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Armed Forces Act 2016

Territorial extent and application

Territorial application of the Act in the UK

  1. In section 14 (repeals relating to discharge for homosexual acts):
    • section 146(4) of the Criminal Justice and Public Order Act 1994 is part of the law of England and Wales and Scotland;
    • section 147(3) of the Criminal Justice and Public Order Act 1994 is part of the law of Northern Ireland only.
  2. In section 17 (Ministry of Defence fire-fighters: minor amendments):
    • section 15 of the Greater London Council (General Powers) Act 1974 is part of the law of England and Wales only;
    • section 102 of the Transport Act 1968 and section 62 of the Control of Pollution Act 1974 are part of the law of England and Wales and Scotland;
    • section 135 of the Merchant Shipping Act 1995 is part of the law of the whole of the United Kingdom.
  3. The rest of the Act is part of the law of the whole of the United Kingdom.
  4. The provisions applicable to members of the armed forces will apply to them wherever they are in the world.

Territorial application of the Act outside the UK

  1. The changes that this Act makes to AFA 2006 may be extended by Order in Council to the Channel Islands. If such an Order is made, it can modify those changes (so that the law of the Channel Islands is not the same as that of the United Kingdom).
  2. The changes that this Act makes to AFA 2006 extend directly (ie without the need for an Order in Council) to the Isle of Man, and the British overseas territories (except Gibraltar), but an Order in Council may be made to modify the Act in its application to any of those territories.
  3. The provisions applicable to members of the armed forces will apply to them wherever they are in the world.

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