Решение № 2/17 Форума по сотрудничеству в области безопасности
For section 382 of AFA 2006 (duration of AFA 2006) substitute—
In consequence of subsection (1), omit section 1 of the Armed Forces Act 2016.
Schedule 1 contains provisions about the constitution of the Court Martial.
In paragraph (c) of section 362 of AFA 2006 (judge advocates), after “Wales”, in the first place it occurs, insert “, or a Circuit judge,”.
Section 153 of AFA 2006 (summary hearings etc rules) is amended in accordance with subsections (2) to (4).
After subsection (1) insert—
After subsection (2) insert—
In subsection (3)—
the text from ““prescribed”” to the end becomes paragraph (a);
after paragraph (a) insert—
In section 152 of AFA 2006 (review of summary findings and punishments), after subsection (2) insert—
Section 151 of AFA 2006 (SAC rules) is amended as follows.
In subsection (3), after paragraph (g) insert—.
After subsection (5) insert—
In section 288 of AFA 2006 (SCC rules)—
in subsection (3), after paragraph (e) insert—;
after subsection (6) insert—
In Part 13 of AFA 2006, after Chapter 3 insert—
AFA 2006 is amended as follows.
In the heading of Part 16A, omit “Report”.
After section 343A insert—
In section 343B (interpretation of Part 16A)—
in subsection (1), in the words before paragraph (a), for “section 343A” substitute “this Part”;
subsection (4) is amended as follows—
in the definition of “relevant family members”, after “means” insert “such persons as may be prescribed, and for the purposes of section 343A also includes”;
at the appropriate place insert—;
after subsection (4) insert—
In section 373 (orders, regulations and rules), in subsection (3), after paragraph (ed) (inserted by section 11) insert—.
Section 24 of the Reserve Forces Act 1996 (commitments to a period of full-time service) is amended as follows.
In the heading, omit “full-time”.
In subsection (1)—
omit “(a “full-time service commitment”)”;
omit “full-time” in the second place it occurs.
After subsection (1) insert—
In subsection (2)—
in paragraph (a), omit “full-time” in each place it occurs;
in paragraph (c), for “full-time service” substitute “service under the commitment”.
In subsection (3)—
in the words before paragraph (a), for “full-time service commitment” substitute “commitment under this section”;
in paragraph (a), for “full-time service” substitute “service under the commitment”;
after paragraph (a) insert—.
In subsection (4)—
in the words before paragraph (a), for “full-time service” substitute “service under a commitment under this section”;
in paragraph (a), omit “concerned”.
In subsection (5)—
in the words before paragraph (a), for “full-time service commitment” substitute “commitment under this section”;
in paragraph (b), omit “full-time”;
in paragraph (c), omit “full-time”.
In subsection (6), for “full-time service” substitute “service under a commitment under this section”.
In subsection (7)—
in the words before paragraph (a), for “full-time service” substitute “service under a commitment under this section”;
in paragraph (a), for “full-time service” substitute “service under the commitment”;
in paragraph (b)—
omit “full-time” in the first place it occurs;
after “by him” insert “under the commitment”;
for “full-time service” in the second place it occurs, substitute “service under the commitment”.
In subsection (8), for “full-time service” substitute “service under a commitment under this section”.
In subsection (9), for “full-time service” substitute “service under a commitment under this section”.
In subsection (10), omit the definition of “full-time service”.
In section 25 of the Reserve Forces Act 1996 (additional duties commitment), after subsection (2) insert—
Schedule 2 contains—
amendments that are consequential on or otherwise connected with this section, and
transitional provision.
Part 14A of AFA 2006 (redress of service complaints) is amended as follows.
Section 340D (appeals) is amended as follows.
In subsection (2)—
after paragraph (a) insert—;
after paragraph (c) insert—.
In subsection (3), for “six” substitute “two”.
In subsection (6)—
after paragraph (a) insert—;
in paragraph (b) for “such a review,” substitute “a review such as is mentioned in paragraph (a) or (aa),”.
Section 340H (ombudsman investigations) is amended as follows.
After subsection (5) insert—
In subsection (9)—
in the words before paragraph (a), for “six” substitute “two”;
for the words from “date” to the end substitute “relevant date (see subsection (9A))”.
After subsection (9) insert—
Schedule 3 contains amendments consequential on this section.
AFA 2006 is amended as follows.
In Part 18, after section 365B insert—
After Part 14A insert—
In section 373 (orders, regulations and rules), in subsection (3), after paragraph (eb) insert—.
