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Armed Forces Bill
EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Ministry of Defence, have been ordered to be published as HL Bill 42—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Baroness Goldie has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Armed Forces Bill are compatible with the Convention rights.

Armed Forces Bill
[AS BROUGHT FROM THE COMMONS]
CONTENTS
[As brought from the Commons]

A

bill

to

Continue the Armed Forces Act 2006; to amend that Act and other enactments relating to the armed forces; to make provision about service in the reserve forces; to make provision about pardons for certain abolished service offences; to make provision about war pensions; and for connected purposes.

B e it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Duration of Armed Forces Act 2006

1 Duration of Armed Forces Act 2006

(1)

For section 382 of AFA 2006 (duration of AFA 2006) substitute—


“382
Duration of this Act


(1)

This Act expires at the end of one year beginning with the day on
which the Armed Forces Act 2021 is passed (but this is subject to
subsection (2)).


(2)

Her Majesty may by Order in Council provide that, instead of expiring
at the time it would otherwise expire, this Act shall expire at the end
of a period of not more than one year from that time.


(3)

Such an Order may not provide for the continuation of this Act beyond
the end of the year 2026.


(4)

No recommendation may be made to Her Majesty in Council to make
an Order under subsection (2) unless a draft of the Order has been
laid before, and approved by a resolution of, each House of
Parliament.”

(2)

In consequence of subsection (1) , omit section 1 of the Armed Forces Act
2016.

Service courts, summary hearings and jurisdiction

2 Constitution of the Court Martial


Schedule 1
contains provisions about the constitution of the Court Martial.

3 Nomination of Circuit judge to sit as judge advocate


In paragraph (c) of section 362 of AFA 2006 (judge advocates), after “Wales”,
in the first place it occurs, insert “, or a Circuit judge,”.

4 Summary hearings: power to rectify mistakes etc

(1)

Section 153 of AFA 2006 (summary hearings etc rules) is amended in
accordance with subsections (2) to (4) .

(2)

After subsection (1) insert—


“(1A)

Without prejudice to the generality of subsection (1), the Secretary of
State may by rules make provision with respect to the variation or
rescission by a commanding officer of—


(a)

a punishment awarded by the officer, or


(b)

an order under section 193 made by the officer,


in cases where it appears to the officer that the officer had no power
to award the punishment or (as the case may be) to make the order.”

(3)

After subsection (2) insert—


“(2A)

Rules made under subsection (1A) may make provision about the
commencement of punishments or orders varied by the commanding
officer.”

(4)

(a)

the text from ““prescribed” to the end becomes paragraph (a) ;

(b)

after paragraph (a) insert—


“(b)

references to hearings include any proceedings for
determining whether a punishment, or an order under
section 193, should be varied or rescinded.”

(5)

In section 152 of AFA 2006 (review of summary findings and punishments),
after subsection (2) insert—


“(2A)

Subsection (2B) applies where—


(a)

a review has been carried out under this section in respect of
a punishment;


(b)

the person to whom the review relates has not brought an
appeal under section 141 within the period provided by
subsection (2) of that section; and


(c)

the person who carried out the review considers there may be
grounds for varying or rescinding the punishment, pursuant
to rules made by virtue of section 153(1A).


(2B)

The person who carried out the review may refer the punishment back
to the commanding officer who awarded it to consider whether to
exercise the power to vary or rescind the punishment pursuant to
those rules.


(2C)

Where subsection (2B) applies, that does not prevent the person who
carried out the review from making a referral under subsection (4)—


(a)

as an alternative to making a referral under subsection (2B);
or


(b)

after making a referral under subsection (2B), where the
commanding officer has declined to exercise the power to vary
or rescind the punishment.”

5 The Summary Appeal Court: power to rectify mistakes

(1)

Section 151 of AFA 2006 (SAC rules) is amended as follows.

(2)

In subsection (3), after paragraph (g) insert—


“(ga)

in relation to cases where the court has awarded or confirmed
a punishment at a rehearing and it appears to the court that it
had no power to do so, enabling the court to substitute for the
(purported) award or confirmation of the punishment a decision
that the court would have had power to make at the rehearing;”

(3)

After subsection (5) insert—


“(5A)

Rules made by virtue of subsection (3)(ga) may make provision about
the commencement of punishments varied by the court.”

6 The Service Civilian Court: power to rectify mistakes


In section 288 of AFA 2006 (SCC rules)—

(a)

in subsection (3), after paragraph (e) insert—


“(ea)

for the variation or rescission by the court of a sentence
passed by it, or an order under section 193 made by it,
in a case where it appears to the court that it had no
power to award such a sentence or (as the case may
be) to make such an order;”

(b)

after subsection (6) insert—


“(6A)

Rules made by virtue of subsection (3)(ea) may make provision
about the commencement of sentences or orders varied by the
court (including provision conferring on the court a power to
direct that a sentence is to take effect otherwise than as
mentioned in section 289(1)).”

7 Concurrent jurisdiction


In Part 13 of AFA 2006, after Chapter 3 insert—


“Chapter 3A

Guidance on Exercise of Criminal Jurisdiction


320A
Guidance on exercise of criminal jurisdiction: England or Wales


(1)

The Director of Service Prosecutions and the Director of Public
Prosecutions must agree a protocol regarding the exercise of concurrent
jurisdiction in respect of alleged conduct of the description in
subsection (2).


(2)

Subsection (1) refers to conduct of a person subject to service law
which—


(a)

occurs when the person is in England or Wales, and


(b)

is punishable by the law of England and Wales.


(3)

The protocol—


(a)

must give guidance as to general principles which are to be
taken into account by a relevant prosecutor when considering
in which jurisdiction (service or civilian) proceedings should
be brought, and


(b)

may give guidance as to—


(i)

procedures for making decisions regarding the exercise
of jurisdiction, including as to the cases in which there
should be consultation between relevant prosecutors
within paragraphs (a) and (b) of subsection (10) , and


(ii)

any other matters the Directors think appropriate for
the purposes of or in connection with subsection (1).


(4)

Guidance under subsection (3)(a) must be designed to promote fair
and efficient justice.


(5)

Where relevant prosecutors within subsection (10) (a) and relevant
prosecutors within subsection (10) (b) cannot resolve a disagreement
between them about the exercise of jurisdiction in a case to which
guidance under this section applies, it is for the Director of Public
Prosecutions to decide in which jurisdiction proceedings should be
brought in that case.


(6)

The Director of Service Prosecutions and the Director of Public
Prosecutions may from time to time agree revisions to the protocol.


(7)

Before agreeing the protocol or revisions to it under this section the
Directors must consult—


(a)

the Secretary of State,


(b)

the Attorney General,


(c)

the National Police Chiefs’ Council, and


(d)

any other person the Directors think appropriate.


(8)

The current version of the protocol must be published in whatever
manner the Directors think appropriate.


(9)

Consultation undertaken before the Armed Forces Act 2021 is passed
is as effective for the purposes of subsection (7) as consultation
undertaken after it is passed.


(10)

In this section “relevant prosecutor” means—


(a)

the Director of Service Prosecutions and any person appointed
under section 365 (prosecuting officers), and


(b)

the Director of Public Prosecutions, a Crown Prosecutor and
any person appointed under section 5(1) of the Prosecution of
Offences Act 1985 (conduct of prosecutions on behalf of the
Service).


(11)

But this section applies in relation to a relevant prosecutor only where
that prosecutor is aware that the Court Martial has (or may have)
jurisdiction to try the person in respect of the alleged conduct
mentioned in subsection (1).


(12)

In subsection (2) (a) a reference to England or Wales includes the
territorial waters of the United Kingdom adjacent to England or Wales
(as the case may be).


(13)

In this section—


conduct
means an act or omission;


the Directors
means the Director of Service Prosecutions and
the Director of Public Prosecutions (acting jointly);


punishable
has the same meaning as in section 42 (criminal
conduct).


320B
Guidance on exercise of criminal jurisdiction: Scotland


(1)

The Director of Service Prosecutions and the Lord Advocate must
agree a protocol regarding the exercise of concurrent jurisdiction, in
respect of alleged conduct of the description in subsection (2) , in the
cases specified in subsection (3) .


(2)

Subsection (1) refers to conduct of a person subject to service law
which—


(a)

occurs when the person is in Scotland, and


(b)

constitutes an offence under the law of Scotland.


(3)

The cases mentioned in subsection (1) are where—


(a)

the alleged conduct also constitutes an offence under section
42 (criminal conduct), or


(b)

the person mentioned in subsection (2) could on the same facts
be charged with an offence under section 42 which is broadly
equivalent to the offence under the law of Scotland.


(4)

The protocol—


(a)

must give guidance as to general principles which are to be
taken into account by a relevant prosecutor when considering
in which jurisdiction (service or civilian) proceedings should
be brought, and


(b)

may give guidance as to—


(i)

procedures for making decisions regarding the exercise
of jurisdiction, including as to the cases in which there
should be consultation between relevant prosecutors
within paragraphs (a) and (b) of subsection (11) , and


(ii)

any other matters the issuing authorities think
appropriate for the purposes of or in connection with
subsection (1).


(5)

Guidance under subsection (4)(a) must be designed to promote fair
and efficient justice.


(6)

Where relevant prosecutors within subsection (11) (a) and relevant
prosecutors within subsection (11) (b) cannot resolve a disagreement
between them about the exercise of jurisdiction in a case to which
guidance under this section applies, it is for the Lord Advocate to
decide in which jurisdiction proceedings should be brought in that
case.


(7)

The Director of Service Prosecutions and the Lord Advocate may from
time to time agree revisions to the protocol.


(8)

Before agreeing the protocol or revisions to it under this section the
issuing authorities must consult—


(a)

the Secretary of State,


(b)

the chief constable of the Police Service of Scotland, and


(c)

any other person the issuing authorities think appropriate.


(9)

The current version of the protocol must be published in whatever
manner the issuing authorities think appropriate.


(10)

Consultation undertaken before the Armed Forces Act 2021 is passed is
as effective for the purposes of subsection (8) as consultation
undertaken after it is passed.


(11)

The following are “relevant prosecutors” for the purposes of this
section—


(a)

the Director of Service Prosecutions and any person appointed
under section 365 (prosecuting officers), and


(b)

any prosecutor as defined in section 307(1) of the Criminal
Procedure (Scotland) Act 1995 (other than a private prosecutor).


(12)

But this section applies in relation to a relevant prosecutor only where
that prosecutor is aware that the Court Martial has (or may have)
jurisdiction to try the person in respect of the alleged conduct
mentioned in subsection (1).


