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Armed Forces Act 2001

Changes to legislation:

Armed Forces Act 2001 is up to date with all changes known to be in force on or before 01 December 2023. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

  1. Introductory Text

  2. Part 1 Continuance of services Acts

    1. 1. Continuance of services Acts

  3. Part 2 Powers of entry, search and seizure

    1. Powers to stop and search

      1. 2. Powers to stop and search persons, vehicles etc

      2. 3. Provisions relating to search under s. 2

      3. 4. Power of commanding officer in relation to stopping and searching of persons, vehicles etc

    2. Entry and search of premises

      1. 5. Power of judicial officer to authorise entry and search of certain premises

      2. 6. Special provisions as to access

      3. 7. Power of commanding officer to authorise entry and search of certain premises

      4. 8. Review by judicial officer

      5. 9. Entry for purpose of arrest etc

    3. Powers exercisable on arrest

      1. 10. Search upon arrest

    4. Seizure etc.

      1. 11. Power to make provision equivalent to that made by ss. 18 to 22 of Police and Criminal Evidence Act 1984

      2. 12. Property in possession of service police or commanding officer

    5. Supplementary

      1. 13. Orders and codes of practice under s. 113 of Police and Criminal Evidence Act 1984

      2. 14. Power to use reasonable force

      3. 15. Meaning of “service living accommodation”

      4. 16. Part 2: supplementary provisions

  4. Part 3 Trial and punishment of offences

    1. 17. Summary dealing or trial and functions of prosecuting authority

    2. 18. Abolition of naval disciplinary courts

    3. 19. Membership of courts-martial

    4. 20. Eligibility of warrant officers for membership of summary appeal courts

    5. 21. Review of sentences by Courts-Martial Appeal Court

    6. 22. Required custodial sentences

    7. 23. Restriction of judicial review of courts-martial

    8. 24. Offences in relation to courts-martial etc

    9. 25. Powers to compel attendance of witnesses

    10. 26. Provision for orders as to costs

    11. 27. Costs against legal representatives etc

    12. 28. Provisions supplementary to ss. 26 and 27

    13. 29. Custody

    14. 30. Conditional release from custody

  5. Part 4 Miscellaneous and general

    1. Provision equivalent to criminal justice enactments

      1. 31. Power to make provision in consequence of enactments relating to criminal justice

    2. Testing for alcohol or drugs

      1. 32. Powers to test for alcohol or drugs after serious incident

      2. 33. Interpretation of s. 32

    3. Miscellaneous amendments

      1. 34. Miscellaneous amendments

    4. General

      1. 35. Orders and regulations

      2. 36. Application to Channel Islands and Isle of Man

      3. 37. Interpretation

      4. 38. Repeals

      5. 39. Short title and commencement

  6. SCHEDULES

    1. SCHEDULE 1

      Summary dealing or trial and functions of prosecuting authority

      1. 1.Army Act 1955 (c. 18)

      2. 2.In section 82(2) of that Act (officers who may act...

      3. 3.(1) Section 83BB of that Act (cases where charge may...

      4. 4.After that section there is inserted— CPower of prosecuting authority...

      5. 5.Air Force Act 1955 (c. 19)

      6. 6.In section 82(2) of that Act (officers who may act...

      7. 7.(1) Section 83BB of that Act (cases where charge may...

      8. 8.After that section there is inserted— Power of prosecuting authority...

      9. 9.Naval Discipline Act 1957 (c. 53)

      10. 10.In section 52C of that Act (powers of higher authority)...

      11. 11.(1) Section 52D of that Act (summary trial) is amended...

      12. 12.After section 52E of that Act there is inserted— Officers...

      13. 13.In section 52F of that Act (regulations as to summary...

      14. 14.(1) Section 52II of that Act (cases where charge may...

      15. 15.After that section there is inserted— Power of prosecuting authority...

      16. 16.In section 122 of that Act (powers of command of...

      17. 17.In section 135(1) of that Act (general interpretation), after the...

    2. SCHEDULE 2

      Membership of courts-martial

      1. 1.Army Act 1955 (c. 18)

      2. 2.For section 84D of that Act (constitution of general and...