Schedule 4 contains further provision about service police complaints, misconduct etc.
AFA 2006 is amended as follows.
In section 365A (Provost Marshals: appointment), in subsection (1), after “force” insert “, or to be Provost Marshal for serious crime,”.
In section 115A (Provost Marshal’s duty in relation to independence of investigations)—
in subsection (1), for “This section” substitute “Subsection (2)”;
after subsection (2) insert—;
in subsection (3), at the end insert “or (as the case may be) the unit.”
In section 375 (definitions relating to police forces)—
in the heading, after “to” insert “the service police and other”;
after subsection (1) insert—
Schedule 5 makes further provision about the tri-service serious crime unit and the Provost Marshal for serious crime.
The Secretary of State may by regulations made by statutory instrument make such provision amending or revoking any provision of subordinate legislation made before the passing of this Act as appears to the Secretary of State to be appropriate in consequence of any provision of this section or Schedule 5.
Regulations under subsection (6) may include transitional provisions or savings.
A statutory instrument containing regulations under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.
In subsection (6) “subordinate legislation” means—
subordinate legislation within the meaning of the Interpretation Act 1978,
an instrument made under an Act of the Scottish Parliament, or
an instrument made under Northern Ireland legislation.
Section 132 of AFA 2006 (punishments available to commanding officers) is amended as follows.
In subsection (1), in row 1 of the table, in the third column—
corporal in the Royal Marines;
in paragraph (b), at the end insert “in any of Her Majesty’s military forces”;
in paragraph (c), for “(but see” substitute “(see also”.
For subsection (1A) substitute—
Section 133 of AFA 2006 (detention: limits on powers) is amended as follows.
In subsection (2)—
after paragraph (a) insert—;
in paragraph (b), at the end insert “in any of Her Majesty’s military forces”.
After subsection (2) insert—
AFA 2006 is amended as follows.
9 a deprivation order (defined by section 177B) only if section 177C permits
13 a deprivation order (defined by section 177B) only if section 177C permits
After section 177A insert—
After section 94 (property in possession of service police or CO) insert—
In Schedule 3 (civilians etc: modifications of Court Martial sentencing powers)—
8 a deprivation order (defined by section 177B) only if section 177C permits
11 a deprivation order (defined by section 177B) only if section 177C permits
AFA 2006 is amended as follows.
In section 164 (punishments available to Court Martial)—
14 a driving disqualification order (defined by section 177G) only if subsection (5A) permits
after subsection (5) insert—
After section 177F (as inserted by section 14 above) insert—
In section 373 (orders, regulations and rules)—
in subsection (3)(d), after “93AA(2),” insert “177J(8),”;
in subsection (5), at the beginning insert “Except for regulations made under section 177J(8),”;
after subsection (5) insert—
In Schedule 3 (civilians etc: modifications of Court Martial sentencing powers)—
9 a driving disqualification order (defined by section 177G) only if subsection (5A) permits
12 a driving disqualification order (defined by section 177G) only if subsection (5A) permits
Schedule 6 to this Act contains amendments that are consequential on, or otherwise connected with, sections 14 and 15.
AFA 2006 is amended as follows.
In section 238 (deciding the seriousness of an offence)—
in subsection (3)—
in paragraph (a) at the end insert “or”;
omit paragraphs (c) and (d);
for subsection (4) substitute—;
omit subsection (5).
In section 263 (restriction on imposing custodial sentence or service detention on unrepresented offender)—
in subsection (2)(b) omit the words from “, or sentenced to detention” to the end;
in subsection (6) omit paragraphs (c) and (d).
In section 270A (exception to restrictions on community punishments)—
in subsection (3)—
in paragraph (a) omit “, or member State service offence,” and at the end insert “or”;
in paragraph (b) omit “or”;
omit paragraph (c);
omit subsection (8).
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—
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
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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
after paragraph (a) insert—;
after paragraph (f) insert—
In subsection (8)—
at the end of paragraph (b) omit “or”;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
after paragraph (c) insert—
After subsection (9) 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).
Subsection (1) has effect in relation to a law of a British overseas territory, whenever passed or made.
In section 8 of the Pensions Appeal Tribunals Act 1943 (time limit for appeals), for subsection (5) substitute—
AFA 2006 is amended as follows.
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”.
In section 373(3) (orders, regulations and rules: affirmative procedure) after “A statutory instrument containing” insert “(whether alone or with other provision)”.
In this Act “AFA 2006” means the Armed Forces Act 2006.
