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Armed Forces Act 2006

Changes to legislation:

Armed Forces Act 2006, Section 373 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

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Changes and effects yet to be applied to Section 373:

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 Sch. 4 para. 3(3) repealed (8.3.2015) without ever being in force by 2014 c. 12, Sch. 11 para. 82(2); S.I. 2015/373, art. 2(g)(ii))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 Sch. 25 para. 26(3)(4) repealed (2.4.2012) by 2011 c. 18, Sch. 3 para. 20(3), Sch. 5; S.I. 2012/669, art. 4(d)(f) (with art. 13))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 Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))
  • s. 270B(10) word repealed by 2009 c. 25 Sch. 23 Pt. 5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 Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))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 Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))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 Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))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

373Orders, regulations and rulesU.K.

This section has no associated Explanatory Notes

(1)Any power to make orders, regulations or rules conferred by this Act on the Secretary of State is exercisable by statutory instrument.

[F1(1A)The powers conferred by paragraphs 6 and 7 of Schedule 2A on the Lord Chancellor to make regulations are exercisable by statutory instrument.]

(2)The powers conferred by sections [F220A,] 36, [F393AA,] [F4 93F,] 132, 135, 164, 173, 174, 328 to 331 [F5, 340 and 340B] on the Defence Council to make regulations are exercisable by statutory instrument; and the Statutory Instruments Act 1946 (c. 36) applies in relation to those powers as if the Defence Council were a Minister of the Crown.

(3)A statutory instrument containing—

(a)an order under section 53, 89, 113, [F6276A(7),] 324(2)(h), 379 or 381,

(b)an order under section 323 which by virtue of section 323(4)(c) makes any provision adding to, replacing or omitting any part of the text of an Act,

(c)regulations under section 128 which make provision of a kind mentioned in section 128(2)(c) or (e) or prescribe documents for the purposes of section 118(2)(b),

(d)regulations under section [F720A, ] [F893AA(2),] 271, [F9340A(4), 340E(1) or 340N],

(e)regulations under section 328 which make provision of a kind mentioned in section 328(2)(c),

[F10(ea)regulations under section 329(1) which make provision of a kind mentioned in section 329(2)(ha), (i), or (j),

(eb)regulations under section 329(3A),]

(f)rules under section 163 which—

(i)by virtue of section 155 make provision about the constitution of the Court Martial, or

(ii)make provision authorised by section 165, or

(g)rules under section [F11 232F] F12...,

may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(4)Any other statutory instrument under this Act, except one containing only an order under any of sections 382 to 384, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Any order, regulations or rules made under this Act may—

(a)contain incidental, supplemental, consequential, transitional, transitory and saving provision;

(b)make different provision for different cases.

(6)Where a provision of this Act confers a power to make an order containing provision equivalent to a provision of PACE, the order may apply that provision of PACE with modifications.

Textual Amendments

F3Word in s. 373(2) inserted (19.7.2018 for specified purposes, 1.1.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 2(8)(a), 19(1); S.I. 2018/876, reg. 2(a)(b)

F5Words in s. 373(2) substituted (1.1.2016) by Armed Forces (Service Complaints and Financial Assistance) Act 2015 (c. 19), s. 7(1), Sch. para. 10(a); S.I. 2015/1957, reg. 2 (with savings and transitional provisions in S.I. 2015/1969)

F8Word in s. 373(3)(d) inserted (19.7.2018 for specified purposes, 1.1.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 2(8)(b), 19(1); S.I. 2018/876, reg. 2(a)(b)

F9Words in s. 373(3)(d) substituted (1.1.2016) by Armed Forces (Service Complaints and Financial Assistance) Act 2015 (c. 19), s. 7(1), Sch. para. 10(b); S.I. 2015/1957, reg. 2 (with savings and transitional provisions in S.I. 2015/1969)

Modifications etc. (not altering text)

C1S. 373(5) applied by 1984 c. 60, s. 113(14) (as added (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. 16 para. 105(10) (with s. 385); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)

C2S. 373(6) applied by 1984 c. 60, s. 113(14) (as added (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. 16 para. 105(10) (with s. 385); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)

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