov.uk. Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))
  • s. 304B inserted by 2016 c. 21 s. 8
  • s. 304C inserted by 2016 c. 21 s. 9
  • s. 304D inserted by 2016 c. 21 s. 10
  • s. 304E inserted by 2016 c. 21 s. 11
  • s. 304F-304H inserted by 2016 c. 21 s. 12
  • Sch. 1 para. 14A inserted by 2019 c. 17 s. 67(2)
  • Sch. 1 para. 16A inserted by 2019 c. 17 s. 67(3)
  • Sch. 1 para. 21-24 inserted by 2019 c. 17 s. 67(4)
  • Sch. 2 para. 12(az) inserted by 2018 c. 5 Sch. 12 para. 28

Chapter 2U.K.Time Limits for Commencing Proceedings

Time limits for offences other than Reserve Forces Act offencesU.K.

55Time limit for charging former member of a regular or reserve forceU.K.

(1)This section applies where a person ceases to be a member of a regular or reserve force.

(2)The person may not, after the end of six months beginning with the date he ceased to be a member of that force, be charged with a service offence committed while he was a member.

(3)Subsection (2) applies even if the person rejoins the force within those six months.

Commencement Information

I1S. 55 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2S. 55 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

56Time limit for charging certain members or former members of ex-regular reserve forcesU.K.

(1)This section applies where—

(a)a person, while a member of an ex-regular reserve force, has been subject to an additional duties commitment; and

(b)the person ceases to be subject to the commitment.

(2)The person may not, after the end of six months beginning with the date he ceased to be subject to the commitment, be charged with a service offence committed while he was so subject.

Commencement Information

I3S. 56 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I4S. 56 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

57Time limit for charging person formerly subject to service lawU.K.

(1)This section applies where a person ceases to be subject to service law.

(2)The person may not, after the end of six months beginning with the date he ceased to be subject to service law, be charged with a service offence committed while he was so subject.

(3)Subsection (2) applies even if the person (again) becomes subject to service law within those six months.

(4)Subsection (2) does not apply in relation to an offence committed by a person when he was—

(a)a member of a volunteer reserve force; or

(b)a member of an ex-regular reserve force who was subject to an additional duties commitment.

Commencement Information

I5S. 57 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I6S. 57 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

58Time limit for charging civilian formerly subject to service disciplineU.K.

(1)Subsection (2) applies in any case where a person ceases to be a civilian subject to service discipline, except a case where at the time he does so he becomes subject to service law.

(2)Where this subsection applies—

(a)the person may not, after the end of six months beginning with the date he ceased to be a civilian subject to service discipline, be charged with a service offence committed while he was such a civilian; and

(b)this applies even if he (again) becomes such a civilian within those six months.

(3)Where a person ceases to be a civilian subject to service discipline and at the time he does so becomes subject to service law, section 57 has effect as if—

(a)the reference in subsection (2) to a service offence committed while the person was subject to service law included a service offence committed during the relevant period; and

(b)the reference in subsection (3) to becoming subject to service law included becoming a civilian subject to service discipline.

(4)In subsection (3)(a) above “the relevant period” means the period while the person was a civilian subject to service discipline that ended with his becoming subject to service law.

(5)Subsection (6) applies to a person—

(a)who ceases to be a civilian subject to service discipline by reason only of—

(i)leaving an area designated for the purposes of Schedule 15;

[F1(ia)leaving a country in which he fell within paragraph 5 of that Schedule;]

(ii)entering the British Islands; or

(iii)leaving an area which a designation under paragraph 7 of Schedule 15 specifies as an area that he must be in for the designation to apply to him; and

(b)who is residing or staying in a qualifying place at the time he does so.

(6)As regards that time, and for so long after that time as he continues—

(a)to reside or stay in a qualifying place, and

(b)to be a person who is not a civilian subject to service discipline but who would be such a civilian if he were in a qualifying place,

he is to be treated for the purposes of this section (apart from subsection (5)) as being such a civilian.