(13)

In subsection (2) (a) the reference to Scotland includes the territorial
waters of the United Kingdom adjacent to Scotland.


(14)

In this section—


conduct
means an act or omission;


the issuing authorities
means the Director of Service
Prosecutions and the Lord Advocate (acting jointly).


320C
Guidance on exercise of criminal jurisdiction: Northern Ireland


(1)

The Director of Service Prosecutions and the Director of Public
Prosecutions for Northern Ireland must agree a protocol regarding
the exercise of concurrent jurisdiction, in respect of alleged conduct
of the description in subsection (2) , in the cases specified in subsection
(3)
.


(2)

Subsection (1) refers to conduct of a person subject to service law
which—


(a)

occurs when the person is in Northern Ireland, and


(b)

constitutes an offence under the law of Northern Ireland.


(3)

The cases mentioned in subsection (1) are where—


(a)

the alleged conduct also constitutes an offence under section
42 (criminal conduct), or


(b)

the person mentioned in subsection (2) could on the same facts
be charged with an offence under section 42 which is broadly
equivalent to the offence under the law of Northern Ireland.


(4)

The protocol—


(a)

must give guidance as to general principles which are to be
taken into account by a relevant prosecutor when considering
in which jurisdiction (service or civilian) proceedings should
be brought, and


(b)

may give guidance as to—


(i)

procedures for making decisions regarding the exercise
of jurisdiction, including as to the cases in which there
should be consultation between relevant prosecutors
within paragraphs (a) and (b) of subsection (11) , and


(ii)

any other matters the issuing authorities think
appropriate for the purposes of or in connection with
subsection (1).


(5)

Guidance under subsection (4)(a) must be designed to promote fair
and efficient justice.


(6)

Where relevant prosecutors within subsection (11) (a) and relevant
prosecutors within subsection (11) (b) cannot resolve a disagreement
between them about the exercise of jurisdiction in a case to which
guidance under this section applies, it is for the Director of Public
Prosecutions for Northern Ireland to decide in which jurisdiction
proceedings should be brought in that case.


(7)

The Director of Service Prosecutions and the Director of Public
Prosecutions for Northern Ireland may from time to time agree
revisions to the protocol.


(8)

Before agreeing the protocol or revisions to it under this section the
issuing authorities must consult—


(a)

the Secretary of State,


(b)

the Department of Justice in Northern Ireland,


(c)

the Chief Constable of the Police Service of Northern Ireland,


(d)

the Attorney General for Northern Ireland, and


(e)

any other person the issuing authorities think appropriate.


(9)

The current version of the protocol must be published in whatever
manner the issuing authorities think appropriate.


(10)

Consultation undertaken before the Armed Forces Act 2021 is passed is
as effective for the purposes of subsection (8) as consultation
undertaken after it is passed.


(11)

The following are “relevant prosecutors” for the purposes of this
section—


(a)

the Director of Service Prosecutions and any person appointed
under section 365 (prosecuting officers), and


(b)

the Director of Public Prosecutions for Northern Ireland, the
Deputy Director of Public Prosecutions for Northern Ireland,
a Public Prosecutor and any person appointed under section
36(2) of the Justice (Northern Ireland) Act 2002 (c. 26 (N.I.))
(exercise of functions on behalf of the Service).


(12)

But this section applies in relation to a relevant prosecutor only where
that prosecutor is aware that the Court Martial has (or may have)
jurisdiction to try the person in respect of the alleged conduct
mentioned in subsection (1).


(13)

In subsection (2) (a) the reference to Northern Ireland includes the
territorial waters of the United Kingdom adjacent to Northern Ireland.


(14)

In this section—


conduct
means an act or omission;


the issuing authorities
means the the Director of Service
Prosecutions and the Director of Public Prosecutions for
Northern Ireland (acting jointly).”

Service in the armed forces

8 Armed forces covenant

(1)

AFA 2006 is amended as follows.

(2)

In the heading of Part 16A , omit “Report”.

(3)

After section 343A insert—


“343AA
Due regard to principles: England


(1)

In exercising in relation to England a relevant function, a person or
body specified in subsection (3) must have due regard to—


(a)

the unique obligations of, and sacrifices made by, the armed
forces,


(b)

the principle that it is desirable to remove disadvantages arising
for service people from membership, or former membership,
of the armed forces, and


(c)

the principle that special provision for service people may be
justified by the effects on such people of membership, or former
membership, of the armed forces.


(2)

In this section “relevant function”, in relation to a person or body
specified in subsection (3), means—


(a)

a relevant housing function,


(b)

a relevant education function, or


(c)

a relevant healthcare function.


(3)

The specified persons and bodies are—


(a)

a local authority in England;


(b)

the governing body of a maintained school in England;


(c)

the proprietor of an Academy in England;


(d)

a non-maintained special school;


(e)

the governing body of an institution within the
further education sector in England;


(f)

a special post-16 institution;


(g)

the National Health Service Commissioning Board;


(h)

a clinical commissioning group;


(i)

a National Health Service trust in England;


(j)

an NHS foundation trust.


(4)

In this section “relevant housing function” means a function under or
by virtue of any of the following—


(a)

Part 6 of the Housing Act 1996 (allocation of housing
accommodation);


(b)

Part 7 of the Housing Act 1996 (homelessness: England);


(c)

Part 1 of the Housing Grants, Construction and Regeneration
Act 1996 (grants, etc for renewal of private sector housing);


(d)

section 1 of the Homelessness Act 2002 (duty of local housing
authority in England to formulate a homelessness strategy);


(e)

section 150 of the Localism Act 2011 (tenancy strategies);


(f)

regulation 3 of the Regulatory Reform (Housing Assistance)
(England and Wales) Order 2002 (S.I. 2002/1860) (power of
local housing authorities to provide assistance), so far as that
regulation deals with the provision of financial assistance for
a purpose corresponding to any purpose specified in section
23 of the Housing Grants, Construction and Regeneration Act
1996 (disabled facilities grants: purposes).


(5)

In this section “relevant education function” means a function under
or by virtue of any of the following—


(a)

the Education Act 1996;


(b)

Part 3 of the School Standards and Framework Act 1998 (school
admissions);


(c)

section 175 of the Education Act 2002 (duties of local authorities
and governing bodies in relation to welfare of children);


(d)

any provision of Part 3 of the Children and Families Act 2014,
so far as it deals with special educational provision.


(6)

In this section “relevant healthcare function” means a function under
or by virtue of—


(a)

the National Health Service Act 2006, or


(b)

any provision of Part 3 of the Children and Families Act 2014
(children and young people in England with special educational
needs or disabilities), so far as it deals with health care
provision.


(7)

In this section “health care provision” and “special educational
provision” are to be interpreted as if this section were in Part 3 of the
Children and Families Act 2014 (see section 21 of that Act).


(8)

In this section—


Academy
has the same meaning as in the Education Act 1996
(see section 579(1) of that Act);


clinical commissioning group
means a body established
under section 14D of the National Health Service Act 2006;


governing body
, in relation to an institution within the further
education sector, has the meaning given by section 90 of the
Further and Higher Education Act 1992;


institution within the further education sector
is to be
interpreted in accordance with section 91(3) of the Further and
Higher Education Act 1992;


local authority in England
means a county council in England,
a district council, a London borough council, the Common
Council of the City of London, or the Council of the Isles of
Scilly;


non-maintained special school
means a school which is approved
under section 342 of the Education Act 1996;


maintained school
has the same meaning as in the School
Standards and Framework Act 1998 (see section 20 of that Act);


proprietor
, in relation to an Academy, has the meaning given
by section 579(1) of the Education Act 1996;


special post-16 institution
has the same meaning as in the
Children and Families Act 2014 (see section 83 of that Act).


343AB
Due regard to principles: Wales


(1)

In exercising in relation to Wales a relevant function, a person or body
specified in subsection (3) must have due regard to—


(a)

the unique obligations of, and sacrifices made by, the armed
forces,


(b)

the principle that it is desirable to remove disadvantages arising
for service people from membership, or former membership,
of the armed forces, and


(c)

the principle that special provision for service people may be
justified by the effects on such people of membership, or former
membership, of the armed forces.


(2)

In this section “relevant function”, in relation to a person or body
specified in subsection (3), means—


(a)

a relevant housing function,


(b)

a relevant education function, or


(c)

a relevant healthcare function.


(3)

The specified persons and bodies are—


(a)

a local authority in Wales;


(b)

the governing body of a maintained school in Wales;


(c)

a Local Health Board established under section 11 of the
National Health Service (Wales) Act 2006;


(d)

a Special Health Authority established under section 22 of the
National Health Service (Wales) Act 2006 other than a
cross-border Special Health Authority;


(e)

a National Health Service trust in Wales.


(4)

In this section “relevant housing function” means a function under or
by virtue of any of the following—


(a)

Part 6 of the Housing Act 1996 (allocation of housing
accommodation);


(b)

Part 1 of the Housing Grants, Construction and Regeneration
Act 1996 (grants, etc for renewal of private sector housing);


(c)

Part 2 of the Housing (Wales) Act 2014 (anaw 7);


(d)

regulation 3 of the Regulatory Reform (Housing Assistance)
(England and Wales) Order 2002 (S.I. 2002/1860) (power of
local housing authorities to provide assistance), so far as that
regulation deals with the provision of financial assistance for
a purpose corresponding to any purpose specified in section
23 of the Housing Grants, Construction and Regeneration Act
1996 (disabled facilities grants: purposes).


(5)

In this section “relevant education function” means a function under
or by virtue of any of the following—


(a)

the Education Act 1996;


(b)

Part 3 of the School Standards and Framework Act 1998 (school
admissions);


(c)

section 175 of the Education Act 2002 (duties of local authorities
and governing bodies in relation to welfare of children);


(d)

sections 2 to 7 and 9 of the Learner Travel (Wales) Measure
2008;


(e)

Chapters 2 (individual development plans) and 3
(supplementary functions) of Part 2 of the Additional Learning
Needs and Education Tribunal (Wales) Act 2018.


(6)

In this section “relevant healthcare function” means a function under
or by virtue of the National Health Service (Wales) Act 2006.


(7)

In this section—


cross-border Special Health Authority
means a Special Health
Authority which is established under the National Health
Service Act 2006 and the National Health Service (Wales) Act
2006 by virtue of—


(a)

paragraph 1(2) of Schedule 2 to the National Health
Service (Consequential Provisions) Act 2006, or


(b)

the power under section 28 of the National Health
Service Act 2006 and the power under section 22 of the
National Health Service (Wales) Act 2006 being
exercised together;


local authority in Wales
means the council of a county or county
borough in Wales;


maintained school
has the same meaning as in the School
Standards and Framework Act 1998 (see section 20 of that Act).


