2023 No. 158 (C. 11)

Defence

The Armed Forces Act 2021 (Commencement No. 5) Regulations 2023

Made

The Secretary of State makes these Regulations in exercise of the powers conferred by section 24(1) of the Armed Forces Act 20211.

Citation and interpretation1

1

These Regulations may be cited as the Armed Forces Act 2021 (Commencement No. 5) Regulations 2023.

2

In these Regulations, “the Act” means the Armed Forces Act 2021.

Extent2

1

These Regulations extend to England and Wales, Scotland, Northern Ireland, the Isle of Man and the British Overseas Territories (except Gibraltar), subject to paragraph (2).

2

Regulation 3, in so far as it relates to paragraphs (4) to (6) of Schedule 6 to the Act, has the same extent as the provisions to which those paragraphs relate.

Commencement of sections 15 and 16 of, and Schedule 6 to, the Act3

Sections 15 (driving disqualification) and 16 (deprivation and driving disqualification orders: minor and consequential amendments) of, and Schedule 6 to, the Act come into force on 1st April 2023, in so far as they are not already in force.

Commencement of section 11 of the Act4

Section 11 of the Act (Service police: complaints, misconduct etc) comes into force on 20th February 2023, for the purposes only of making regulations under sections 340P and 340R of the Armed Forces Act 20062.

Alex ChalkParliamentary Under Secretary of StateMinistry of Defence
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force sections 15 and 16 of, and Schedule 6 to, the Armed Forces Act 2021 (c. 35) (“the Act”) on 1 April 2023, in so far as they are not already in force. They also bring into force section 11 of the Act on 20 February 2023 to enable regulations to be made under sections 340P and 340R of the Armed Forces Act 2006.

Four earlier Commencement Regulations, (S.I. 2022/471 (C. 17)), (S.I. 2022/625 (C. 33)), (S.I. 2022/1095 (C. 87)) and (S.I. 2022/1161 (C. 89)), were made before the date of these Regulations.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the Armed Forces Act 2021 have been brought into force by commencement regulations made before the date of these Regulations.

Provision

Date of Commencement

S.I. No.

Section 2 (partially)

1 May 2022

2022/471

Section 2 (remainder)

1 January 2023

2022/1095

Section 3

1 May 2022

2022/471

Section 4 (partially)

1 May 2022

2022/471

Section 5 (partially)

1 May 2022

2022/471

Section 6 (partially)

1 May 2022

2022/471

Section 7 (partially)

1 May 2022

2022/471

Section 8 (partially)

1 May 2022

2022/471

Section 8 (remainder)

22 November 2022

2022/1161

Section 9 (partially)

1 May 2022

2022/471

Section 10 (partially)

1 May 2022

2022/471

Section 10 (remainder)

15 June 2022

2022/625

Section 11 (partially)

1 November 2022

2022/1095

Section 12 (partially)

1 May 2022

2022/471

Section 12 (remainder)

5 December 2022

2022/1095

Section 13

1 May 2022

2022/471

Section 14 (partially)

1 May 2022

2022/471

Section 15 (partially)

1 May 2022

2022/471

Section 16 (partially)

1 May 2022

2022/471

Section 18

1 May 2022

2022/471

Section 21 (partially)

1 May 2022

2022/471

Section 21 (remainder)

22 November 2022

2022/1161

Schedule 1 (partially)

1 May 2022

2022/471

Schedule 1 (remainder)

1 January 2023

2022/1095

Schedule 2 (partially)

1 May 2022

2022/471

Schedule 3 (partially)

1 May 2022

202/471

Schedule 3 (remainder)

15 June 2022

2022/625

Schedule 4 (partially)

1 November 2022

2022/1095

Schedule 5 (partially)

1 May 2022

2022/471

Schedule 5 (remainder)

5 December 2022

2022/1095

Schedule 6 (partially)

1 May 2022

2022/471