The Armed Forces (Forfeitures and Deductions) Regulations 2009

PART 2 TRANSITIONAL PROVISIONS

Forfeiture of pay – absence from duty

12.—(1) References in regulation 3 to absence include absence before the time at which these Regulations come into force.

(2) The reference in regulation 3(1)(a) to an offence under section 8 or 9 is to be read as including an offence under section 37 or 38 of AA 1955, section 37 or 38 of AFA 1955 or section 15 or 17 of NDA 1957.

(3) The reference in regulation 3(1)(b) to a relevant sentence is to be read as including a sentence of imprisonment or detention awarded under Part 2 of AA 1955, Part 2 of AFA 1955 or Part 1 of NDA 1957.

(4) The references in regulation 3(1)(f) to being convicted of a service offence are to be read as including being convicted of an offence under Part 2 of AA 1955, Part 2 of AFA 1955 or Part 1 of NDA 1957.

(5) In regulation 3(1)(f)(ii) “a charge against him has been determined to have been proved at a summary hearing under section 131” is to be read as including being found guilty of an offence under Part 2 of AA 1955, Part 2 of AFA 1955 or Part 1 of NDA 1957 and “was determined to have been proved” in regulation 3(1)(f) is to be read accordingly.

(6) In regulation 3(1)(g)—

(a) the references to Part 1 of the Act are to be read as including Part 2 of AA 1955, Part 2 of AFA 1955 or Part 1 of NDA 1957; and

(b) “a charge against him in respect of an offence under Part 1 of the Act has determined to have been proved at a summary hearing under section 131” is to be read as including being found guilty of an offence under Part 2 of AA 1955, Part 2 of AFA 1955 or Part 1 of NDA 1957.

(7) The reference in regulation 3(1)(h) to being convicted of an offence under section 5(2) is to be read as including being convicted of an offence under section 25(1)(e) of AA 1955 or section 25(1)(e) of AFA 1955 or being convicted or found guilty of an offence under section 3(1)(e) of NDA 1957.

(8) The reference in regulation 3(1)(i) to an offence under section 1(2) is to be read as including an offence under section 25(1)(d) of AA 1955, section 25(1)(d) of AFA 1955 or section 3(1)(d) of NDA 1957.

Deduction from pay – compensation for damage to or the loss of property

13.  In regulation 5—

(a) in its paragraph (1) the reference to section 24 is to be read as including section 44 or 44A of AA 1955, section 44 or 44A of AFA 1955 or section 29 or 29A of NDA 1957;

(b) in its paragraph (2) the references to a service offence are to be read as including an offence under Part 2 of AA 1955, Part 2 of AFA 1955 or Part 1 of NDA 1957;

(c) in its paragraph (2)(a) the reference to making a service compensation order is to be read as including awarding stoppages within the meaning of section 225(1) of AA 1955, section 223(1) of AFA 1955 or section 43(1)(l) of NDA 1957 in respect of that damage to, or the loss of, property;

(d) in its paragraph (2)(b)(ii) the reference to a charge being determined not to have been proved is to be read as including—

(i) a charge being dismissed under AA 1955 or AFA 1955; or

(ii) acquittal by an appropriate superior authority or commanding officer under NDA 1957;

(e) in its paragraph (2)(b)(iii) the reference to the Summary Appeal Court is to be read as including a summary appeal court constituted under section 83ZA of AA 1955, section 83ZA of AFA 1955 or section 52FF of NDA 1957.