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Armed Forces (Flexible Working) Act 2018

Contents

Territorial extent and application

  1. Section 3(5) to (8) sets out the territorial extent of the Act, that is the jurisdictions of which the Act forms part of the law. The extent of an Act can be different from its application. Application is about where an Act produces a practical effect’
  2. Section 1 amends AFA 2006 and so has the same extent as the provisions in that Act; it extends to the whole of the UK, the Isle of Man and the British overseas territories, except Gibraltar. Section 3 has the same extent as Section 1.
  3. Section 2(1) to (4) amends the Juries Act 1974 to ensure that once regulars move on to part-time service they can continue to benefit from the provisions allowing for automatic excusal and discretionary deferral from jury service in England and Wales. Those consequential amendments have the same extent as the 1974 Act; they are part of the law of England and Wales only.
  4. Section 2(5) amends the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (persons excusable as of right from jury service) similarly to ensure that once regulars move on to part-time service they will continue to benefit from the provisions allowing for automatic excusal from jury service in Scotland. Those consequential amendments have the same extent as the 1980 Act; they are part of the law of Scotland only.
  5. 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).
  6. The changes that this Act makes to the AFA 2006 extend directly (i.e. 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.
  7. The provisions applicable to members of the armed forces will apply to them wherever they are in the world.
  8. See the table in Annex A for a summary of the position regarding territorial extent and application in the United Kingdom.

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