(7)In subsections (5) and (6) “in a qualifying place” means—

(a)in relation to a person who falls within subsection (5)(a) by reason of leaving an area designated for the purposes of Schedule 15, in any such area;

[F2(aa)in relation to a person who falls within subsection (5)(a) by reason of leaving a country in which he fell within paragraph 5 of that Schedule, in that country or any other country in which he falls within that paragraph;]

(b)in relation to a person who falls within subsection (5)(a) by reason of entering the British Islands, outside the British Islands;

(c)in relation to a person who falls within subsection (5)(a) by reason of leaving an area mentioned in subsection (5)(a)(iii), in that area.

[F3(8)In subsections (5)(a)(ia) and (7)(aa) “country” is to be read in accordance with paragraph 14 of Schedule 15.]

Textual Amendments

Commencement Information

I7S. 58 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I8S. 58 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

59Time limit for charging offence under section 107U.K.

(1)A person may not be charged with an offence under section 107 (breach of requirement imposed on release from custody) after the end of whichever of the following periods ends last—

(a)six months beginning with the date of commission of the offence;

(b)two months beginning with the date the person is apprehended.

(2)Where subsection (1) prohibits the charging of a person with an offence, the power under section 123(2)(c) or 125(2)(c) may not be exercised so as to charge that person with that offence.

Commencement Information

I9S. 59 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I10S. 59 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

60Time limit for charging offence under section 266U.K.

A person may not be charged with an offence under section 266 (failure to comply with financial statement order) after the end of whichever of the following periods ends first—

(a)two years beginning with the date of commission of the offence;

(b)six months beginning with the date the offence becomes known to a member of the Service Prosecuting Authority.

Commencement Information

I11S. 60 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I12S. 60 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

61Sections 55 to 60: exceptions and interpretationU.K.

(1)References in sections 55 to 60 and this section to charging (except the second such reference in section 59(2)) are to charging under section 120 or 122.

(2)Where any of sections 55 to 58 prohibits the charging of a person with an offence, the person may be charged with the offence if the Attorney General consents.

(3)Each of sections 55 to 60 is without prejudice to the rest of those sections.

(4)Nothing in those sections applies in relation to a Reserve Forces Act offence (as defined by section 62).

Commencement Information

I13S. 61 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I14S. 61 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Time limit for Reserve Forces Act offencesU.K.

62Time limit for charging Reserve Forces Act offencesU.K.

(1)A person may not be charged with a Reserve Forces Act offence after the end of whichever of the following periods ends last—

(a)six months beginning with the date of commission of the offence;

(b)two months beginning with the date the offence becomes known to the person's commanding officer;

(c)two months beginning with the date the person is apprehended;

(d)if the offence was committed when the person was a relevant reservist, six months beginning with the date he ceases to be a relevant reservist.

(2)If—

(a)the offence was committed when the person was a relevant reservist, and

(b)he ceases to be a relevant reservist after committing it,

the period in subsection (1)(d) is not extended by his (again) becoming a relevant reservist within the six months beginning with the date he so ceased.

(3)In this section—

(a)the reference in subsection (1) to charging is to charging under section 120 or 122;

(b)Reserve Forces Act offence” means an offence within section 50(2)(h) or (i);

(c)relevant reservist” means—

(i)a member of a volunteer reserve force; or

(ii)a member of an ex-regular reserve force who is in full-time service or subject to an additional duties commitment;

(d)in full-time service” means in such service under a commitment entered into under section 24 of the Reserve Forces Act 1996 (c. 14).

(4)Where subsection (1) prohibits the charging (as defined by subsection (3)(a)) of a person with an offence, the power under section 123(2)(c) or 125(2)(c) may not be exercised so as to charge that person with that offence.

Commencement Information

I15S. 62 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I16S. 62 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

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