The provisions of this Act come into force on such day as the Secretary of State may appoint by regulations, subject to subsections (2), (3) and (4).
The following come into force on the day on which this Act is passed—
sections 1, 17(5), 20 and 22(3) (and section 22(1), so far as relating to section 22(3)), and
section 23, this section and sections 25 to 27.
Sections 19 and 22 (2) (and section 22(1), so far as relating to section 22(2)) come into force at the end of the period of two months beginning with the day on which this Act is passed.
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.
Regulations under this section—
are to be made by statutory instrument, and
may make different provision for different purposes.
This Act extends to England and Wales, Scotland and Northern Ireland, subject to subsections (2) to (4).
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.
The amendments made by the following provisions have the same extent in the United Kingdom as the provisions to which they relate—
section 9(1) to (14);
section 10(10) and Schedule 3;
section 17(5);
section 19;
section 21;
paragraphs 1 to 6 of Schedule 2 (and section 9 (15), so far as it relates to those paragraphs);
paragraphs 2 to 9 of Schedule 4 (and section 11(5), so far as it relates to those paragraphs);
paragraphs 1 to 23 and 33 to 52 of Schedule 5 (and section 12 (5)), so far as it relates to those paragraphs);
paragraphs 4 to 6 of Schedule 6 (and section 16, so far as it relates to those paragraphs).
Section 18 extends to England and Wales only.
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).
This Act, with the exception of the provisions mentioned in subsection (3), extends to—
the Isle of Man, and
the British overseas territories, except Gibraltar.
Subsection (2) refers to—
section 9(1) to (14),
section 10(10) and Schedule 3,
section 17(5),
section 18,
section 19,
section 21,
paragraphs 1 to 6 of Schedule 2 (and section 9 (15), so far as it relates to those paragraphs),
paragraphs 2 to 9 of Schedule 4 (and section 11 (5), so far as it relates to those paragraphs),
paragraphs 1 to 23 and 33 to 52 of Schedule 5 (and section 12(5), so far as it relates to those paragraphs), and
paragraphs 4 to 6 of Schedule 6 (and section 16, so far as it relates to those paragraphs).
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.
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).
This Act may be cited as the Armed Forces Act 2021.
Section 2
Section 155 of AFA 2006 (constitution of the Court Martial) is amended as follows. 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”. In subsection (2), omit paragraph (a) (together with the final “or”). After subsection (2) insert— In subsection (3)(a), for “or warrant officers” substitute “, warrant officers or OR-7 ranks”. After subsection (6) insert— Omit subsections (7) and (8). For subsection (9) substitute—
Section 63A of the Police and Criminal Evidence Act 1984 (fingerprints and samples: supplementary provision) is amended as follows. In subsection (1A)— After subsection (1B) insert—
In section 18E of the Counter-Terrorism Act 2008 (sections 18 to 18E: supplementary provisions) subsection (1) is amended as follows.
The Investigatory Powers Act 2016 is amended as follows.
Section 15 of the Crime (Overseas Production Orders) Act 2019 (application of Act to service police) is amended as follows. For subsection (3)(c) substitute— In subsection (7), at the appropriate place insert—
Section 156 of AFA 2006 (officers and warrant officers qualified for membership of the Court Martial) is amended as follows. In the heading, for “and warrant officers” substitute “etc”. In subsection (1), for “or warrant officer” substitute “, warrant officer or OR-7 rank”. After subsection (3) insert— In subsection (4), in the words before paragraph (a), for “or warrant officer” substitute “, warrant officer or OR-7 rank”. At the end insert—
the tri-service serious crime unit,
In section 56 (exclusion of matters from legal proceedings etc), in subsection (3)(d), at the end insert “or the tri-service serious crime unit”.
Section 157 of AFA 2006 (officers and warrant officers ineligible for membership in particular circumstances) is amended as follows. In the heading, for “and warrant officers” substitute “etc”. In subsection (2), after “warrant officer” insert “or OR-7 rank”. In subsection (4), for “or warrant officer” substitute “, warrant officer or OR-7 rank”. At the end insert—
in relation to material obtained or acquired by the tri-service serious crime unit, the Provost Marshal for serious crime;
In section 57 (duty not to make unauthorised disclosures), in subsection (3)(c), at the end insert “or the tri-service serious crime unit”.
At the appropriate place insert—
In section 263 (general definitions), in subsection (1), at the appropriate place insert—.
