The Armed Forces (Forfeiture of Service) (No. 2) Regulations 2009

Regulation 6

SCHEDULE TRANSITIONAL PROVISIONS

1.  In this Schedule—

“the 1955 Acts” means the Army Act 1955(1) and the Air Force Act 1955(2);

“the 1957 Act” means the Naval Discipline Act 1957(3);

“commencement” means the date on which these Regulations come into force.

2.  In regulations 3 and 4—

(a) references to an offence under section 8 of the 2006 Act include an offence under section 37 of either of the 1955 Acts or section 16 of the 1957 Act; and

(b) in relation to such an offence, “desertion” has the same meaning as in the Army Act 1955, the Air Force Act 1955 or the 1957 Act (as the case may be).

3.  In relation to a confession made before commencement as respects which no direction has been given under section 81(2) of either of the 1955 Acts and no order has been made under section 74(1) of the 1957 Act, regulation 3 has effect as if paragraph (1)(c)(ii) and the word “and” preceding it were omitted.

4.—(1) Where a direction has been given under section 81(2) of either of the 1955 Acts or an order has been made under section 74(1) of the 1957 Act—

(a) subject to paragraph (b), the direction or order shall have effect as if it were a determination under regulation 3(2);

(b) regulation 4(2) and (3) shall not apply by virtue of the direction or order; but

(c) any period of service forfeited by virtue of the direction or order shall continue to be forfeit (unless restored by virtue of regulations made under section 17(5) of the Army Act 1955, section 17(4) of the Air Force Act 1955 or section 129D(4) of the 1957 Act, or by virtue of regulation 5), and regulation 4(4) shall apply in relation to any period so forfeited (and not so restored) as if the reference to the deserter were to the person in relation to whom the direction or order was made.

(2) The reference in sub-paragraph (1) to a direction given under section 81(2) of either of the 1955 Acts includes a direction given under that subsection of the Army Act 1955 as applied by section 4(1) of the Armed Forces Act 1981(4) (forfeiture of service by members and former members of the Royal Marines, and members of the Royal Marines Reserve).

5.  Any period of service forfeited under section 17(1) of either of the 1955 Acts or section 129D(1) of the 1957 Act shall continue to be forfeit (unless restored by virtue of regulations made under section 17(5) of the Army Act 1955, section 17(4) of the Air Force Act 1955 or section 129D(4) of the 1957 Act, or by virtue of regulation 5), and regulation 4(4) shall apply in relation to any period so forfeited (and not so restored) as if the reference to the deserter were to the person convicted.

(1)

1955 c. 18.

(2)

1955 c. 19.

(3)

1957 c. 53.

(4)

1981 c. 55.