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The Armed Forces Act 2006 (Commencement No. 3) Order 2008

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 1st October 2008 the provisions of the Armed Forces Act 2006 (“the Act”) specified in article 2. They relate to the introduction of new provisions about internal service inquiries.

Section 343 of the Act provides for the Secretary of State to make regulations for causing service inquiries to be held.

Section 374 provides for the definition of terms applying for the purpose of the whole Act. Article 2(b) specifies the definitions brought into force by this Order.

Section 375 provides for the definition of terms relating to police forces.

Section 378(2) provides for the repeal or revocation of provisions specified in Schedule 17 to the Act. Article 2(d) brings into force the repeal by section 378(2) and Schedule 17 of sections 135 to 137 of the Army Act 1955 and of the Air Force Act 1955. These provisions relate to boards of inquiry, Army regimental inquiries and Royal Air Force unit inquiries.

Article 4 brings into force paragraphs 21(c), 37(a) and 43(b) of Schedule 8 to the Act; those paragraphs provide for amendments to the Courts-Martial (Appeals) Act 1968(c.20). Article 4 also brings into force section 364 (which provides for the appointment of the Director of Service Prosecutions) and the repeal by Schedule 17 to the Act of section 11 of the Criminal Justice Act 1967.

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