The Armed Forces (Minor Punishments and Limitation on Power to Reduce in Rank) (Amendment) Regulations 2023

Statutory Instruments

2023 No. 1151

DEFENCE

The Armed Forces (Minor Punishments and Limitation on Power to Reduce in Rank) (Amendment) Regulations 2023

Made

26th October 2023

Laid before Parliament

1st November 2023

Coming into force

22nd November 2023

The Defence Council makes these Regulations in exercise of the powers conferred by row 7 of the Table in section 132 and 138(7) of the Armed Forces Act 2006(1).

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Armed Forces (Minor Punishments and Limitation on Power to Reduce in Rank) (Amendment) Regulations 2023.

(2) These Regulations come into force on the 22nd November 2023.

(3) These Regulations extend to England and Wales, Scotland, Northern Ireland, the Isle of Man and the British overseas territories (except Gibraltar).

(4) In these Regulations, “the 2023 Regulations” means the Armed Forces (Minor Punishments and Limitation on Power to Reduce in Rank) Regulations 2023(2).

Amendment of the 2023 Regulations

2.—(1) The 2023 Regulations are amended as follows.

(2) For regulation 5 substitute—

“Prohibited combinations of punishments

5.— (1) Paragraphs (2) to (4) apply where a commanding officer awards a minor punishment in respect of an offender.

(2) If a stoppage of leave order is awarded, the only additional punishments that may be awarded are—

(a) a fine;

(b) a severe reprimand or a reprimand;

(c) a restriction of privileges order;

(d) a service compensation order;

(e) a deprivation order.

(3) If a restriction of privileges order is awarded, the only additional punishments that may be awarded are—

(a) a fine;

(b) a stoppage of leave order;

(c) a service compensation order;

(d) a deprivation order.

(4) If an admonition is awarded, the only additional punishments that may be awarded are—

(a) a service compensation order;

(b) a deprivation order.”.

Signed on behalf of the Defence Council

Andrew Murrison

David Williams

Members of the Defence Council

Ministry of Defence

26th October 2023

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Armed Forces (Minor Punishments and Limitation on Reduction in Rank) Regulations 2023 by substituting a new regulation 5.

Regulation 5 prohibits the combination of each minor punishment available to commanding officers with certain other punishments (minor or otherwise). The substituted regulation allows deprivation orders, which were introduced through the Armed Forces Act 2021 (c. 35) to be awarded at the same time as each of the minor punishments.

A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sectors is foreseen.

(1)

2006 c. 52. There are amendments to the Act that are not relevant to these Regulations.

(2)

S.I. 2023/869.