The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009

Interpretation

1.  In this Schedule—

“the 1955 Acts” means the Army Act 1955(1) and the Air Force Act 1955(2);

“the 1957 Act” means the Naval Discipline Act 1957(3);

“the 2001 Act” means the Armed Forces Act 2001(4);

“the 2003 Order” means the Armed Forces (Entry, Search and Seizure) Order 2003(5);

“the 2006 Order” means the Armed Forces (Entry, Search and Seizure) Order 2006(6);

“commencement” means the date on which this Order comes into force;

“the corresponding civil offence”, in relation to an SDA civil offence, means—

(a)

the act or omission constituting the SDA civil offence; or

(b)

if that act or omission is not punishable by the law of England and Wales, the equivalent act done or omission made in England or Wales;

“pre-commencement warrant” means a warrant to enter and search premises, issued under section 5 of the 2001 Act or Schedule 1 to the 2003 Order;

“SDA civil offence” means an offence under section 70 of either of the 1955 Acts or section 42 of the 1957 Act;

“SDA offence” means any of the following—

(a)

an offence under Part 2 of either of the 1955 Acts;

(b)

an offence under Part 1 of the 1957 Act;

(c)

an offence under section 47K of that Act;

(d)

an offence under section 18 or 20 of the Armed Forces Act 1991(7) committed before commencement;

(e)

an offence under any of sections 95 to 97 of the Reserve Forces Act 1996(8) committed before commencement.

“serious SDA offence” means—

(a)

an SDA civil offence as respects which the corresponding civil offence is an indictable offence; or

(b)

an SDA offence other than—

(i)

an SDA civil offence;

(ii)

an offence which (by virtue of modifications of section 52 of the Act made by an order under section 380 of the Act) may be dealt with at a summary hearing;

(c)

an offence under section 33(1)(a) of either of the 1955 Acts or section 11(a) of the 1957 Act (using violence against a superior officer);

(d)

an offence under section 44(1) of either of the 1955 Acts or section 29(1) of the 1957 Act (damage to, and loss of, public or service property);

(e)

an offence under section 62(1) of either of the 1955 Acts or section 35(1) of the 1957 Act (making of false documents);

(f)

an offence under section 68 of either of the 1955 Acts or section 40 of the 1957 Act of attempting to commit an offence within paragraph (c), (d) or (e);

(g)

an offence under section 68A of either of the 1955 Acts or section 41 of the 1957 Act of aiding and abetting or inciting the commission of an offence within paragraph (c), (d) or (e).

(1)

1955 c. 18.

(2)

1955 c. 19.

(3)

1957 c. 53.

(4)

2001 c. 19.

(5)

S.I. 2003/2273 amended by S.I. 2006/3244, 2008/1698.

(6)

S.I. 2006/3243 amended by S.I. 2008/1698.

(7)

1991 c. 62.

(8)

1996 c. 14.