- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
Defence
Made
6th April 2014
Laid before Parliament
9th April 2014
Coming into force
13th May 2014
The Secretary of State, in exercise of the powers conferred by sections 74 and 92 of the Armed Forces Act 2006(1), makes the following Order:
1.—(1) This Order may be cited as the Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) (Amendment) Order 2014 and comes into force on 13th May 2014.
(2) In this Order “the 2009 Order” means the Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009(2).
2.—(1) The 2009 Order is amended as follows.
(2) In article 2 (interpretation), after the words “an indictable offence” in paragraph (a) of the definition of “serious service offence”, insert “within the meaning of PACE”(3).
Anna Soubry
Parliamentary Under Secretary of State
Ministry of Defence
6th April 2014
(This note is not part of the Order)
Section 176(3) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) inserts in the Magistrates’ Courts Act 1980 (c. 43) a new section 22A, which provides that low-value shoplifting is a summary offence. Section 176(6) of the 2014 Act provides so that certain powers, including powers of entry and search, conferred by the Police and Criminal Evidence Act 1984 (c. 60) on the civilian police in respect of indictable offences remain available in respect of low-value shoplifting, notwithstanding that it is reclassified as summary. Section 176(6) does so by providing that in the 1984 Act all references to an “indictable offence” include a reference to low-value shoplifting.
This Order makes equivalent provision, subject to modifications, in respect of certain powers of entry and search used for the investigation of service offences under the Armed Forces Act 2006 (c. 52). It does so by amending the Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009.
S.I. 2009/2056, to which there are amendments not relevant to this Order.
Section 176(6) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) provides that any reference in PACE to an “indictable offence” has effect as if it included a reference to low-value shoplifting (as defined in section 22A(3) of the Magistrates’ Courts Act 1980 (c. 43)).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: