42(1)Section 98 of that Act (trial and punishment of offences of desertion or absence without leave) is amended as follows.U.K.
(2)In subsection (1)—
(a)for the words from “section 37” to “1957” substitute “ section 8 or 9 of the Armed Forces Act 2006 ”;
(b)for “as well as by court-martial” substitute “ (as well as being triable by the Court Martial) ”.
(3)In subsection (2)—
(a)for “court-martial” substitute “ the Court Martial ”;
(b)for the words from “service law” to the end substitute “ section 8 or 9 (as the case may be) of the Armed Forces Act 2006. ”
(4)In subsection (3)(b) for “service law of desertion or absence without leave” substitute “ section 8 or 9 of the Armed Forces Act 2006 ”.
(5)In subsection (4)(a)—
(a)for “court-martial” substitute “ the Court Martial ”;
(b)for “service law of absence without leave” substitute “ section 9 of the Armed Forces Act 2006 ”.
(6)Omit subsection (5).
(7)After subsection (6) insert—
“(7)Orders or regulations under section 4 may include provision for enabling a determination to be made in prescribed circumstances that subsection (6) is to cease to have effect in relation to a period of time or a part of a period of time.”
Commencement Information
I1Sch. 14 para. 42 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
I2Sch. 14 para. 42 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4