Statutory Instruments
Defence
Made
25th October 2022
The Secretary of State makes these Regulations in exercise of the powers conferred by section 24(1) of the Armed Forces Act 2021(1).
1.—(1) These Regulations may be cited as the Armed Forces Act 2021 (Commencement No. 3) Regulations 2022.
(2) In these Regulations, “the Act” means the Armed Forces Act 2021.
(3) These Regulations extend to England and Wales, Scotland, Northern Ireland, the Isle of Man and the British Overseas Territories, except Gibraltar.
2. Section 2 of, and Schedule 1 to, the Act (Constitution of the Court Martial) come into force on 1 January 2023, in so far as they are not already in force.
3. Section 11 of, and Schedule 4 to, the Act (Service Police: complaints, misconduct etc) come into force on 1 November 2022, for the purpose only of appointing the Service Police Complaints Commissioner.
4. Section 12 (Framework for establishment of tri-service serious crime unit) of, and Schedule 5 (Tri-service serious crime unit) to, the Act come into force on 5 December 2022, in so far as they are not already in force.
Sarah Atherton
Parliamentary Under Secretary of State
Ministry of Defence
25th October 2022
(This note is not part of the Regulations)
These Regulations bring into force section 2 and Schedule 1 of the Armed Forces Act 2021 (c.35) (“the Act”) on 1 January 2023 and section 12 and Schedule 5 into force on 5 December 2022 in so far as they are not already in force. They partially also bring into force section 11 and Schedule 4 of the Act on 1 November 2022 for the purpose only of appointing the Service Police Complaints Commissioner.
Two earlier Commencement Regulations, S.I. 2022/471 (c.17) and S.I. 2022/625 (c.33), were made before the date of these Regulations.
(This note is not part of the Regulations)
The following provisions of the Armed Forces Act 2021 have been brought into force by Commencement Regulations made before the date of these Regulations.
| Provision | Date of Commencement | S.I. No |
|---|---|---|
| Section 2 (partially) | 1 May 2022 | 2022/471 |
| Section 3 | 1 May 2022 | 2022/471 |
| Section 4 (partially) | 1 May 2022 | 2022/471 |
| Section 5 (partially) | 1 May 2022 | 2022/471 |
| Section 6 (partially) | 1 May 2022 | 2022/471 |
| Section 7 (partially) | 1 May 2022 | 2022/471 |
| Section 8 (partially) | 1 May 2022 | 2022/471 |
| Section 9 (partially) | 1 May 2022 | 2022/471 |
| Section 10 (partially) | 1 May 2022 | 2022/471 |
| Section 10 (remainder) | 15 June 2022 | 2022/625 |
| Section 12 (partially) | 1 May 2022 | 2022/471 |
| Section 13 | 1 May 2022 | 2022/471 |
| Section 14 (partially) | 1 May 2022 | 2022/471 |
| Section 15 (partially) | 1 May 2022 | 2022/471 |
| Section 16 (partially) | 1 May 2022 | 2022/471 |
| Section 18 | 1 May 2022 | 2022/471 |
| Section 21 (partially) | 1 May 2022 | 2022/471 |
| Schedule 1 (partially) | 1 May 2022 | 2022/471 |
| Schedule 2 (partially) | 1 May 2022 | 2022/471 |
| Schedule 3 (partially) | 1 May 2022 | 2022/471 |
| Schedule 3 (remainder) | 15 June 2022 | 2022/625 |
| Schedule 5 (partially) | 1 May 2022 | 2022/471 |
| Schedule 6 (partially) | 1 May 2022 | 2022/471 |