Tri-service serious crime unit 60A(7)(a), (b), (c) and (e) Lieutenant Commander Entity data 61(7)(a) and (c) 61A(7)(a) and (c) Major Entity data 61(7)(a) and (c) 61A(7)(a) and (c) Squadron leader Entity data 61(7)(a) and (c) 61A(7)(a) and (c) Commander All 61(7)(a) and (c) 61A(7)(a) and (c) Lieutenant colonel All 61(7)(a) and (c) 61A(7)(a) and (c) Wing commander All 61(7)(a) and (c) 61A(7)(a) and (c)
The Provost Marshal for serious crime. A person holding the position of deputy Provost Marshal in the tri-service serious crime unit. A member of the tri-service serious crime unit.
Section 160 of AFA 2006 (decisions of Court Martial: finding and sentence) is amended as follows. Before subsection (1) insert— In subsection (1), for the words from “the following” to “passed by it,” substitute “subsection (4), any sentence passed by the Court Martial”. Omit subsections (2) and (3).
In regulation 38 of the Working Time Regulations 1998 (S.I. 1998/1833) (armed forces)—
in paragraph (2), for sub-paragraph (a) substitute—;
for paragraph (3) substitute—;
in paragraph (4), for “service redress procedures” substitute “procedures set out in service complaints regulations”;
for paragraph (5) substitute—
In regulation 43 of the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (S.R. (N.I.) 2003 No. 497)—
in paragraph (7), for sub-paragraph (a) substitute—;
for paragraph (8) substitute—;
in paragraph (9), for “service redress procedures” substitute “procedures set out in service complaints regulations”;
in paragraph (10)—
for the definition of “the service redress procedures” substitute—;
after the definition of “service complaint” (as substituted by sub-paragraph (i)) insert—.
Service Police Complaints Commissioner.
Service Police Complaints Commissioner.
Service Police Complaints Commissioner.
Service Police Complaints Commissioner.
In section 47 of the Coroners and Justice Act 2009 (interested person)—
in subsection (2), after paragraph (k) insert—;
after subsection (5) insert—
Service Police Complaints Commissioner.
In Schedule 7 to the Data Protection Act 2018 (competent authorities), after paragraph 18 insert—
Section 9
The Reserve Forces Act 1996 is amended as follows.
Section 17 (postponement of discharge) is amended as follows. In subsection (1), for “full-time service under a full-time service commitment” substitute “service under a section 24 commitment”. In subsection (2), for “full-time service under a full-time service commitment” substitute “service under a section 24 commitment”. In subsection (4), for “full-time service under a full-time service commitment” substitute “service under a section 24 commitment”.
Section 26 (parliamentary control of commitments) is amended as follows. For subsection (1)(a) substitute—. In subsection (2), for “full-time service” substitute “service under section 24 commitments”. In subsection (3), for “full-time service” substitute “service under section 24 commitments”.
Section 97 (failure to attend for duty or training) is amended as follows. In subsection (1)—
In subsection (1) of section 127 (interpretation)—
omit the definition of “full-time service commitment”, and
at the appropriate place, insert—.
In Schedule 9 (application of Act to members of transitional classes), in paragraph 11, in the words before sub-paragraph (a), for “full-time service commitment” substitute “commitment under that section”.
AFA 2006 is amended as follows.
and references to a police force are to be read as including the tri-service serious crime unit (as described in section 375(1A) of the Armed Forces Act 2006);
AFA 2006 is amended as follows.
In section 62 (time limit for charging Reserve Forces Act offences)—
in subsection (3)(c)(ii), for “full-time service” substitute “service under a commitment entered into under section 24 of the Reserve Forces Act 1996”;
omit subsection (3)(d).
Section 93C (preliminary impairment test) is amended as follows. In subsection (4), for the words from “means” to the end substitute means— In subsection (6), at the end insert “or the Provost Marshal for serious crime”.
In section 367 (persons subject to service law: regular and reserve forces), in subsection (2)(c), omit “full-time”.
In section 113 (CO to ensure service police aware of possibility serious offence committed), in subsection (1), after “police force” insert “or the tri-service serious crime unit”.
In section 114 (CO to ensure service police aware of certain circumstances), in subsection (1), after “police force” insert “or the tri-service serious crime unit”.
In section 115 (duty of CO with respect to investigation of service offences), in subsections (1)(b) and (4)(b), after “police force” insert “or the tri-service serious crime unit”.
In section 116 (referral of case following investigation by service or civilian police), in subsection (1), after “service police force” (in each place it occurs) insert “or the tri-service serious crime unit”.
