Search Legislation

Armed Forces Act 2006

Changes over time for: Part 1

 Help about opening options

Changes to legislation:

Armed Forces Act 2006, Part 1 is up to date with all changes known to be in force on or before 16 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

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 Schedule 15 Part 1:

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 Sch. 4 para. 3(3) repealed (8.3.2015) without ever being in force by 2014 c. 12, Sch. 11 para. 82(2); S.I. 2015/373, art. 2(g)(ii))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 Sch. 25 para. 26(3)(4) repealed (2.4.2012) by 2011 c. 18, Sch. 3 para. 20(3), Sch. 5; S.I. 2012/669, art. 4(d)(f) (with art. 13))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 Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))
  • s. 270B(10) word repealed by 2009 c. 25 Sch. 23 Pt. 5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 Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))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 Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))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

Part 1U.K.Civilians subject to service discipline

Persons in one of Her Majesty's aircraft in flightU.K.

1(1)A person is within this paragraph if he is in one of Her Majesty's aircraft in flight.U.K.

(2)For the purposes of sub-paragraph (1) the period during which an aircraft is in flight includes—

(a)any period from the moment when power is applied for the purpose of the aircraft taking off on a flight until the moment when the landing run (if any) at the termination of that flight ends;

(b)any period when the aircraft is on the surface of the sea or navigable waters.

(3)In sub-paragraph (2)(a) a “flight” means a journey by air beginning when the aircraft takes off and ending when it next lands.

(4)In this paragraph “Her Majesty's aircraft” means all aircraft belonging to or used for the purposes of any of Her Majesty's forces.

Commencement Information

I1Sch. 15 para. 1 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)

I2Sch. 15 para. 1 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Persons in one of Her Majesty's ships afloatU.K.

2(1)A person is within this paragraph if he is in one of Her Majesty's ships afloat.U.K.

(2)In this paragraph “Her Majesty's ships” means all ships belonging to or used for the purposes of any of Her Majesty's forces.

(3)For the purposes of this paragraph “afloat” means not on shore.

Commencement Information

I3Sch. 15 para. 2 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)

I4Sch. 15 para. 2 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Persons in service custody etcU.K.

3(1)A person is within this paragraph if—U.K.

(a)he is in service custody; and

(b)his being in service custody is lawful by virtue of any provision of or made under this Act.

(2)A person is also within this paragraph if he is in the course of being arrested, or of having an attempted arrest made of him, by a person who has a duty under service law to apprehend him.

Commencement Information

I5Sch. 15 para. 3 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)

I6Sch. 15 para. 3 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Crown servants in designated area working in support of Her Majesty's forcesU.K.

4(1)A person is within this paragraph (subject to paragraph 11) if—U.K.

(a)he is a Crown servant;

(b)his sole or main role is to work in support of any of Her Majesty's forces; and

[F1(c)either—

(i)he is in a designated area, and his normal place of work in that role is in that designated area; or

(ii)sub-paragraph (i) does not apply, but he is in a designated area and he came there wholly or partly for the purposes of his work in that role.]

(2)In this paragraph “Crown servant” means a person employed by or in the service of the Government of the United Kingdom.

Textual Amendments

F1Sch. 15 para. 4(1)(c) substituted (14.12.2012) by Armed Forces Act 2011 (c. 18), ss. 22(2), 32(3); S.I. 2012/2921, art. 3(a)

Commencement Information

I7Sch. 15 para. 4 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)

I8Sch. 15 para. 4 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Persons working for specified military organisationsU.K.

5(1)A person is within this paragraph (subject to paragraph 11) if—U.K.

(a)he is employed by or in the service of a specified naval, military or air-force organisation of which the United Kingdom is a member;

(b)he is so employed by reason of the United Kingdom's membership of that organisation; and

[F2(c)either—

(i)he is in a country outside the British Islands, and his normal place of work under that employment is in that country; or

(ii)sub-paragraph (i) does not apply, but he is in a country outside the British Islands and he came there wholly or partly for the purposes of his work under that employment.]

(2)In this paragraph “specified” means specified by order of the Secretary of State under this paragraph.

Textual Amendments

F2Sch. 15 para. 5(1)(c) substituted (14.12.2012) by Armed Forces Act 2011 (c. 18), ss. 22(3), 32(3); S.I. 2012/2921, art. 3(a)

Commencement Information

I9Sch. 15 para. 5 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)

I10Sch. 15 para. 5 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Persons in designated area who are members or employees of other specified organisationsU.K.

6(1)A person is within this paragraph (subject to paragraph 11) if—U.K.

(a)he belongs to or is employed by a specified organisation; and

[F3(b)either—

(i)he is in a designated area, and his normal place of work for that organisation is in that designated area; or

(ii)sub-paragraph (i) does not apply, but he is in a designated area and he came there wholly or partly for the purposes of work for that organisation.]