343AC
Due regard to principles: Scotland


(1)

In exercising in relation to Scotland a relevant function, a person or
body specified in subsection (3) must have due regard to—


(a)

the unique obligations of, and sacrifices made by, the armed
forces,


(b)

the principle that it is desirable to remove disadvantages arising
for service people from membership, or former membership,
of the armed forces, and


(c)

the principle that special provision for service people may be
justified by the effects on such people of membership, or former
membership, of the armed forces.


(2)

In this section “relevant function”, in relation to a person or body
specified in subsection (3), means—


(a)

a relevant housing function,


(b)

a relevant education function, or


(c)

a relevant healthcare function.


(3)

The specified persons and bodies are—


(a)

a local authority in Scotland;


(b)

a local authority landlord;


(c)

an integration authority (within the meaning of section 59 of
the Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9));


(d)

a person or body in their capacity as an appropriate agency
for the purposes of section 23 of the Education (Additional
Support for Learning) (Scotland) Act 2004 (asp 4);


(e)

a Health Board constituted under section 2 of the National
Health Service (Scotland) Act 1978;


(f)

a Special Health Board constituted under section 2 of that Act;


(g)

the Common Services Agency for the Scottish Health Service.


(4)

In this section “relevant housing function” means a function under or
by virtue of any of the following—


(a)

sections 19 to 21 of the Housing (Scotland) Act 1987 (housing
lists etc);


(b)

Part 2 of that Act (homeless persons);


(c)

sections 1 and 2 (homelessness: strategies and advice) of the
Housing (Scotland) Act 2001 (asp 10);


(d)

section 71(2)(e) of the Housing (Scotland) Act 2006 (asp 1)
(adaptation of a house for a disabled person).


(5)

In this section “relevant education function” means a function under
or by virtue of any of the following—


(a)

in Part 2 of the Education (Scotland) Act 1980 (rights and duties
of parents and functions of education authorities in relation to
individual pupils), sections 28A, 28B, 42 and 51;


(b)

sections 1 and 2 of the Standards in Scotland’s Schools etc. Act
2000 (asp 6) (provision of school education: right of child and
duty of education authority);


(c)

the Education (Additional Support for Learning)
(Scotland) Act 2004 (asp 4), except sections 15 to 21 of, and
Schedule 1 to, that Act;


(d)

Part 3 (children’s services planning) of the Children and Young
People (Scotland) Act 2014 (asp 8).


(6)

In this section “relevant healthcare function” means a function under
or by virtue of the National Health Service (Scotland) Act 1978.


(7)

In this section—


local authority in Scotland
means a council constituted
under section 2 of the Local Government etc. (Scotland) Act
1994;


local authority landlord
has the same meaning as in the Housing
(Scotland) Act 2001 (asp 10) (see section 11(3) of that Act).


343AD
Due regard to principles: Northern Ireland


(1)

In exercising in relation to Northern Ireland a relevant function, a
person or body specified in subsection (3) must have due regard to—


(a)

the unique obligations of, and sacrifices made by, the armed
forces,


(b)

the principle that it is desirable to remove disadvantages arising
for service people from membership, or former membership,
of the armed forces, and


(c)

the principle that special provision for service people may be
justified by the effects on such people of membership, or former
membership, of the armed forces.


(2)

In this section “relevant function”, in relation to a person or body
specified in subsection (3), means—


(a)

a relevant housing function,


(b)

a relevant education function, or


(c)

a relevant healthcare function.


(3)

The specified persons and bodies are—


(a)

the Northern Ireland Housing Executive;


(b)

the Education Authority established under section 1(1) of the
Education Act (Northern Ireland) 2014 (c. 12 (N.I.));


(c)

the Board of Governors of a grant-aided school in Northern
Ireland;


(d)

the Regional Health and Social Care Board established under
section 7 of the Health and Social Care (Reform) Act (Northern
Ireland) 2009 (c.1 (N.I.));


(e)

a Local Commissioning Group appointed under section 9 of
the Health and Social Care (Reform) Act (Northern
Ireland) 2009);


(f)

a Health and Social Care trust established by virtue of Article
10 of the Health and Personal Social Services (Northern Ireland)
Order 1991 (S.I. 1991/194 (N.I. 1)), other than the Northern
Ireland Ambulance Service Health and Social Care Trust.


(4)

In this section “relevant housing function” means a function under or
by virtue of any of the following—


(a)

Articles 22 (house allocation scheme) and 22A (allocation only
to eligible persons) of the Housing (Northern Ireland) Order
1981 (S.I. 1981/156 (N.I. 3));


(b)

Part 2 (housing the homeless) of the Housing (Northern Ireland)
Order 1988 (S.I. 1988/1990 (N.I. 23)), except Article 15;


(c)

Chapter 2 of Part 3 of the Housing (Northern Ireland) Order
2003 (S.I. 2003/412 (N.I. 2)), so far as that Chapter relates to
disabled facilities grants.


(5)

In this section “relevant education function” means a function under
or by virtue of any of the following—


(a)

Article 52 (school transport) of the Education and Libraries
(Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3);


(b)

in Part 2 (special educational needs) of the Education (Northern
Ireland) Order 1996 (S.I. 1996/274 (N.I. 1)), Articles 6 to 16 and
19 to 20A;


(c)

Article 16(4) and (5) (admission criteria) of the Education
(Northern Ireland) Order 1997 (S.I. 1997/866 (N.I. 5));


(d)

Articles 17 (duty on boards of governors to safeguard and
promote the welfare of pupils) and 22 (admission to special
schools of children resident outside Northern Ireland) of the
Education and Libraries (Northern Ireland) Order 2003 (S.I.
2003/424 (N.I. 12)).


(6)

In this section “relevant healthcare function” means a function under
or by virtue of any of the following, so far as the function relates to
health care—


(a)

the Health and Personal Social Services (Northern Ireland)
Order 1972 (S.I. 1972/1265 (N.I. 14));


(b)

the Health and Personal Social Services (Northern Ireland)
Order 1991 (S.I. 1991/194 (N.I. 1));


(c)

the Health and Social Care (Reform) Act (Northern Ireland)
2009 (c.1 (N.I.)).


(7)

In this section—


disabled facilities grant
has the meaning given by Article 35(4)
of the Housing (Northern Ireland) Order 2003;


grant-aided school
means a grant-aided school within the
meaning of the Education and Libraries (Northern Ireland)
Order 1986;


health care
means all forms of health care provided for
individuals, whether relating to physical or mental health.


343AE
Sections 343AA to 343AD: guidance


(1)

The Secretary of State may issue guidance relating to the duties
imposed by sections 343AA (1), 343AB (1), 343AC (1), and 343AD (1).


(2)

A person or body specified in subsection (3) of section 343AA , 343AB ,
343AC
, or 343AD must have regard to any guidance for the time being
in force under subsection (1) when exercising a relevant function.


(3)

The Secretary of State may from time to time revise any guidance
issued under this section.


(4)

Before issuing guidance under subsection (1) the Secretary of State
must consult—


(a)

the Welsh Ministers so far as the guidance relates to devolved
Welsh functions,


(b)

the Scottish Ministers so far as the guidance relates to devolved
Scottish functions,


(c)

the relevant Northern Ireland department, and


(d)

any other persons the Secretary of State considers appropriate.


(5)

Subsection (4) has effect in relation to any revised guidance unless the
Secretary of State considers that the proposed revisions to the guidance
are insubstantial.


(6)

The Secretary of State must publish the current version of any guidance
issued under this section.


(7)

For the purposes of this section a function is a “devolved Welsh
function” if—


(a)

it deals with a matter in respect of which functions are
exercisable by the Welsh Ministers or the First Minister for
Wales, or


(b)

a provision conferring the function would be within the
legislative competence of Senedd Cymru if contained in an Act
of Senedd Cymru (assuming that any consent by a Minister of
the Crown were given).


(8)

For the purposes of this section a function is a “devolved Scottish
function” if—


(a)

it deals with a matter in respect of which functions are
exercisable by the Scottish Ministers or the First Minister, or


(b)

a provision conferring the function would be within the
legislative competence of the Scottish Parliament if contained
in an Act of that Parliament.


(9)

For the purposes of this section a provision is a “devolved Northern
Ireland function” if—


(a)

it deals with a matter in respect of which functions are
exercisable by a Northern Ireland department, or


(b)

a provision conferring the function—


(i)

would be within the legislative competence of the
Northern Ireland Assembly, and would not require the
consent of the Secretary of State, if contained in an Act
of that Assembly, or


(ii)

is contained in, or was made under, Northern Ireland
legislation, and would be within the legislative
competence of the Northern Ireland Assembly, and
would require the consent of the Secretary of State, if
contained in an Act of that Assembly.


343AF
Sections 343AA to 343AD: power to add bodies and functions


(1)

The Secretary of State may by regulations—


(a)

amend section 343AA by—


(i)

specifying additional functions that are to be relevant
functions in relation to persons and bodies specified in
subsection (3) of that section, or


(ii)

specifying additional persons or bodies in that
subsection.


(b)

amend section 343AB by—


(i)

specifying additional functions that are to be relevant
functions in relation to persons and bodies specified in
subsection (3) of that section, or


(ii)

specifying additional persons or bodies in that
subsection;


(c)

amend section 343AC by—


(i)

specifying additional functions that are to be relevant
functions in relation to persons and bodies specified in
subsection (3) of that section, or


(ii)

specifying additional persons or bodies in that
subsection.


(d)

amend section 343AD by—


(i)

specifying additional functions that are to be relevant
functions in relation to persons and bodies specified in
subsection (3) of that section, or


(ii)

specifying additional persons or bodies in that
subsection.


(2)

In subsection (1) a reference to a provision of this Act includes a
reference to that provision as amended by virtue of subsection (1).


(3)

A function specified by virtue of subsection (1)(a)(i), (b)(i), (c)(i) or
(d)(i) must be a function under or by virtue of—


(a)

primary legislation, or


(b)

retained direct EU legislation.


(4)

A person or body specified by virtue of subsection (1)(a)(ii), (b)(ii),
(c)(ii) or (d)(ii) must be a person or body by whom functions are
exercisable under or by virtue of—


(a)

primary legislation, or


(b)

retained direct EU legislation.


(5)

Nothing in sections 343AA to 343AD limits the fields to which
functions added by virtue of subsection (1) may relate.


(6)

The powers conferred by subsection (1) include power to make
consequential amendments of any of sections 343AA to 343AE .