In section 119 (circumstances in which CO has power to charge etc), in subsection (3)(b), after “force” insert “or the tri-service serious crime unit”.
In section 321A (inspection of service police investigations), at the end insert—
In section 374 (definitions applying for purposes of whole Act), at the appropriate place insert—.
Regulations under section 24(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.
Section 10
In section 6A of the Equal Pay Act (Northern Ireland) 1970 (c. 32 (N.I.)) (service pay and conditions), in subsection (5A)—
omit “and” at the end of paragraph (a);
after paragraph (a) insert—;
in paragraph (b)(i) for “340D(6)” substitute “340D(6)(a)”.
In regulation 13 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (S.I. 2000/1551) (armed forces)—
in paragraph (3), for sub-paragraph (a) substitute—;
for paragraph (4) substitute—;
in paragraph (5), for “service redress procedures” substitute “procedures set out in service complaints regulations”;
for paragraph (6) substitute—
In section 121 of the Equality Act 2010 (armed forces cases), in subsection (2)—
omit “and” at the end of paragraph (a);
after paragraph (a) insert—;
in paragraph (b)(i) for “340D(6)” substitute “340D(6)(a)”.
The Investigatory Powers Act 2016 is amended as follows. In section 58 (section 57: meaning of “excepted disclosure”), in subsection (4), after paragraph (c) insert—. In section 106 (power to issue warrants to law enforcement officers), after subsection (11) insert— In section 107 (restriction on issue of warrants to certain law enforcement officers), in subsection (2), after paragraph (h) insert—. In section 133 (section 132: meaning of “excepted disclosure”), in subsection (3), after paragraph (b) insert—. Service Police Complaints Commissioner 60A(7)(b) and (g) Senior investigating officer All 61A(7)(a) and (e) The Service Police Complaints Commissioner. A member of the Service Police Complaints Commissioner’s staff who is designated by the Commissioner for the purpose. An investigating officer appointed under section 365BB
In section 137 of the Sexual Offences Act 2003 (service courts), in subsection (4), at the appropriate place insert—.
In Schedule 7 to the Data Protection Act 2018 (competent authorities), after paragraph 15 insert—
In section 7 of the Overseas Operations (Service Personnel and Veterans) Act 2021 (general interpretation etc), in subsection (4)—
the tri-service serious crime unit,
at the appropriate place insert—.
In Article 82 of the Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15)) (application to Crown), in paragraph (9BA)—
omit “and” at the end of sub-paragraph (a);
after sub-paragraph (a) insert—;
in paragraph (b)(i) for “340D(6)” substitute “340D(6)(a)”.
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)—
omit “and” at the end of sub-paragraph (a);
after sub-paragraph (a) insert—;
in paragraph (b)(i) for “340D(6)” substitute “340D(6)(a)”.
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)—
in paragraph (3), for sub-paragraph (a) substitute—;
for paragraph (4) substitute—;
in paragraph (5), for “service redress procedures” substitute “procedures set out in service complaints regulations”;
for paragraph (6) substitute—
In regulation 49 of the Working Time Regulations (Northern Ireland) 2016 (S.R. (N.I.) 2016 No. 49) (armed forces)—
in paragraph (2), for sub-paragraph (a) substitute—;
for paragraph (3) substitute—;
in paragraph (4), for “service redress procedures” substitute “procedures set out in service complaints regulations”;
for paragraph (5) substitute—
Section 11
After Schedule 14 to AFA 2006 insert—
Section 12
The Regulation of Investigatory Powers Act 2000 is amended as follows.
Article 63A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (fingerprints and samples: supplementary provision) is amended as follows. In paragraph (1A)— After paragraph (1B) insert—
The Coroners and Justice Act 2009 is amended as follows.
In section 32 (authorisation of intrusive surveillance), in subsection (6), after paragraph (i) insert—.
In section 47 (interested person), in subsection (2)(j), at the end insert “of a service police force or of the tri-service serious crime unit”.
Section 33 (rules for grant of authorisations) is amended as follows. After subsection (1) insert— After subsection (3) insert—
In section 48 (interpretation: general), in subsection (1), at the appropriate place insert—
Section 34 (grant of authorisations in the senior officer’s absence) is amended as follows. In subsection (1)(a), for “force,” substitute “force (other than a member of the tri-service serious crime unit), a member of the tri-service serious crime unit,”. In subsection (2)(a), after “as the case may be, as” insert “Provost Marshal for serious crime or”. In subsection (4), after paragraph (h) insert—.