(2)In this paragraph “specified organisation” means an organisation which—

(a)does not fall within paragraph 5; and

(b)is specified by order of the Secretary of State under this paragraph.

Textual Amendments

F3Sch. 15 para. 6(1)(b) substituted (14.12.2012) by Armed Forces Act 2011 (c. 18), ss. 22(4), 32(3); S.I. 2012/2921, art. 3(a)

Commencement Information

I11Sch. 15 para. 6 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)

I12Sch. 15 para. 6 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Persons designated by or on behalf of Defence CouncilU.K.

7(1)A person is within this paragraph (subject to paragraph 11) if—U.K.

(a)he is designated for the purposes of this paragraph by or on behalf of the Defence Council or by an officer authorised by the Defence Council; and

(b)he is outside the British Islands.

(2)A person may be designated for the purposes of this paragraph only if it appears to the Defence Council or the authorised officer that it is desirable to do so—

(a)in the interests of the person;

(b)for the protection of other persons (whether or not members of any of Her Majesty's forces); or

(c)for the purpose of maintaining good order and discipline.

(3)In deciding whether to designate a person for the purposes of this paragraph, the Defence Council or the authorised officer must have regard in particular to—

(a)the characteristics of the justice system (if any) in any country or territory where the person is or is likely to be;

(b)the terms of any treaty, agreement or arrangement relating to the legal status, or the treatment, of visiting forces to which the United Kingdom and any such country or territory are parties;

(c)the likelihood of the person's being subject to the law applicable to the armed forces of any country or territory outside the British Islands.

(4)A designation under this paragraph—

(a)may designate persons by name or by description;

(b)may provide, in relation to any person designated by it, that it applies to him only for a specified period or in specified circumstances;

(c)may be withdrawn by any person entitled to make designations under this paragraph.

(5)In sub-paragraph (4) “specified” means specified by the designation.

Commencement Information

I13Sch. 15 para. 7 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)

I14Sch. 15 para. 7 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Persons residing or staying with person subject to service law in designated areaU.K.

8U.K.A person is within this paragraph (subject to paragraph 11) if—

(a)he resides or is staying with a person subject to service law in a designated area; and

(b)he is in that designated area.

Commencement Information

I15Sch. 15 para. 8 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)

I16Sch. 15 para. 8 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Persons residing or staying with person falling within paragraph 4 or 6 in designated areaU.K.

9(1)A person is within this paragraph (subject to paragraph 11) if—U.K.

(a)he resides or is staying with a relevant person in a designated area; and

(b)he is in that designated area.

(2)In this paragraph a “relevant person” means a person who—

(a)falls within paragraph 4 or 6; or

(b)would fall within paragraph 4 or 6, but for paragraph 11 or his not being in a designated area.

Commencement Information

I17Sch. 15 para. 9 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)

I18Sch. 15 para. 9 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Persons residing or staying with person falling within paragraph 5U.K.

10(1)A person is within this paragraph (subject to paragraph 11) if—U.K.

(a)he resides or is staying with [F4a qualifying person in a relevant country]; and

(b)he is [F5in that country].

(2)In this paragraph a [F6qualifying person] means a person who—

(a)falls within paragraph 5; or

(b)would fall within paragraph 5, but for paragraph 11 or his [F7not being in a relevant country].

[F8(3)For the purposes of this paragraph, a country is “relevant” in relation to a person employed as mentioned in paragraph 5 if it is outside the British Islands and—

(a)is where that person's normal place of work under that employment is situated; or

(b)is a country to which that person came wholly or partly for the purposes of his work under that employment.]

Textual Amendments

F4Words in Sch. 15 para. 10(1)(a) substituted (14.12.2012) by Armed Forces Act 2011 (c. 18), ss. 22(5)(a)(i), 32(3); S.I. 2012/2921, art. 3(a)

F5Words in Sch. 15 para. 10(1)(b) substituted (14.12.2012) by Armed Forces Act 2011 (c. 18), ss. 22(5)(a)(ii), 32(3); S.I. 2012/2921, art. 3(a)

F6Words in Sch. 15 para. 10(2) substituted (14.12.2012) by Armed Forces Act 2011 (c. 18), ss. 22(5)(b)(i), 32(3); S.I. 2012/2921, art. 3(a)

F7Words in Sch. 15 para. 10(2)(b) substituted (14.12.2012) by Armed Forces Act 2011 (c. 18), ss. 22(5)(b)(ii), 32(3); S.I. 2012/2921, art. 3(a)

F8Sch. 15 para. 10(3) inserted (14.12.2012) by Armed Forces Act 2011 (c. 18), ss. 22(5)(c), 32(3); S.I. 2012/2921, art. 3(a)

Commencement Information

I19Sch. 15 para. 10 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)

I20Sch. 15 para. 10 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

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