      3. 3.(1) Section 92 of that Act (challenges by accused) is...

      4. 4.In section 93 of that Act (administration of oaths) in...

      5. 5.(1) Section 103A of that Act (field general courts-martial) is...

      6. 6.(1) Section 103B of that Act (constitution of field general...

      7. 7.In section 209 (application of Acts to civilians), in subsection...

      8. 8.Air Force Act 1955 (c. 19)

      9. 9.For section 84D of that Act (constitution of general and...

      10. 10.(1) Section 92 of that Act (challenges by accused) is...

      11. 11.In section 93 of that Act (administration of oaths) in...

      12. 12.(1) Section 103A of that Act (field general courts-martial) is...

      13. 13.(1) Section 103B of that Act (constitution of field general...

      14. 14.In section 209 (application of Acts to civilians), in subsection...

      15. 15.Naval Discipline Act 1957

      16. 16.For section 54 of that Act (composition of courts-martial) there...

      17. 17.(1) Section 59 of that Act (challenges by accused) is...

      18. 18.In section 118 (application of Acts to civilians), for subsection...

    3. SCHEDULE 3

      Required custodial sentences

      1. 1.Army Act 1955 (c. 18) and Air Force Act 1955 (c. 19)

      2. 2.(1) Section 70 of the Air Force Act 1955 (c....

      3. 3.After section 70 of each of the 1955 Acts there...

      4. 4.In paragraph 3 of Schedule 5A to each of the...

      5. 5.Naval Discipline Act 1957 (c. 53)

      6. 6.After section 42 there is inserted— Reduction in minimum sentences...

      7. 7.In paragraph 3 of Schedule 4A to the 1957 Act...

    4. SCHEDULE 4

      Amendments relating to custody

      1. 1.Army Act 1955 (c. 18) and Air Force Act 1955 (c. 19)

      2. 2.In section 75J of each of the 1955 Acts (release...

      3. 3.(1) Section 75K of each of the 1955 Acts (arrest...

      4. 4.After section 75L of each of the 1955 Acts there...

      5. 5.(1) Section 75M of each of the 1955 Acts (custody...

      6. 6.After Schedule 1 to the Army Act 1955 (c. 18)...

      7. 7.After Schedule 1 to the Air Force Act 1955 (c....

      8. 8.Naval Discipline Act 1957 (c. 53)

      9. 9.In section 47K of the 1957 Act (release from custody...

      10. 10.(1) Section 47L of the 1957 Act (arrest during proceedings)...

      11. 11.In section 47N of that Act (custody rules), at the...

    5. SCHEDULE 5

      Testing for alcohol or drugs

      1. 1.Army Act 1955 (c. 18) and Air Force Act 1955 (c. 19)

      2. 2.After section 34A of the Army Act 1955 (c. 18)...

      3. 3.After section 34A of the Air Force Act 1955 (c....

      4. 4.In the proviso to section 209(2) of each of the...

      5. 5.Naval Discipline Act 1957 (c. 53)

      6. 6.After section 12A of the 1957 Act there is inserted—...

      7. 7.In section 118(2) of the 1957 Act (application to certain...

    6. SCHEDULE 6

      Miscellaneous amendments

      1. Part 1 Amendments of Sexual Offences (Amendment) Act 1992

        1. 1.At the end of section 2 of the Sexual Offences...

        2. 2.At the end of section 4 of that Act (special...

        3. 3.(1) Section 6 of that Act (interpretation etc.) is amended...

        4. 4.(1) Section 7 of that Act (application of Act in...

      2. Part 2 Abolition of office of Deputy Judge Advocate

        1. 5.Courts-Martial (Appeals) Act 1951 (c. 46)

        2. 6.In section 31 of that Act (qualifications of Judge Advocate...

        3. 7.In section 32(1) of that Act (tenure of Judge Advocate...

