CoronavirusSee Coronavirus legislation
on legislation.gov.uk
Get Coronavirus guidance from GOV.UK
Additional advice for Scotland | Wales | Northern Ireland

Search Legislation

Armed Forces Act 2006

Changes over time for: Chapter 2

 Help about opening options

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Armed Forces Act 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

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.

View outstanding changes

Changes and effects yet to be applied to Part 3 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 Sch. 4 para. 3(3) repealed (8.3.2015) without ever being in force by 2014 c. 12, Sch. 11 para. 82(2); S.I. 2015/373, art. 2(g)(ii))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 Sch. 25 para. 26(3)(4) repealed (2.4.2012) by 2011 c. 18, Sch. 3 para. 20(3), Sch. 5; S.I. 2012/669, art. 4(d)(f) (with art. 13))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 Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))
  • s. 270B(10) word repealed by 2009 c. 25 Sch. 23 Pt. 5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 Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))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.Stop and Search

75Power of service policeman to stop and search persons, vehicles etcU.K.

(1)A service policeman may, in the circumstances mentioned in subsection (2) and in a place permitted by section 78, search any of the following for stolen or prohibited articles, controlled drugs [F1, psychoactive substances] or Her Majesty's stores—

(a)any person who is, or whom the service policeman has reasonable grounds for believing to be, a person subject to service law or a civilian subject to service discipline;

(b)a service vehicle which is in the charge of any person;

(c)any vehicle which is, or which the service policeman has reasonable grounds for believing to be, in the charge of a person subject to service law or a civilian subject to service discipline;

(d)anything which is in or on a service vehicle or a vehicle within paragraph (c).

(2)The circumstances are that the service policeman has reasonable grounds for suspecting—

(a)that the search will reveal stolen or prohibited articles;

(b)that the search will reveal Her Majesty's stores that have been unlawfully obtained;

[F2(c)in the case of the search of a person, that—

(i)the person is in possession of a controlled drug in circumstances in which he commits an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under the Misuse of Drugs Act 1971, or

(ii)the person is in possession of a psychoactive substance in circumstances in which he commits an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under the Psychoactive Substances Act 2016; or

(d)in the case of the search of a vehicle, that—

(i)the search will reveal a controlled drug that is in a person's possession in the circumstances mentioned in paragraph (c)(i), or

(ii)the search will reveal a psychoactive substance that is in a person's possession in the circumstances mentioned in paragraph (c)(ii).]

(3)A service policeman may detain for the purposes of a search under subsection (1)—

(a)any person who is, or whom the service policeman has reasonable grounds for believing to be, a person subject to service law or a civilian subject to service discipline;

(b)any person in charge of a service vehicle;

(c)any service vehicle; and

(d)any vehicle within subsection (1)(c).

(4)A service policeman may seize any article that he discovers in the course of a search under subsection (1) and that he has reasonable grounds for suspecting to be—

(a)a stolen or prohibited article;

(b)evidence of an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under the Misuse of Drugs Act 1971; F3...

[F4(ba)evidence of an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under the Psychoactive Substances Act 2016; or]

(c)any of Her Majesty's stores that have been unlawfully obtained.

Textual Amendments

Commencement Information

I1S. 75 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. 75 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

76Stop and search by persons other than service policemenU.K.

(1)An officer may order or authorise a person subject to service law (other than a service policeman)—

(a)to search, in a place permitted by section 78—

(i)a person within subsection (2),

(ii)a vehicle in the charge of such a person, or

(iii)anything which is in or on such a vehicle,

for stolen or prohibited articles, controlled drugs [F5, psychoactive substances] or Her Majesty's stores;

(b)to detain such a person or vehicle for the purposes of such a search; and

(c)to seize any article that he discovers in the course of such a search and that he has reasonable grounds for suspecting to be an article within section 75(4)(a) to (c);

but this is subject to subsections (3) to (7).

(2)A person is within this subsection if he is—

(a)a person subject to service law whose commanding officer is the officer mentioned in subsection (1);

(b)a civilian subject to service discipline whose commanding officer is that officer;

(c)a person whom—

(i)that officer (in the case of an order under subsection (1)), or

(ii)the authorised person (in the case of an authorisation under that subsection),

has reasonable grounds for believing to be a person within paragraph (a) or (b).

(3)An order under subsection (1) may be given only in relation to a particular person or vehicle.

(4)An officer may give an order under subsection (1) only in the circumstances mentioned in section 75(2) (references to the service policeman being read as references to the officer).

(5)A person authorised under subsection (1) may exercise the power of search conferred by virtue of that subsection only in the circumstances mentioned in section 75(2) (references to the service policeman being read as references to the authorised person).

(6)An officer may give an order or authorisation under subsection (1) only if he has reasonable grounds for believing that it is likely that—

(a)an offence under section 42 would be committed, or

(b)a person who has committed such an offence would avoid apprehension,

if the powers conferred by this section could not be exercised before the earliest time by which it would be practicable to obtain the assistance mentioned in subsection (7).

(7)That assistance is—

(a)the assistance of a service policeman; or

(b)in a case where corresponding powers conferred by section 1 of PACE or any other enactment are exercisable by a member of a UK police force, the assistance of a member of such a force who is capable of exercising those corresponding powers.

