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The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

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105.  (1)  Paragraphs (2) and (3) below apply, in addition to section 245 of AFA 2006, for the purposes of section 244 of that Act as modified by article 104.

(2) A person is to be regarded as not subject to an SDA sentence of service detention if the sentence is for the time being suspended, within the meaning given by article 93.

(3) Subject to paragraph (2), a person is to be regarded as subject to any SDA sentence of service detention that has been passed on him but—

(a)has not taken effect; or

(b)has ceased to have effect as a result of a relevant provision and has not resumed effect.

(4) In paragraph (3) “a relevant provision” means—

(a)section 118ZA(3) or (4) of AA 1955 or AFA 1955;

(b)section 85A(4) or (5) of NDA 1957; or

(c)section 290(5) or (6) or 291(6) or (7) of AFA 2006.

(5) Section 245 of AFA 2006 (provision supplementary to section 244) is modified as follows.

(6) For the purposes of the reference in subsection (5) to two or more sentences of service detention, an SDA sentence of service detention is to be treated as a sentence of service detention.

(7) The reference in subsection (6) to section 290(3), (5) or (6) or 291(5), (6) or (7) includes a reference to section 118ZA(3) or (4) of AA 1955 or AFA 1955 or section 85A(4) or (5) of NDA 1957.

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