        4. 8.House of Commons Disqualification Act 1975 (c. 24) and Northern Ireland Assembly Disqualification Act 1975 (c. 25)

        5. 9.Courts and Legal Services Act 1990 (c. 41)

        6. 10.Judicial Pensions and Retirement Act 1993 (c. 8)

      3. Part 3 Amendments of Reserve Forces Act 1996

        1. 11.Delegation by Secretary of State of certain functions

        2. 12.Notice given by special member

        3. 13.Absence for voting

      4. Part 4 Amendments consequential on section 21(5) of Human Rights Act 1998

        1. 14.Army Act 1955 (c. 18) and Air Force Act 1955 (c. 19)

        2. 15.In section 25(2) of each of those Acts (penalty for...

        3. 16.In section 26(3) of each of those Acts (penalty for...

        4. 17.In section 32 of each of those Acts (failure to...

        5. 18.(1) Section 126 of each of those Acts (special provisions...

        6. 19.Naval Discipline Act 1957 (c. 53)

        7. 20.In section 3(2) of that Act (penalty for assisting the...

        8. 21.In section 4(3) of that Act (penalty for obstructing operations)...

        9. 22.For subsection (7) of section 52B of that Act (investigation...

      5. Part 5 Queen Alexandra’s Royal Naval Nursing Service and former Women’s Royal Naval Service

        1. 23.Naval Discipline Act 1957 (c. 53)

        2. 24.In section 132(5) of that Act, the words “Queen Alexandra’s...

        3. 25.Armed Forces Act 1976 (c. 52)

        4. 26.House of Commons Disqualification Act 1975 (c. 24)

        5. 27.Northern Ireland Assembly Disqualification Act 1975 (c. 25)

        6. 28.Armed Forces Act 1981 (c. 55)

        7. 29.Housing Act 1985 (c. 68)

        8. 30....

      6. Part 6 Other amendments

        1. 31.Marriages in service chapels

        2. 32.Retirement age for assistants to Judge Advocate General

        3. 33.Sentence where penalty for civil offence fixed by law as life imprisonment

        4. 34.(1) Section 42(1) of the 1957 Act (punishment of civil...

        5. 35.Qualification for appointment as judicial officer

        6. 36.(1) Section 47M of the 1957 Act (judicial officers) is...

        7. 37.Evidence given before boards of inquiry

        8. 38.In section 135 of the Air Force Act 1955 (c....

        9. 39.Compensation for loss

        10. 40.In subsection (2) of section 128C of the 1957 Act...

        11. 41.Redress of complaints

        12. 42.In section 130 of the 1957 Act (redress of complaints)...

        13. 43.In paragraph 9 of Schedule 6 to each of the...

        14. 44.Civilian contractors attached to or accompanying armed forces

        15. 45.In Schedule 3 to the 1957 Act (which lists civilians...

        16. 46.Interpretation of references to “Royal Air Force Police”

        17. 47.In section 223(1) of the Air Force Act 1955 (c....

        18. 48.In subsection (4) of section 11 of the Armed Forces...

        19. 49.Interpretation of references to a “constable”

        20. 50.Application to civilians

        21. 51.In Schedule 4 to the 1957 Act (application of Act...

        22. 52.In paragraph 4 of Schedule 5A to each of the...

        23. 53.In paragraph 4 of Schedule 4A to the 1957 Act...

        24. 54.Arrest of civilian whose sentence is deferred

        25. 55.Right of appeal to Courts-Martial Appeal Court

        26. 56.In section 36(1)(a) of that Act (functions of Courts-Martial Appeal...

        27. 57.Children in respect of whom protective orders may be made

        28. 58.In section 19 of that Act (power to make orders...

        29. 59.Amendment relating to abolition of naval disciplinary courts

    7. SCHEDULE 7

      Repeals

      1. Part 1 Repeals relating to abolition of naval disciplinary courts

      2. Part 2 Repeals relating to required custodial sentences

      3. Part 3 Repeals relating to abolition of office of Deputy Judge Advocate

      4. Part 4 Repeals consequential on Human Rights Act 1998

      5. Part 5 Repeals consequential on Youth Justice and Criminal Evidence Act 1999

      6. Part 6 Repeals relating to Queen Alexandra’s Royal Naval Nursing Service

      7. Part 7 Other repeals

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