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

Duties and powers of commanding officers in relation to allegations etc

43.—(1) The duty in section 113(1) of AFA 2006 (CO to ensure service police aware of possibility serious offence committed) applies where at commencement an officer is aware of an allegation or circumstances within section 113(2).

(2) The duty in section 114(1) of AFA 2006 (CO to ensure service police aware of certain circumstances) applies where an officer of a description prescribed for the purposes of section 114 is, at commencement, aware of circumstances of a description so prescribed.

(3) Where—

(a) at commencement, an officer is aware of an allegation or circumstances within section 115(2), and

(b) section 115(1)(b) applies,

the duty in section 115(4) of AFA 2006 (duty of CO with respect to investigation of service offences) applies; but this is subject to section 115(5).

(4) In section 119(2) of AFA 2006 (circumstances in which, subject to section 119(3), a CO has initial powers in respect of a case), the reference to the commanding officer’s becoming aware of an allegation such as is mentioned there includes the commanding officer’s being aware at commencement of such an allegation.