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Armed Forces Act 2006

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This is the original version (as it was originally enacted).

377Further interpretive provisions
This section has no associated Explanatory Notes

(1)For the purposes of any provision of this Act which requires the determination of the age of a person by the court, an officer or a judge advocate, his age is to be taken to be that which it appears to the court, officer or judge advocate to be after considering any available evidence.

(2)Any reference in this Act to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed on the imprisonment of young offenders.

(3)The question whether a member of a regular or reserve force (“force A”) is for the purposes of any provision of this Act of inferior, equal or superior rank or rate to a member of any other such force (“force B”) is to be decided by reference to any provision made by Queen’s Regulations which lays down how the ranks or rates in force A relate to the ranks or rates in force B.

(4)For the purposes of this Act, a person is subject to an additional duties commitment if—

(a)he has entered into such a commitment; and

(b)the commitment is still in force.

(5)Any reference in this Act to a specified level on the standard scale is to the amount specified, in relation to that level, in the standard scale for the time being set out in section 37 of the Criminal Justice Act 1982 (c. 48).

(6)Any reference in this Act to the statutory maximum is to the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980 (c. 43).

(7)But subsections (5) and (6) do not apply in relation to any offence in Scotland or Northern Ireland under—

(a)section 344, 345 or 346; or

(b)regulations made by virtue of section 328(4)(b) or 343(5)(b).

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