(7)

Before making regulations under subsection (1) the Secretary of State
must consult—


(a)

the Welsh Ministers so far as the regulations contain provision
that is within Welsh devolved competence,


(b)

the Scottish Ministers so far as the regulations contain provision
that is within Scottish devolved competence,


(c)

the relevant Northern Ireland department, and


(d)

any other persons the Secretary of State considers appropriate.


(8)

For the purposes of this section a provision is within Welsh devolved
competence if it—


(a)

would be within the legislative competence of Senedd Cymru
if contained in an Act of Senedd Cymru (assuming that any
consent by a Minister of the Crown were given), or


(b)

is provision which could be made in subordinate legislation
by the Welsh Ministers acting alone.


(9)

For the purposes of this section a provision is within Scottish devolved
competence if it—


(a)

would be within the legislative competence of the Scottish
Parliament if contained in an Act of that Parliament, or


(b)

is provision which could be made in subordinate legislation
by the Scottish Ministers or the First Minister.


(10)

For the purposes of this section a provision is within Northern Ireland
devolved competence if it—


(a)

would be within the legislative competence of the Northern
Ireland Assembly, and would not require the consent of the
Secretary of State, if contained in an Act of that Assembly,


(b)

is contained in, or was made under, Northern Ireland
legislation, and would be within the legislative competence of
the Northern Ireland Assembly, and would require the consent
of the Secretary of State, if contained in an Act of that
Assembly, or


(c)

is provision which could be made in subordinate legislation
by a Northern Ireland department.


(11)

In this section “primary legislation” means—


(a)

an Act of Parliament;


(b)

an Act of the Scottish Parliament;


(c)

a Measure or Act of Senedd Cymru;


(d)

Northern Ireland legislation.”

(4)

In section 343B (interpretation of Part 16A)—

(a)

in subsection (1), in the words before paragraph (a), for “section 343A”
substitute “this Part”;

(b)

in subsection (4), at the appropriate place insert—

““
relevant function
, in relation to a person or body specified in
subsection (3) of section 343AA, 343AB, 343AC or 343AD, has
the meaning given by subsection (2) of the same section;


relevant Northern Ireland department
means any Northern
Ireland department the Secretary of State thinks appropriate;”

(5)

In section 373 (orders, regulations and rules), in subsection (3), after paragraph
(ec) (inserted by section 11 ) insert—


“(ed)

regulations under section 343AF ,”.

9 Reserve forces: flexibility of commitments

(1)

Section 24 of the Reserve Forces Act 1996 (commitments to a period of full-time
service) is amended as follows.

(2)

In the heading, omit “full-time”.

(3)

In subsection (1)—

(a)

for “(a “full-time service commitment”)” substitute “(a “continuous
service commitment”)”;

(b)

omit “full-time” in the second place it occurs.

(4)

After subsection (1) insert—


“(1A)

The period of service specified in a commitment under this section
(whether originally, or by virtue of a variation under subsection
(5)(a))—


(a)

may be a period of full-time service;


(b)

so far as orders or regulations under section 4 permit, may—


(i)

be a period of service on a part-time basis, or


(ii)

include one or more periods of service on a part-time
basis as well as one or more periods of full-time service.


(1B)

Orders or regulations under section 4 may enable a continuous service
commitment to contemplate periods of special or extended leave.”

(5)

In subsection (2)—

(a)

in paragraph (a), omit “full-time” in each place it occurs;

(b)

in paragraph (c) , for “full-time service” substitute “service under the
commitment”.

(6)

In subsection (3)—

(a)

in the words before paragraph (a), for “full-time” substitute
“continuous”;

(b)

in paragraph (a), for “full-time service” substitute “service under the
commitment”;

(c)

after paragraph (a) insert—


“(aa)

must specify the place at which the person is to begin
performing duties;”.

(7)

In subsection (4)—

(a)

in the words before paragraph (a), for “full-time service” substitute
“service under a continuous service commitment”;

(b)

in paragraph (a), omit “concerned”.

(8)

In subsection (5)—

(a)

in the words before paragraph (a), for “full-time” substitute
“continuous”;

(b)

in paragraph (b), omit “full-time”;

(c)

in paragraph (c), omit “full-time”.

(9)

In subsection (6), for “full-time service” substitute “service under a continuous
service commitment”.

(10)

In subsection (7)—

(a)

in the words before paragraph (a), for “full-time service” substitute
“service under a continuous service commitment”;

(b)

in paragraph (a), for “full-time service” substitute “service under the
commitment”;

(c)

in paragraph (b)—

(i)

omit “full-time” in the first place it occurs;

(ii)

after “by him” insert “under the commitment”;

(iii)

for “full-time service” in the second place it occurs, substitute
“service under the commitment”.

(11)

In subsection (8), for “full-time service” substitute “service under a continuous
service commitment”.

(12)

In subsection (9), for “full-time service” substitute “service under a continuous
service commitment”.

(13)

In subsection (10), omit the definition of “full-time service”.

(14)

In section 25 of the Reserve Forces Act 1996 (additional duties commitment),
after subsection (2) insert—


“(2A)

Subject to any provision made by orders or regulations under section
4, an additional duties commitment may provide for duties for a period
to be performed on any basis, including full-time or part-time.”

(15)

Schedule 2 contains—

(a)

amendments that are consequential on or otherwise connected with
this section, and

(b)

transitional provision.

10 Service complaints appeals

(1)

Part 14A of AFA 2006 (redress of service complaints) is amended as follows.

(2)

Section 340D (appeals) is amended as follows.

(3)

In subsection (2)—

(i)

after paragraph (a) insert—


“(aa)

restricting the grounds on which an appeal against a
decision on a complaint (or on a complaint of a
description specified in the regulations) may be
brought;”.

(ii)

after paragraph (c) insert—


“(ca)

requiring the Defence Council to decide any question
relating to whether an appeal has been brought on valid
grounds;”

(4)

In subsection (3), for “six” substitute “two”.

(5)

In subsection (6)—

(a)

after paragraph (a) insert—


“(aa)

for the Service Complaints Ombudsman, on an
application by the complainant, to review a decision by
the Defence Council that an appeal cannot be proceeded
with because it was not brought on a valid ground;”;

(b)

in paragraph (b) for “such a review,” substitute “a review such as is
mentioned in paragraph (a) or (aa),”.

(6)

Section 340H (ombudsman investigations) is amended as follows.

(7)

After subsection (5) insert—


“(5A)

A decision on a service complaint is not to be taken to fall within
subsection (5)(b) if the complainant does not have grounds (of which
the complainant is aware) on which the complainant is entitled to
bring an appeal against the decision.”

(8)

In subsection (9)—

(a)

in the words before paragraph (a), for “six” substitute “two”;

(b)

for the words from “date” to the end substitute “relevant date (see
subsection (9A))”.

(9)

After subsection (9) insert—


“(9A)

For the purposes of subsection (9) “the relevant date” in relation to a
service complaint that has been finally determined is—


(a)

where the service complaint falls within subsection (5)(b), the
date on which the complainant is notified of the determination
of the appeal;


(b)

where the decision on the service complaint does not fall within
subsection (5)(b)—


(i)

if the conditions in subsection (9B) are met, the date of
the final invalidity decision;


(ii)

otherwise, the date of the decision on the service
complaint.


(9B)

The conditions mentioned in subsection (9A)(b)(i) are that—


(a)

the complainant brings an appeal against the decision on the
service complaint;


(b)

the Defence Council decides that the appeal cannot be
proceeded with because (and only because) it was not brought
on a valid ground;


(c)

on any review of that decision of the Defence Council in
accordance with regulations made by virtue of section
340D(6)(aa), the decision is upheld.


(9C)

In subsection (9A)(b) “the date of the final invalidity decision” means—


(a)

if the complainant does not apply for a review by the Service
Complaints Ombudsman of the decision mentioned in
subsection (9B)(b), the date on which the Defence Council
notifies the complainant of that decision;


(b)

if the complainant does apply for such a review, the date on
which the Service Complaints Ombudsman notifies the
complainant that the appeal cannot be proceeded with because
it was not brought on a valid ground.”

(10)

Schedule 3 contains amendments consequential on this section.

Service police: complaints, misconduct etc

11 Service police: complaints, misconduct etc

(1)

AFA 2006 is amended as follows.

(2)

In Part 18, after section 365B insert—


“Service Police Complaints Commissioner


365BA
Service Police Complaints Commissioner


(1)

There is to be a Service Police Complaints Commissioner.


(2)

The Commissioner is to have the functions conferred on the
Commissioner  by or under this Act or any other enactment.


(3)

Schedule 14A makes further provision with respect to the
Commissioner.


365BB
Investigating officers


(1)

The Service Police Complaints Commissioner may appoint persons to
be investigating officers.


(2)

An investigating officer holds and vacates office in accordance with
the terms of the officer’s appointment.


(3)

An investigating officer may, unless the Commissioner otherwise
directs, exercise any function of the Commissioner.”

(3)

After Part 14A insert—


“Part 14B

Service police: complaints, misconduct etc


Functions of the Service Police Complaints Commissioner


340P
Complaints, misconduct etc


(1)

The Secretary of State may by regulations make, in relation to the
Service Police Complaints Commissioner (established under section
365BA) and service police forces, provision corresponding (with or
without modifications) to any provision of or made under Part 2 of
the Police Reform Act 2002 (complaints and misconduct) except for
section 19 of that Act (but see subsections (3) to (5)).


(2)

For the purposes of subsection (1), section 105(5) of the Police Reform
Act 2002 (power to provide for matters to be determined by Director
General of the Independent Office for Police Conduct) is treated as
included in Part 2 of that Act.


(3)

The Secretary of State may by regulations make such provision as the
Secretary of State thinks appropriate for the purpose of authorising—


(a)

the use of directed and intrusive surveillance, and


(b)

the conduct and use of covert human intelligence sources,


for the purposes of, or for purposes connected with, the carrying out
of the Service Police Complaints Commissioner’s functions.


(4)

Regulations under subsection (3) may, for the purposes of or in
connection with any such provision as is mentioned in subsection (3),
make amendments that the Secretary of State thinks appropriate to—


(a)

Parts 2 and 4 of the Regulation of Investigatory Powers Act
2000 (surveillance and covert human intelligence sources and
scrutiny of investigatory powers), and


(b)

Part 3 of the Police Act 1997 (authorisations in respect of
property).


(5)

Expressions used in this section and in Part 2 of the Regulation of
Investigatory Powers Act 2000 have the same meanings in this section
as in that Part.


340Q
Investigation of concerns raised by whistle-blowers


(1)

The Secretary of State may by regulations make, in relation to the
Service Police Complaints Commissioner and service police forces,
provision corresponding (with or without modifications) to any
provision of or made under Part 2B of the Police Reform Act 2002
(investigation of concerns raised by whistle-blowers).


