SCHEDULES

SCHEDULE 16Minor and consequential amendments

Road Traffic Act 1988 (c. 52)

I1I2117

1

Section 184 of that Act (application of sections 5 to 10 to persons subject to service discipline) is amended as follows.

2

In subsection (1)—

a

in the words before paragraph (a) for “persons subject to service discipline” substitute “ persons subject to service law and civilians subject to service discipline ”;

b

in paragraph (a) for “the corresponding service offence” substitute “ an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales is that offence ”;

c

in paragraph (b) for “naval, military or air force authority” substitute “ officer ”;

d

in paragraph (e)—

i

for “persons subject to service discipline” substitute “ persons subject to service law or civilians subject to service discipline ”;

ii

omit “and” at the end of the paragraph;

e

in paragraph (f) for “the corresponding service offence” substitute “ an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales is a traffic offence within the meaning of section 6 ”;

f

after that paragraph add—

g

in section 6E as it applies by virtue of paragraph (c) above, subsection (2) were omitted and the reference in subsection (1) to any place were to—

i

service living accommodation (as defined by section 96 of the Armed Forces Act 2006), or

ii

premises occupied as a residence (alone or with other persons) by the person on whom the requirement is to be imposed or the person to be arrested.

3

In subsection (2), for the words from “a person” to “without warrant” substitute “ without warrant a person who is subject to service law or is a civilian subject to service discipline ”.

4

For subsection (3) substitute—

3

In this section—

  • “civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006;

  • “corresponding offence under the law of England and Wales”, in relation to an offence under section 42 of that Act, has the meaning given by that section;

  • “member of the provost staff” means—

    1. a

      anyone who is, or by reason of section 375(5) of that Act is to be treated as, a service policeman for the purposes of that Act; or

    2. b

      a person lawfully exercising authority on behalf of a provost officer (within the meaning of that Act);

  • “subject to service law” has the same meaning as in that Act.