In Schedule 1 (duty or power to suspend investigations), in paragraph 1(3), after “Provost Marshal” insert “of a service police force, the Provost Marshal for serious crime”.
Section 35 (notification of authorisations for intrusive surveillance) is amended as follows. In subsection (1), after “police,” insert “tri-service serious crime unit,”. In subsection (10)—
In Schedule 7 (allowances, fees and expenses), in paragraph 5(2)(a), for “or a member of a police force,” substitute “member of a police force or member of the tri-service serious crime unit,”.
Section 36 (approval required for authorisations to take effect) is amended as follows. In subsection (1), after paragraph (a) insert—. In subsection (6)—
In section 41 (Secretary of State authorisations), in subsection (7), at the end insert “or is a member of the tri-service serious crime unit”.
In section 56(1)(interpretation of Part 3), in the definition of “chief officer of police”, after paragraph (h) insert—.
Section 81 (general interpretation) is amended as follows. In subsection (1), at the appropriate place insert—. In subsection (6)(b), for the words from “serving” to the end substitute serving—
In Schedule 1 (regulation of relevant public authorities), after paragraph A1 insert—
The Criminal Appeal Act 1995 is amended as follows.
Section 19 (power to require appointment of investigating officers) is amended as follows. After subsection (2) insert— In subsection (4)(b), for the words from “either” to the end substitute in a body selected by the chief officer which is— In subsection (4A)— After subsection (4A) insert— In subsection (5), for paragraph (b) substitute— In subsection (6)— In subsection (7)— After subsection (7) insert—
In section 20 (inquiries by investigating officers), after subsection (2) insert—
The Police Act 1997 is amended as follows.
Section 93 (authorisation to interfere with property etc) is amended as follows. In subsection (3), after paragraph (aa) insert—. In subsection (5), after paragraph (ed) insert—. In subsection (6A), in the words before paragraph (a), for “or (ed)” substitute “, (ed) or (eda)”.
In section 94 (authorisations given in absence of authorising officer), in subsection (2), after paragraph (dc) insert—.
In section 108 (interpretation of Part 3), in subsection (1), at the appropriate place insert—.
In section 113B (enhanced criminal record certificates), in subsection (11), after paragraph (b) insert—.
In section 126 (interpretation of Part 5), in subsection (1), at the appropriate place insert—
In Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 (fingerprints and samples), in paragraph 14—
and references to a police force are to be read as including the tri-service serious crime unit;
at the appropriate place insert—
In Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (border security), in paragraph 51—
and references to a police force are to be read as including the tri-service serious crime unit;
at the appropriate place insert—
Section 16
The Armed Forces Act 1991 is amended as follows.
In section 18 (intentional obstruction)—
in subsection (8A) for “12” substitute “14”;
in subsection (8B)—
for “12” substitute “14”;
for “7” substitute “9”;
in subsection (8C)—
for “12” substitute “14”;
for “10” substitute “12”.
In section 20 (intentional obstruction or failure to comply with exclusion requirement)—
in subsection (9A) for “12” substitute “14”;
in subsection (9B)—
for “12” substitute “14”;
for “7” substitute “9”;
in subsection (9C)—
for “12” substitute “14”;
for “10” substitute “12”.
The Reserve Forces Act 1996 is amended as follows.
In section 95 (offences against orders and regulations under section 4)—
in subsection (2)(a)(i) for “12” substitute “14”;
in subsection (2A)—
for “12” substitute “14”;
for “10” substitute “12”.
In paragraph 5 of Schedule 1 (false answer to question in attestation paper)—
in sub-paragraph (3) for “12” substitute “14”;
in sub-paragraph (4)—
for “12” substitute “14”;
for “10” substitute “12”.
AFA 2006 is amended as follows.
In the following provisions, for “12” substitute “14”—
section 25(2) (penalty for misapplying public property etc);
section 35(3) (penalty for annoyance by flying);
section 42(3)(b) (penalties for criminal conduct offences);
section 328(4)(a) (enlistment, terms of service etc);
section 343(5)(a) (service inquiries).
In section 185(4) (conditional or absolute discharge (civilians only)), at the end insert “, deprivation order or driving disqualification order”.
In Schedule 3 (civilians etc: modifications of Court Martial sentencing powers)—
in paragraph 2—
for “12” substitute “14”;
for “7” substitute “9”;
in paragraph 4—
for “12”, in each place it occurs, substitute “14”;
for “10”, in each place it occurs, substitute “12”.