(2)

For the purposes of this section, section 105(5) of the Police Reform
Act 2002 (power to provide for matters to be determined by Director
General of the Independent Office for Police Conduct) is treated as
included in Part 2B of that Act.


Super-complaints


340R
Power to make super-complaints


The Secretary of State may by regulations make, in relation to policing
by one or more than one service police force, provision corresponding
(with or without modifications) to any provision of or made under
Part 2A of the Police Reform Act 2002 (super-complaints).”

(4)

In section 373 (orders, regulations and rules), in subsection (3), after paragraph
(eb) insert—


“(ec)

the first regulations under each of sections 340P(1), 340Q and
340R,


(ed)

regulations under section 340P(3),”

(5)

Schedule 4 contains further provision about service police complaints,
misconduct etc.

Sentencing and rehabilitation

12 Power of commanding officer to award service detention: Royal Marines

(1)

Section 132 of AFA 2006 (punishments available to commanding officers) is
amended as follows.

(2)

In subsection (1), in row 1 of the table, in the third column—

(a)

after paragraph (a) insert—


“(aa)

corporal in the Royal Marines;”;

(b)

in paragraph (b), at the end insert “in any of Her Majesty’s military
forces”;

(c)

in paragraph (c), for “(but see” substitute “(see also”.

(3)

For subsection (1A) substitute—


“(1A)

In row 1 of the Table, in paragraph (c) of the entry in the third column,
in relation to the Royal Air Force Regiment, the reference to a corporal
is to be read as a reference to a lance corporal.”

(4)

Section 133 of AFA 2006 (detention: limits on powers) is amended as follows.

(5)

In subsection (2)—

(a)

after paragraph (a) insert—


“(aa)

corporal in the Royal Marines;”;

(b)

in paragraph (b), at the end insert “in any of Her Majesty’s military
forces”.

(6)

After subsection (2) insert—


“(2A)

 In relation to the Royal Air Force Regiment, the reference in subsection
(2)(c) to a corporal is to be read as a reference to a lance corporal.”

13 Deprivation orders

(1)

AFA 2006 is amended as follows.

(2)

In section 132(1) (punishments available to commanding officer), in the table,
after row 8 insert—


“9


a deprivation order (defined by
section 177B)


only if section 177C
permits”.

(3)

In section 164(1) (punishments available to Court Martial), in the table, after
row 12 insert—

“13

a deprivation order (defined by
section 177B)

only if section 177C
permits”.

(4)

After section 177A insert—


“Deprivation orders


177B
Deprivation orders: interpretation


(1)

A deprivation order is an order made under this Act which—


(a)

is made in respect of an offender for an offence, and


(b)

deprives the offender of any rights in the property to which
the order relates.


(2)

In sections 177C and 177E “the decision maker”, in relation to an
offender, means—


(a)

the court by which the person is convicted, or


(b)

the commanding officer who records a finding that the charge
has been proved.


(3)

Nothing in subsection (2) prevents section 376 from applying in relation
to this section and sections 177C to 177F.


177C
Deprivation order: availability


(1)

Where an offender is convicted of a service offence, the decision maker
may make a deprivation order relating to any property to which
subsection (2) applies.


(2)

This subsection applies to property which—


(a)

has been lawfully seized from the offender, or


(b)

was in the offender’s possession or under the offender’s control
when the offender was apprehended for, or charged with, the
offence,


if subsection (3) or (5) applies.


(3)

This subsection applies if the decision maker is satisfied that the
property—


(a)

has been used for the purpose of committing, or facilitating
the commission of, a service offence, or


(b)

was intended by the offender to be used for that purpose.


(4)

For the purposes of subsection (3), facilitating the commission of an
offence includes taking any steps after it has been committed for the
purpose of—


(a)

disposing of any property to which the offence relates, or


(b)

avoiding apprehension or detection.


(5)

This subsection applies if—


(a)

the offence mentioned in subsection (1), or


(b)

an offence which is taken into consideration by the decision
maker in determining the offender’s sentence,


consists of unlawful possession of the property.


(6)

Where a deprivation order is made, the property to which it relates
is to be taken into the possession of an appropriate authority (if it is
not already in the possession of such an authority).


(7)

In subsection (6) “appropriate authority” means—


(a)

a member of a service police force, or


(b)

if no service police force has been involved in the matter, the
offender’s commanding officer.


177D
Vehicle to be treated as used for purposes of certain offences


(1)

This section applies where a person —


(a)

commits an offence to which subsection (2) applies by driving,
attempting to drive, or being in charge of a vehicle, or


(b)

as the driver of a vehicle, commits an offence under section 42
as respects which the corresponding offence under the law of
England and Wales is an offence under section 170(4) of the
Road Traffic Act 1988 (duty to stop, report accident and give
information or documents).


(2)

This subsection applies to an offence under section 42 as respects
which the corresponding offence under the law of England and Wales
is—


(a)

an offence under the Road Traffic Act 1988 which is punishable
with imprisonment,


(b)

an offence of manslaughter, or


(c)

an offence under section 35 of the Offences Against the Person
Act 1861 (wanton and furious driving).


(3)

The vehicle is to be regarded for the purposes of section 177C(3) (and
section 94A(3)(b)(ii)) as used for the purpose of committing the offence
(including where it is committed by aiding, abetting, counselling or
procuring).


177E
Exercise of power to make deprivation order


(1)

In considering whether to make a deprivation order in respect of any
property, the decision maker must have regard to—


(a)

the value of the property, and


(b)

the likely financial and other effects on the offender of making
the order (taken together with any other order that the decision
maker contemplates making).


(2)

Where a deprivation order is available for an offence, the decision
maker may make such an order whether or not it deals with the
offender in any other way for the offence.


177F
Application of proceeds of property subject to deprivation order


(1)

This section applies where the Court Martial or the Service Civilian
Court makes a deprivation order in relation to any property and—


(a)

the offence was one which resulted in a person suffering
personal injury, loss or damage, or


(b)

any such offence is taken into consideration by the court in
determining sentence.


(2)

The court may also make an order that any proceeds which—


(a)

arise out of the disposal of the property, and


(b)

do not exceed a sum specified by the court,


are to be paid to the person.


(3)

A court may make an order under this section only if satisfied that,
but for the inadequacy of the offender's means, it would have made
a service compensation order under which the offender would have
been required to pay compensation of an amount not less than the
amount specified under subsection (2)(b).


(4)

 An order under this section has no effect—


(a)

before the end of the 6 month period mentioned in section
94A
(3) (a) , or


(b)

if a successful claim by a person claiming to be the owner of
the property has been made by virtue of section 94(2)(a).”

(5)

After section 94 (property in possession of service police or CO) insert—


“94A
Property subject to deprivation order: modification of section 94


(1)

This section applies to property to which a deprivation order relates
which is in the possession of—


(a)

a commanding officer, or


(b)

a member of a service police force,


by virtue of section 177C(6) (including any such property that was
already in the possession of the commanding officer or a member of
a service police force when the order was made).


(2)

Regulations under section 94(1) must ensure that a judicial authority
or a commanding officer may make an order by virtue of section
94(2)(a) or (b) (respectively) on an application which—


(a)

relates to property to which this section applies, and


(b)

is made by a person claiming to be the owner of the property,


only if the conditions in subsection (3) are met.


(3)

Those conditions are that—


(a)

the application is made before the end of the period of 6
months beginning with the day on which the deprivation order
is made, and


(b)

the claimant satisfies the judicial authority or the commanding
officer (as the case may be)—


(i)

that the claimant did not consent to the offender’s
possession of the property, or 


(ii)

if the deprivation order was made by virtue of
subsection (3) of section 177C (property used for the
purpose of offence etc), that the claimant did not know,
and had no reason to suspect, that the property was
likely to be used for a purpose mentioned in that
subsection.


(4)

Regulations under section 94(1) may enable a judicial authority or a
commanding officer to make any order for disposal of property to
which this section applies that the judicial authority or commanding
officer (as the case may be) thinks appropriate (but this is subject to
subsection (6) ).


(5)

In subsection (4) the reference to disposal includes disposal by way
of transferring the property into the ownership of the Secretary of
State; but regulations made by virtue of subsection (4) may not provide
for the Secretary of State to become the owner of property which is
the subject of an order under section 177F (application of proceeds of
property subject to deprivation order).


(6)

Subsection (4) applies only in relation to cases where no application
by virtue of section 94(2)(a) or (b) made during the 6 month period
mentioned in subsection (3) (a) by a person claiming to be the owner
of the property was successful.


(7)

In this section “judicial authority” means the Court Martial, the Service
Civilian Court or a judge advocate.”

(6)

In Schedule 3 (civilians etc: modifications of Court Martial sentencing
powers)—

(a)

in paragraph 1(1), in the table, after row 7 insert—


“8


a deprivation order (defined by
section 177B)


only if section 177C
permits”;

(b)

in paragraph 3(1), in the table, after row 10 insert—


“11


a deprivation order (defined by
section 177B)


only if section 177C
permits”.

14 Driving disqualification

(1)

AFA 2006 is amended as follows.

(2)

In section 164 (punishments available to Court Martial)—

(a)

in subsection (1), in the table, after row 13 (as inserted by section 13
above) insert—


“14


a driving disqualification order
(defined by section 177B)


only if subsection (5A)
permits”;

(b)

after subsection (5) insert—


“(5A)

The court may not make a driving disqualification order
unless—


(a)

the offence was committed on or after the
commencement of section 14 of the Armed Forces Act
2021, and


(b)

the court has been notified by the Secretary of State that
the power to make such orders is exercisable by the
court (and the notice has not been withdrawn).”

(3)

After section 177F (as inserted by section 13 above)—


“Driving disqualification orders


177G
Driving disqualification orders


A driving disqualification order is an order made under this Act in
respect of an offender that the offender is disqualified, for the period
specified in the order, for holding or obtaining—


(a)

a licence to drive a motor vehicle granted under Part 3 of the
Road Traffic Act 1988, and


(b)

a Northern Ireland licence (within the meaning of Part 3 of the
Road Traffic Act 1988).


177H
Driving disqualification: availability


Where a driving disqualification order is available to a court, the court
may make a driving disqualification order whether or not it also deals
with the offender for the offence in any other way.


177I
Disqualification period


(1)

Where a court makes a driving disqualification order in respect of an
offender for an offence, the disqualification period must be such period
as the court considers appropriate. But this is subject to sections 177J
and 177K.


(2)

The disqualification period, in relation to a driving disqualification
order made in respect of an offender, is the period specified in the
order as the period for which the offender is disqualified for holding
or obtaining a driving licence.


177J
Extension of disqualification where custodial sentence or service
detention also imposed


(1)

This section applies where a court—


(a)

imposes a custodial sentence or a sentence of service detention
on an offender for an offence, and


(b)

makes a driving disqualification order in respect of the offender
for the same offence.


(2)

But this section does not apply where the custodial sentence or
sentence of service detention (as the case may be) is—


(a)

a suspended sentence of imprisonment,


(b)

a suspended sentence of service detention, or


(c)

a life sentence in relation to which the court makes a whole
life order under section 321(3) of the Sentencing Code (life
sentence: minimum term order or whole life order) by virtue
of section 261A of this Act (life sentences: further provision).


(3)

The disqualification period must be—


(a)

the discretionary disqualification period, and


(b)

the appropriate extension period.


(4)

The discretionary disqualification period is the period which the court
would, in the absence of this section, have specified in the driving
disqualification order.


(5)

The appropriate extension period for a sentence specified in column
2 is equal to the period calculated in accordance with column 3—


Row


Sentence


Length of appropriate
extension period


1


a detention and training order
under section 211 (offenders under
18: detention and training orders)


half the term of the
detention and training
order


2


a sentence of detention under
section 224B (special sentence of
detention for terrorist offenders of
particular concern)


two-thirds of the term
imposed pursuant to
section 252A(5) of the
Sentencing Code by virtue
of section 224B(4) of this
Act (the appropriate
custodial term)


3


an extended sentence of detention
under section 254 of the Sentencing
Code by virtue of section 221A of
this Act (extended sentence for
certain violent, sexual or terrorism
offenders aged under 18)


two-thirds of the term
imposed pursuant to
section 254(a) of the
Sentencing Code (the
appropriate custodial
term)


4


a sentence of detention in a young
offender institution to which
subsections (2) and (3) of section
265 of the Sentencing Code
apply by virtue of section 224A of
this Act (special custodial sentence
for certain offenders of particular
concern)


two-thirds of the term
imposed pursuant to
section 265(2)(a) of the
Sentencing Code (the
appropriate custodial
term)


5


an extended sentence of detention
in a young offender institution
under section 266 of the Sentencing
Code by virtue of section 219A of
this Act (extended sentence for
certain violent, sexual or terrorism
offenders aged 18 or over)


two-thirds of the term
imposed pursuant to
section 266(a) of the
Sentencing Code (the
appropriate custodial
term)


6


a serious terrorism sentence of
detention in a young offender
institution under section 268A of
the Sentencing Code by virtue of
section 219ZA of this Act (serious
terrorism sentences)


the term imposed
pursuant to section
268C(2) of the Sentencing
Code (the appropriate
custodial term)


7


a sentence of imprisonment to
which subsections (2) and (3) of
section 278 of the Sentencing Code
apply by virtue of section 224A of
this Act (special custodial sentence
for certain offenders of particular
concern)


two-thirds of the term
imposed pursuant to
section 278(2)(a) of the
Sentencing Code (the
appropriate custodial
term)


8


an extended sentence of
imprisonment under section 279 of
the Sentencing Code by virtue
of section 219A of this Act
(extended sentence for certain
violent, sexual or terrorism
offenders aged 18 or over)


two-thirds of the term
imposed pursuant to
section 279(a) of the
Sentencing Code (the
appropriate custodial
term)


9


a serious terrorism sentence of
imprisonment under section 282A
of the Sentencing Code by virtue
of section 219ZA of this Act
(serious terrorism sentences)


the term imposed
pursuant to section
282C(2) of the Sentencing
Code (the appropriate
custodial term)


10


a custodial sentence in respect of
which section 244ZA of the
Criminal Justice Act 2003 applies
to the offender


two-thirds of the sentence


11


a custodial sentence not within any
of the preceding entries in respect
of which section 247A of the
Criminal Justice Act 2003 applies
to the offender


two-thirds of the sentence


12


a life sentence in relation to which
a minimum term order is made
under section 321 of the Sentencing
Code by virtue of section 261A of
this Act (life sentences: further
provision)


the term specified in the
minimum term order


13


service detention


half the term of detention
imposed


14


any other case


half the custodial sentence
imposed.


(6)

In the case of a sentence specified in entry 3, 5 or 8 of column 2 in
the table which is within section 247A(2A) of the Criminal Justice Act
2003, the corresponding entry in column 3 of the table is to be read
with the omission of “two-thirds of”.


(7)

Any period determined under subsection (5) which includes a fraction
of a day must be rounded up to the nearest number of whole days.


(8)

Where—


(a)

an order (“the amending order”) is made under section 267 of
the Criminal Justice Act 2003 (alteration by order of relevant
proportion of sentence), and


(b)

the amending order provides that the proportion of a custodial
sentence for the time being referred to in section 243A(3)(a) or
244(3)(a) of that Act (release of prisoners in certain
circumstances) is to be read as a reference to another proportion
(the “new proportion”),


the Secretary of State may by regulations provide that the table in
subsection (5) is to be read as if, in relation to such a sentence, entry
14 specified the new proportion.


177K
Effect of custodial sentence or service detention in other cases


(1)

This section applies where a court makes a driving disqualification
order in respect of an offender for an offence, and—


(a)

it imposes a custodial sentence or a sentence of service
detention (other than a suspended sentence) on the offender
for another offence, or


(b)

a custodial sentence or a sentence of service detention
previously imposed on the offender has not expired.


(2)

In determining the disqualification period, the court must, so far as it
is appropriate to do so, have regard to the diminished effect of
disqualification as a distinct punishment if the person who is
disqualified is also detained in pursuance of a custodial sentence or
a sentence of service detention.


(3)

But the court may not take into account for this purpose any custodial
sentence or sentence of service detention that it imposes on the offender
for the offence.


177L
Requirement to produce licences where driving disqualification order
made


A court which makes a driving disqualification order in respect of an
offender must require the offender to produce any (and, if more than
one, all) of the following held by the offender—


(a)

a licence to drive a motor vehicle granted under Part 3 of the
Road Traffic Act 1988;


(b)

a Northern Ireland licence (within the meaning of Part 3 of the
Road Traffic Act 1988);


(c)

a Community licence (within the meaning of Part 3 of the Road
Traffic Act 1988).


177M
Driving disqualification: power to make equivalent provision to Road
Traffic Offenders Act 1988


(1)

The Secretary of State may by regulations make provision in relation
to driving disqualification orders which is equivalent to that made by
a relevant provision, subject to such modifications as the Secretary of
State considers appropriate.


(2)

In this section, “relevant provision” means any of the following
provisions of the Road Traffic Offenders Act 1988—


(a)

section 37 (effect of order of disqualification);


(b)

section 39 (suspension of disqualification pending appeal);


(c)

section 40 (power of appellate courts to suspend
disqualification);


(d)

section 42 (removal of disqualification);


(e)

section 43 (rule for determining end of period of
disqualification);


(f)

section 47 (supplementary provisions);


(g)

section 48 (exemption from disqualification in certain cases).”

(4)

In section 373 (orders, regulations and rules)—

(a)

in subsection (3)(d), after “93AA(2),” insert “177J(7),”;

(b)

in subsection (5) , at the beginning insert “Except for regulations made
under section 177J (7) ,”;

(c)

after subsection (5) insert—


“(5A)

Regulations made under section 177J(7) may contain
transitional, transitory and saving provision.”

(5)

In Schedule 3 (civilians etc: modifications of Court Martial sentencing
powers)—

(a)

in paragraph 1(1), in the table, after row 8 (as inserted by section 13
above) insert—

“9

a driving disqualification order
(defined by section 177G)

only if subsection (5A)
permits”;

(b)

in paragraph 3(1), in the table, after row 11 (as inserted by section 13
above) insert—

“12

a driving disqualification order
(defined by section 177G)

only if subsection (5A)
permits”.

15 Deprivation and driving disqualification orders: minor and consequential amendments


Schedule 5
to this Act contains amendments that are consequential on, or
otherwise connected with, sections 13 and 14 .

16 Removal of requirement to take into account offences in member States

(1)

AFA 2006 is amended as follows.

(2)

In section 238 (deciding the seriousness of an offence)—

(a)

in subsection (3)—

(i)

in paragraph (a) at the end insert “or”;

(ii)

omit paragraphs (c) and (d);

(b)

for subsection (4) substitute—


“(4)

Nothing in this section prevents the court or officer from
treating a previous conviction by a court outside the British
Islands as an aggravating factor in any case where the court
or officer considers it appropriate to do so.”;

(c)

omit subsection (5).

(3)

In section 263 (restriction on imposing custodial sentence or service detention
on unrepresented offender)—

(a)

in subsection (2)(b) omit the words from “, or sentenced to detention”
to the end;

(b)

in subsection (6) omit paragraphs (c) and (d).

(4)

In section 270A (exception to restrictions on community punishments)—

(a)

in subsection (3)—

(i)

in paragraph (a) omit “, or member State service offence,” and
at the end insert “or”;

(ii)

in paragraph (b) omit “or”;

(iii)

omit paragraph (c);

(b)

omit subsection (8).

(5)

In section 415 of the Sentencing Act 2020 (armed forces provisions: extent to
Channel Islands, Isle of Man and British overseas territories), after subsection
(6) insert—


“(7)

In subsection (6) references to this Act include this Act as amended
by the Taking Account of Convictions (EU Exit) (Amendment)
Regulations 2020 (S.I. 2020/1520).”

17 Rehabilitation periods: England and Wales


In section 5 of the Rehabilitation of Offenders Act 1974 (rehabilitation periods
for particular sentences), in the Table in subsection (2)(b), after the fifth entry
insert—


“A severe
reprimand or
reprimand under
the Armed Forces
Act 2006


The end of the period of
12 months beginning with
the date of the conviction
in respect of which the
sentence is imposed


The end of the period of 6
months beginning with the
date of the conviction in
respect of which the
sentence is imposed”.

Posthumous pardons

18 Posthumous pardons in relation to certain abolished service offences

(1)

Section 164 of the Policing and Crime Act 2017 (posthumous pardons for
convictions etc of certain abolished offences: England and Wales) is amended
as follows.

(2)

In subsection (5)—

(a)

after paragraph (a) insert—


“(aa)

section 41 of the Army Discipline and Regulation Act
1879;”

(b)

after paragraph (f) insert—


“(g)

Article 2 of Section 20 of the Articles of War of 1749
(offences triable by courts martial outside Great Britain);


(h)

Article 93 of Section 2 of the Articles of War of 1876
(offences not specified in Marine Mutiny Act or Articles
of War);


(i)

any provision corresponding to the provision mentioned
in paragraph (g) or (h), contained in other relevant
Articles of War.”

(3)

In subsection (8)—

(a)

at the end of paragraph (b) omit “or”;

(b)

after paragraph (b) insert—


“(ba)

any enactment mentioned in subsection (5)(g) to (i);”

(c)

at the end of paragraph (c) insert “, or”;

(d)

after paragraph (c) insert—


“(d)

the Army Discipline and Regulation Act 1879.”

(4)

After subsection (9) insert—


“(10)

In this section—


the Articles of War of 1749
means the Rules and Articles for
the better government of His Majesty’s horse and foot guards
(etc.), made under 23 Geo. 2 c. 4 (1749) (an Act for punishing
mutiny and desertion; and for the better payment of the army
and their quarters);


the Articles of War of 1876
means the Rules and Articles (etc.)
for the better government of Her Majesty’s royal marine forces,
made under the Marine Mutiny Act 1876;


enactment
includes an enactment contained in subordinate
legislation (within the meaning of the Interpretation Act 1978);


relevant Articles of War
means Articles of War made under—


(a)

the Mutiny Act 1878,


(b)

the Marine Mutiny Act 1878, or


(c)

any Act previously in force corresponding to either of
those Acts.”

Miscellaneous

19 Power of British overseas territories to apply AFA 2006 etc

(1)

In section 357 of AFA 2006 (power of British overseas territory to apply Act,
etc), after paragraph (b) insert—


“and in particular nothing prevents a law of a British overseas territory
to which this section does not extend applying provisions of this Act
in reliance on paragraph (b).”

(2)

Subsection (1) has effect in relation to a law of a British overseas territory,
whenever passed or made.

20 Time limit for appeals in respect of war pensions: Scotland and Northern Ireland


In section 8 of the Pensions Appeal Tribunals Act 1943 (time limit for appeals),
for subsection (5) substitute—


“(5)

The Minister may by regulations make provision in relation to cases
where the notice of an appeal is given up to 12 months after the expiry
of the time limit specified in subsection (1) or (3).


(6)

Regulations under subsection (5) may—


(a)

provide for the notice of appeal to be treated as having been
given in time if conditions specified in the regulations are
satisfied, and


(b)

where the notice of appeal is not so treated, confer power on
a Pensions Appeal Tribunal for Scotland or Northern Ireland to
allow the appeal to be brought.”

21 Minor amendments

(1)

AFA 2006 is amended as follows.

(2)

In section 61(1) (sections 55 to 60: exceptions to time limits for charging and
interpretation) for “section 120 or 122” substitute “any of sections 120 to 122”.

(3)

In section 373(3) (orders, regulations and rules: affirmative procedure) after
“A statutory instrument containing” insert “(whether alone or with other
provision)”.

General

22 Meaning of “AFA 2006”


In this Act “AFA 2006” means the Armed Forces Act 2006.

23 Commencement and transitional provision

(1)

The provisions of this Act come into force on such day as the Secretary of
State may appoint by regulations, subject to subsections (2) , (4) and (3) .

(2)

The following come into force on the day on which this Act is passed—

(a)

sections 1 , 16 (5) , 19 and 21 (3) (and section 21 (1), so far as relating to
section 21 (3) ), and

(b)

section 22 , this section and sections 24 to 26 .

(3)

Sections 18 and 21 (2) (and section 21 (1), so far as relating to section 21 (2)
) come into force at the end of the period of two months beginning with the
day on which this Act is passed.

(4)

The Secretary of State may by regulations make transitional, transitory or
saving provision in connection with the coming into force of a provision of
this Act.

(5)

Regulations under this section

(a)

are to be made by statutory instrument, and

(b)

may make different provision for different purposes.

24 Extent in the United Kingdom

(1)

This Act extends to England and Wales, Scotland and Northern Ireland, subject
to subsections (2) to (4).

(2)

Paragraph 1 of Schedule 4 , so far as it inserts paragraph 1 of Schedule 14A
to AFA 2006 (status of Service Police Complaints Commissioner as a
corporation sole), extends in the United Kingdom to England and Wales and
Northern Ireland only.

(3)

The amendments made by the following provisions have the same extent in
the United Kingdom as the provisions to which they relate—

(a)

(b)

section 10 (6) and Schedule 3 ;

(c)

section 16 (5) ;

(d)

section 18 ;

(e)

section 20 ;

(f)

paragraphs 1 to 6 of Schedule 2 (and section 9 (15) , so far as it relates
to those paragraphs);

(g)

paragraphs 2 to 8 of Schedule 4 (and section 11 (4) , so far as it relates
to those paragraphs);

(h)

paragraphs 4 to 6 of Schedule 5 (and section 15 , so far as it relates to
those paragraphs).

(4)

Section 17 extends to England and Wales only.

25 Extent in the Channel Islands, Isle of Man and British overseas territories

(1)

The power under section 384(1) of AFA 2006 may be exercised so as to extend
to any of the Channel Islands any amendment or repeal made by this Act of
a provision of AFA 2006 (with or without modifications).

(2)

This Act, with the exception of the provisions mentioned in subsection (3) ,
extends to—

(a)

the Isle of Man, and

(b)

the British overseas territories, except Gibraltar.

(3)

Subsection (2) refers to—

(a)

section 9(1) to (14) ,

(b)

section 10 (6) and Schedule 3 ,

(c)

section 16 (5) ,

(d)

section 17 ,

(e)

section 18 ,

(f)

section 20 ,

(g)

paragraphs 1 to 6 of Schedule 2 (and section 9 (15) , so far as it relates
to those paragraphs),

(h)

paragraphs 2 to 8 of Schedule 4 (and section 11 (4) , so far as it relates
to those paragraphs), and

(i)

paragraphs 4 to 6 of Schedule 5 (and section 15 , so far as it relates to
those paragraphs).

(4)

The power under section 384(2) of AFA 2006 may be exercised so as to modify
any provision of AFA 2006, as amended by this Act, as it extends to the Isle
of Man or a British overseas territory other than Gibraltar.

(5)

The power under section 132(3) of the Reserve Forces Act 1996 may be
exercised so as to extend to any of the Channel Islands or the Isle of Man
any amendment or repeal made by this Act of a provision of that Act (with
or without modifications).

26 Short title


This Act may be cited as the Armed Forces Act 2021.

Schedules

Schedule 1 Constitution of the Court Martial

Number and rank of the lay members

1

(1)

Section 155 of AFA 2006 (constitution of the Court Martial) is amended as
follows.

(2)

In subsection (1)(b), for “at least three but not more than five” substitute
“three or, in the case of proceedings of a prescribed description, six”.

(3)

In subsection (2), omit paragraph (a) (together with the final “or”).

(4)

In subsection (3)(a), for “or warrant officers” substitute “, warrant officers
or OR-7 ranks”.

(5)

After subsection (6) insert—


“(6A)

Court Martial rules may provide that in prescribed circumstances
the Court Martial is to remain validly constituted despite the
reduction of the number of lay members from six to five, if a judge
advocate gives a direction to that effect.”

(6)

Omit subsections (7) and (8).

(7)

For subsection (9) substitute—


“(9)

In this section—


OR-7 rank
means any of the following—


(a)

chief petty officer;


(b)

staff corporal;


(c)

staff sergeant;


(d)

colour sergeant, Royal Marines;


(e)

flight sergeant;


(f)

chief technician;


prescribed
means prescribed by Court Martial rules.”

2

(1)

Section 156  of AFA 2006 (officers and warrant officers qualified for
membership of the Court Martial) is amended as follows.

(2)

In the heading, for “and warrant officers” substitute “etc”.

(3)

In subsection (1), for “or warrant officer” substitute “, warrant officer or
OR-7 rank”.

(4)

After subsection (3) insert—


“(3A)

An OR-7 rank is not qualified for membership of the court if that
person is an acting—


(a)

chief petty officer,


(b)

staff corporal,


(c)

staff sergeant,


(d)

colour sergeant, Royal Marines,


(e)

flight sergeant, or


(f)

chief technician.”

(5)

In subsection (4), in the words before paragraph (a), for “or warrant officer”
substitute “, warrant officer or OR-7 rank”.

(6)

At the end insert—


“(6)

In this section “OR-7 rank” has the meaning given by section 155(9).”

3

(1)

Section 157 of AFA 2006 (officers and warrant officers ineligible for
membership in particular circumstances) is amended as follows.

(2)

In the heading, for “and warrant officers” substitute “etc”.

(3)

In subsection (2), after “warrant officer” insert “or OR-7 rank”.

(4)

In subsection (4), for “or warrant officer” substitute “, warrant officer or
OR-7 rank”.

(5)

At the end insert—


“(5)

In this section “OR-7 rank” has the meaning given by section 155(9).”

Findings and sentence

4

(1)

Section 160 of AFA 2006 (decisions of Court Martial: finding and sentence)
is amended as follows.

(2)

Before subsection (1) insert—


“(A1)

The finding of the Court Martial on a charge must be determined
by votes of the members of the Court Martial other than the judge
advocate (the “lay members”) and—


(a)

where there are three lay members, must be a finding with
which no fewer than two of them agree;


(b)

where there are five lay members, must be a finding with
which no fewer than four of them agree;


(c)

where there are six lay members, must be a finding with
which no fewer than five of them agree.”

(3)

In subsection (1), for the words from “the following” to “passed by it,”
substitute “subsection (4), any sentence passed by the Court Martial”.

(4)

Omit subsections (2) and (3).

Schedule 2

Section 9

Reserve forces: flexibility of commitments

Part 1 Consequential amendments

Reserve Forces Act 1996

1

The Reserve Forces Act 1996 is amended as follows.

2

(1)

Section 17 (postponement of discharge) is amended as follows.

(2)

In subsection (1), for “full-time service under a full-time service
commitment” substitute “service under a continuous service commitment”.

(3)

In subsection (2), for “full-time service under a full-time service
commitment” substitute “service under a continuous service commitment”.

(4)

In subsection (4), for “full-time service under a full-time service
commitment” substitute “service under a continuous service commitment”.

3

(1)

Section 26 (parliamentary control of commitments) is amended as follows.

(2)

In subsection (1)(a), omit “full-time” in the first place it occurs, and for
“full-time” in the second place it occurs substitute “continuous”.

(3)

In subsection (2), for “full-time service” substitute “service under continuous
service commitments”.

(4)

In subsection (3), for “full-time service” substitute “service under continuous
service commitments”.

4

(1)

Section 97 (failure to attend for duty or training) is amended as follows.

(2)

In subsection (1)—

(a)

in the words before paragraph (a), for “full-time” substitute
“continuous”;

(b)

in paragraph (a), for “full-time”, in the first place it occurs, substitute
“continuous”, and omit “full-time” in the second place it occurs.

5

In subsection (1) of section 127 (interpretation)—

(a)

omit the definition of “full-time service commitment”, and

(b)

at the appropriate place, insert—

““
continuous service commitment
means a commitment under
section 24;”.

6

In Schedule 9 (application of Act to members of transitional classes), in
paragraph 11, in the words before sub-paragraph (a), for “full-time”
substitute “continuous”.

Armed Forces Act 2006

7

The Armed Forces Act 2006 is amended as follows.

8

In section 62 (time limit for charging Reserve Forces Act offences)—

(a)

in subsection (3)(c)(ii), for “full-time service” substitute “service
under a continuous service commitment”;

(b)

for paragraph (d) of subsection (3) substitute—


“(d)

“continuous service commitment” has the same
meaning as in the Reserve Forces Act 1996 (see
section 127(1) of that Act).”

9

In section 367 (persons subject to service law: regular and reserve forces),
in subsection (2)(c)—

(a)

omit “full-time”;

(b)

at the end insert “(continuous service commitment)”.

Part 2 Transitional provision

10

Regulations under section 23(4) may provide that any provision of section
9 or Part 1 of this Schedule is to have effect in relation to commitments
under section 24 or 25 of the Reserve Forces Act 1996 entered into before
section 9 comes into force.

Schedule 3

Section 10

Service complaints appeals

Equal Pay Act (Northern Ireland) 1970

1

In section 6A of the Equal Pay Act (Northern Ireland) 1970 (c. 32 (N.I.))
(service pay and conditions), in subsection (5A)—

(a)

omit “and” at the end of paragraph (a);

(b)

after paragraph (a) insert—


“(aa)

there are grounds (of which the claimant is aware)
on which the claimant is entitled to bring such an
appeal, and;”

(c)

in paragraph (b)(i) for “340D(6)” substitute “340D(6)(a)”.

Sex Discrimination (Northern Ireland) Order 1976

2

In Article 82 of the Sex Discrimination (Northern Ireland) Order 1976 (S.I.
1976/1042 (N.I. 15)) (application to Crown), in paragraph (9BA)—

(a)

omit “and” at the end of sub-paragraph (a);

(b)

after sub-paragraph (a) insert—


“(aa)

there are grounds (of which the complainant is aware)
on which the complainant is entitled to bring such
an appeal, and;”

(c)

in paragraph (b)(i) for “340D(6)” substitute “340D(6)(a)”.

Race Relations (Northern Ireland) Order 1997

3

In Article 71 of the Race Relations (Northern Ireland) Order 1997 (S.I.
1997/869 (N.I. 6)) (application to Crown etc), in paragraph (8A)—

(a)

omit “and” at the end of sub-paragraph (a);

(b)

after sub-paragraph (a) insert—


“(aa)

there are grounds (of which the complainant is aware)
on which the complainant is entitled to bring such
an appeal, and;”

(c)

in paragraph (b)(i) for “340D(6)” substitute “340D(6)(a)”.

Working Time Regulations 1998

4

In regulation 38 of the Working Time Regulations 1998 (S.I. 1998/1833)
(armed forces)—

(a)

in paragraph (2), for sub-paragraph (a) substitute—


“(a)

that person (“the complainant”) has made a service
complaint in respect of the same matter, and”;

(b)

for paragraph (3) substitute—


“(3)

Where the service complaint is dealt with by a person or
panel appointed by the Defence Council by virtue of section
340C(1)(a) of the Armed Forces Act 2006, it is to be treated
for the purposes of paragraph (2)(b) as withdrawn if—


(a)

the period allowed in accordance with service
complaints regulations for bringing an appeal against
the person’s or panel’s decision expires,


(b)

there are grounds (of which the complainant is aware)
on which the complainant is entitled to bring such
an appeal, and


(c)

either—


(i)

the complainant does not apply to the Service
Complaints Ombudsman for a review by
virtue of section 340D(6)(a) of the Armed
Forces Act 2006 (review of decision that
appeal brought out of time cannot proceed),
or


(ii)

the complainant does apply for such a review
and the Ombudsman decides that an appeal
against the person’s or panel’s decision cannot
be proceeded with.”;

(c)

in paragraph (4), for “service redress procedures” substitute
“procedures set out in service complaints regulations”;

(d)

for paragraph (5) substitute—


“(5)

In this regulation—


service complaint
means a complaint under section
340A of the Armed Forces Act 2006;


service complaints regulations
means regulations made
under section 340B(1) of that Act.”

Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000

5

In regulation 13 of the Part-time Workers (Prevention of Less Favourable
Treatment) Regulations 2000 (S.I. 2000/1551) (armed forces)—

(a)

in paragraph (3), for sub-paragraph (a) substitute—


“(a)

that person (“the complainant”) has made a service
complaint in respect of the same matter, and”;

(b)

for paragraph (4) substitute—


“(4)

Where the service complaint is dealt with by a person or
panel appointed by the Defence Council by virtue of section
340C(1)(a) of the Armed Forces Act 2006, it is to be treated
for the purposes of paragraph (3)(b) as withdrawn if—


(a)

the period allowed in accordance with service
complaints regulations for bringing an appeal against
the person’s or panel’s decision expires,


(b)

there are grounds (of which the complainant is aware)
on which the complainant is entitled to bring such
an appeal, and


(c)

either—


(i)

the complainant does not apply to the Service
Complaints Ombudsman for a review by
virtue of section 340D(6)(a) of the Armed
Forces Act 2006 (review of decision that
appeal brought out of time cannot proceed),
or


(ii)

the complainant does apply for such a review
and the Ombudsman decides that an appeal
against the person’s or panel’s decision cannot
be proceeded with.”;

(c)

in paragraph (5), for “service redress procedures” substitute
“procedures set out in service complaints regulations”;

(d)

for paragraph (6) substitute—


“(6)

In this regulation—


service complaint
means a complaint under section
340A of the Armed Forces Act 2006;


service complaints regulations
means regulations made
under section 340B(1) of that Act.”

Part-time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000

6

In regulation 13 of the Part-time Workers (Prevention of Less Favourable
Treatment) Regulations (Northern Ireland) 2000 (S.R. (N.I.) 2000 No. 219)
(armed forces)—

(a)

in paragraph (3), for sub-paragraph (a) substitute—


“(a)

that person (“the complainant”) has made a service
complaint in respect of the same matter, and”;

(b)

for paragraph (4) substitute—


“(4)

Where the service complaint is dealt with by a person or
panel appointed by the Defence Council by virtue of section
340C(1)(a) of the Armed Forces Act 2006, it is to be treated
for the purposes of paragraph (3)(b) as withdrawn if—


(a)

the period allowed in accordance with service
complaints regulations for bringing an appeal against
the person’s or panel’s decision expires,


(b)

there are grounds (of which the complainant is aware)
on which the complainant is entitled to bring such
an appeal, and


(c)

either—


(i)

the complainant does not apply to the Service
Complaints Ombudsman for a review by
virtue of section 340D(6)(a) of the Armed
Forces Act 2006 (review of decision that
appeal brought out of time cannot proceed),
or


(ii)

the complainant does apply for such a review
and the Ombudsman decides that an appeal
against the person’s or panel’s decision cannot
be proceeded with.”;

(c)

in paragraph (5), for “service redress procedures” substitute
“procedures set out in service complaints regulations”;

(d)

for paragraph (6) substitute—


“(6)

In this regulation—


service complaint
means a complaint under section
340A of the Armed Forces Act 2006;


service complaints regulations
means regulations made
under section 340B(1) of that Act.”

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

7

In regulation 43 of the Employment Equality (Sexual Orientation)
Regulations (Northern Ireland) 2003 (S.R. (N.I.) 2003/497)—

(a)

in paragraph (7), for sub-paragraph (a) substitute—


“(a)

the complainant has made a service complaint about
the matter; and”;

(b)

for paragraph (8) substitute—


“(8)

Where the service complaint is dealt with by a person or
panel appointed by the Defence Council by virtue of section
340C(1)(a) of the Armed Forces Act 2006, it is to be treated
for the purposes of paragraph (7)(b) as withdrawn if—


(a)

the period allowed in accordance with service
complaints regulations for bringing an appeal against
the person's or panel's decision expires;


(b)

there are grounds (of which the complainant is aware)
on which the complainant is entitled to bring such
an appeal; and


(c)

either—


(i)

the complainant does not apply to the Service
Complaints Ombudsman for a review by
virtue of section 340D(6) of the Armed Forces
Act 2006 (review of decision that appeal
brought out of time cannot proceed); or


(ii)

the complainant does apply for such a review
and the Ombudsman decides that an appeal
against the person's or panel's decision cannot
be proceeded with.”;

(c)

in paragraph (9), for “service redress procedures” substitute
“procedures set out in service complaints regulations”;

(d)

in paragraph (10)—

(i)

for the definition of “the service redress procedures”
substitute—

““
service complaint
means a complaint under section
340A of the Armed Forces Act 2006;”;

(ii)

after the definition of “service complaint” (as substituted by
sub-paragraph (i)) insert—

““
service complaints regulations
means regulations made
under section 340B(1) of the Armed Forces Act 2006;
and”.

Equality Act 2010

8

In section 121 of the Equality Act 2010 (armed forces cases), in subsection
(2)—

(a)

omit “and” at the end of paragraph (a);

(b)

after paragraph (a) insert—


“(aa)

there are grounds (of which the complainant is aware)
on which the complainant is entitled to bring such
an appeal, and;”

(c)

in paragraph (b)(i) for “340D(6)” substitute "340D(6)(a)”.

Working Time Regulations (Northern Ireland) 2016

9

In regulation 49 of the Working Time Regulations (Northern Ireland) 2016
(S.R. (N.I.) 2016 No. 49) (armed forces)—

(a)

in paragraph (2), for sub-paragraph (a) substitute—


“(a)

that person (“the complainant”) has made a service
complaint in respect of the same matter, and”;

(b)

for paragraph (3) substitute—


“(3)

Where the service complaint is dealt with by a person or
panel appointed by the Defence Council by virtue of section
340C(1)(a) of the Armed Forces Act 2006, it is to be treated
for the purposes of paragraph (2)(b) as withdrawn if—


(a)

the period allowed in accordance with service
complaints regulations for bringing an appeal against
the person’s or panel’s decision expires,


(b)

there are grounds (of which the complainant is aware)
on which the complainant is entitled to bring such
an appeal, and