Armed Forces Act 2006 (c. 52)

SCHEDULES

SCHEDULE 16 U.K. Minor and consequential amendments

Criminal Justice and Court Services Act 2000 (c. 43) U.K.

177 U.K. In section 1 of the Criminal Justice and Court Services Act 2000 (purposes of Chapter 1 of Part 1 (national probation service)), in subsection (2)(a) after “2003)” insert “ and service community orders and overseas community orders under the Armed Forces Act 2006 ”.

Commencement Information

I1 Sch. 16 para. 177 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)

I2 Sch. 16 para. 177 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

F1 178 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 16 para. 178 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

179 (1) Section 27 of that Act (armed forces offences equivalent to “an offence against a child”) is amended as follows. U.K.

(2) In subsection (2) for “an armed forces offence” substitute “ an offence under section 42 of the Armed Forces Act 2006 ”.

(3) For subsections (3) to (5) substitute—

“(3) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy, incitement and aiding and abetting outside England and Wales) applies for the purposes of subsection (2) of this section as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to subsection (2) of this section.”

Commencement Information

I3 Sch. 16 para. 179 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)

I4 Sch. 16 para. 179 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

180 (1) Section 30 of that Act (disqualification from working with children: supplemental) is amended as follows. U.K.

(2) In subsection (1)—

(a) in the definition of “guardianship order”, omit the words from “the Army” to “1957 or”;

(b) in the definition of “qualifying sentence”—

(i) in paragraph (d) after “2000” insert “ or section 209 of the Armed Forces Act 2006 ”;

(ii) in paragraph (e) after “or more” insert “ under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 211 of the Armed Forces Act 2006 ”;

(iii) omit paragraph (f);

(c) in the definition of “relevant order”, for “a court-martial or the Courts-Martial Appeal Court” substitute “ the Court Martial or the Court Martial Appeal Court ”;

(d) in the definition of “superior court”, for “a court-martial or the Courts-Martial Appeal Court” substitute “ the Court Martial or the Court Martial Appeal Court ”.

(3) Omit subsection (2).

(4) In subsection (3), omit “, or to a sentence of detention imposed by a court-martial or the Courts-Martial Appeal Court,”.

Commencement Information

I5 Sch. 16 para. 180 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)

I6 Sch. 16 para. 180 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

181 U.K. In section 31(2) of that Act (appeals) for “a court-martial”, in both places, substitute “ the Court Martial ”.

Commencement Information

I7 Sch. 16 para. 181 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)

I8 Sch. 16 para. 181 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

182 U.K. In section 33 of that Act (provisions relating to application for review of disqualification)—

(a) in subsection (7), in the definition of “order for admission to hospital”, omit paragraph (a);

(b) in subsection (8)(a), for “(f)” substitute “ (e) ”.

Commencement Information

I9 Sch. 16 para. 182 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)

I10 Sch. 16 para. 182 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

183 U.K. In section 42 of that Act (interpretation of Part 2 (protection of children)) omit—

(a) in subsection (1), the definition of “armed forces offence”;

(b) subsection (2).

Commencement Information

I11 Sch. 16 para. 183 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)

I12 Sch. 16 para. 183 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

184 U.K. In section 62(5) of that Act (meaning of “sentence of imprisonment” for purposes of section 62)—

(a) in paragraph (f) at the end insert “ (including one passed as a result of section 221 or 222 of the Armed Forces Act 2006) ”;

(b) after that paragraph insert—

“(g) a sentence of detention under section 209 or 218 of the Armed Forces Act 2006, and

(h) an order under section 211 of that Act,”.

Commencement Information

I13 Sch. 16 para. 184 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)

I14 Sch. 16 para. 184 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

185 U.K. In section 64(5) of that Act (meaning of “sentence of imprisonment” for purposes of section 64)—

(a) in paragraph (f) at the end insert “ (including one passed as a result of section 221 or 222 of the Armed Forces Act 2006) ”;

(b) after that paragraph insert—

“(g) a sentence of detention under section 209 or 218 of the Armed Forces Act 2006, and

(h) an order under section 211 of that Act,”.

Commencement Information

I15 Sch. 16 para. 185 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)

I16 Sch. 16 para. 185 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

186 U.K. In section 81(2) of that Act (extent)—

(a) in paragraph (a) for “courts-martial or the Courts-Martial Appeal Court” substitute “ the Court Martial or the Court Martial Appeal Court ”;

(b) omit paragraph (h).

Commencement Information

I17 Sch. 16 para. 186 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)

I18 Sch. 16 para. 186 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4