Textual Amendments

Commencement Information

I3S. 76 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. 76 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

77Sections 75 and 76: definitionsU.K.

(1)Subsections (2) to (6) apply for the purposes of sections 75 and 76.

(2)Controlled drug” has the meaning given by section 2 of the Misuse of Drugs Act 1971 (c. 38).

(3)Her Majesty's stores” has the same meaning as in the Public Stores Act 1875 (c. 25).

(4)Prohibited article” means—

(a)an offensive weapon, other than one in the possession of a person who is permitted to have it in his possession for the purposes of any of Her Majesty's forces;

(b)an article made or adapted for use in the course of or in connection with an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence mentioned in subsection (8); or

(c)an article intended by the person having it with him for such use by him or by some other person.

[F6(4A)Psychoactive substance” has the meaning given by section 2(1) of the Psychoactive Substances Act 2016.]

(5)Service vehicle” means 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.

(6)Stolen”, in relation to an article, has the same meaning as it has by virtue of section 24 of the Theft Act 1968 (c. 60) in the provisions of that Act relating to goods which have been stolen.

(7)In subsection (4)(a) “offensive weapon” means any article—

(a)made or adapted for use for causing injury to persons; or

(b)intended by the person having it with him for such use by him or by some other person.

(8)The offences referred to in subsection (4)(b) are—

(a)an offence under section 1 of the Theft Act 1968 (theft);

(b)an offence under section 9 of that Act (burglary);

(c)an offence under section 12 of that Act (taking vehicle etc without consent);

(d)an offence under section 1 of the Criminal Damage Act 1971 (c. 48) (destroying or damaging property);

(e)an offence under section 1 of the Fraud Act 2006 (fraud).

(9)The reference in subsection (4)(b) to an offence under section 42 includes an act or omission which would constitute such an offence if done or made by a person subject to service law.

Textual Amendments

Commencement Information

I5S. 77 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. 77 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

78Places in which powers under sections 75 and 76 may be exercisedU.K.

The powers conferred by sections 75 and 76 may be exercised only in—

(a)any place to which (at the time of exercise of the power) the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission;

(b)any other place to which people have ready access (at the time of exercise of the power) but which is not a dwelling or service living accommodation; and

(c)any premises which (at the time of exercise of the power) are permanently or temporarily occupied or controlled for the purposes of any of Her Majesty's forces but are not service living accommodation.

Commencement Information

I7S. 78 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. 78 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

79Sections 75 and 76: limitation on searching persons or vehicles in certain gardens etcU.K.

(1)Subsection (2) applies if a person (“A”) is in a garden or yard, or on other land, occupied with and used for the purposes of—

(a)a dwelling; or

(b)any service living accommodation within section 96(1)(a).

(2)A person (“B”) may not by virtue of section 78(a) or (b) search A in the exercise of the power conferred by section 75 or 76 unless B has reasonable grounds for believing—

(a)that A does not reside in the dwelling or service living accommodation; and

(b)that A is not in the place in question with the express or implied permission of a person who resides in the dwelling or service living accommodation.

(3)Subsection (4) applies if a vehicle is in a garden or yard, or on other land, occupied with and used for the purposes of—

(a)a dwelling; or

(b)any service living accommodation within section 96(1)(a).

(4)A person may not by virtue of section 78(a) or (b) search the vehicle or anything in or on it in the exercise of the power conferred by section 75 or 76 unless he has reasonable grounds for believing—

(a)that the person in charge of the vehicle does not reside in the dwelling or service living accommodation; and

(b)that the vehicle is not in the place in question with the express or implied permission of a person who resides in the dwelling or service living accommodation.

(5)In this section “dwelling” does not include any dwelling which is permanently or temporarily occupied or controlled for the purposes of any of Her Majesty's forces.

Commencement Information

I9S. 79 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. 79 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

80Searches under sections 75 and 76: supplementaryU.K.

(1)The time for which a person or vehicle may be detained for the purposes of a search under section 75 or 76 is such time as is reasonably required to permit a search to be carried out either at the place where the person or vehicle was first detained or nearby.

(2)Nothing in section 75 or 76 authorises anyone to require a person to remove any of his clothing in public other than an outer coat, jacket, headgear or gloves.

(3)The reference in subsection (2) to headgear does not include headgear worn for religious purposes.

(4)Nothing in this Chapter limits the powers exercisable on any premises if, or to the extent that, the premises are being used for keeping persons in service custody.

Commencement Information

I11S. 80 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. 80 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

81Power to make further provision about searches under sections 75 and 76U.K.

The Secretary of State may by order make provision, in relation to the search of persons or vehicles under section 75 or 76, which is equivalent to that made by any provision of—

(a)section 2(1) to (7) and (9)(b) of PACE (provisions relating to search under section 1 of that Act and other powers), and

(b)section 3 of PACE (duty to make records concerning searches),

subject to such modifications as the Secretary of State considers appropriate.

Commencement Information

I13S. 81 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. 81 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

82Application of Chapter to ships and aircraftU.K.

This Chapter applies to ships and aircraft as it applies to vehicles.

Commencement Information

I15S. 82 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. 82 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources