Statement by the Slovak EU Presidency in response to the report by the OSCE Representative to the Latvian-Russian Joint Commission on Military Pensioners, Lieutenant Colonel Helmut Napiontek
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The 1955 Acts and the 1957 Act shall (instead of expiring on 31st August 2001) expire on 31st August 2002 unless continued in force in accordance with this section.
Subject to subsection (3), Her Majesty may from time to time by Order in Council provide for the 1955 Acts and the 1957 Act to continue in force for a period not exceeding twelve months beyond the day on which they would otherwise expire.
The 1955 Acts and the 1957 Act may not be continued under subsection (2) beyond the end of the year 2006.
No recommendation shall 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.
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A service policeman may exercise any power conferred by this section—
in any place to which at the time when he proposes to exercise the power the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission,
in any other place to which people have ready access at the time when he proposes to exercise the power but which is not a dwelling or service living accommodation, and
in any premises which at the time when he proposes to exercise the power are permanently or temporarily occupied or controlled by any of Her Majesty’s forces but are not service living accommodation.
Subject to subsections (3) to (6), a service policeman—
may search— for stolen or prohibited articles, controlled drugs or Her Majesty’s stores, and
any person who is, or whom the service policeman has reasonable grounds for believing to be, subject to service law,
a service vehicle which is in the charge of any person,
any vehicle which is, or which the service policeman has reasonable grounds for believing to be, in the charge of a person subject to service law, or
anything which is in or on a service vehicle or a vehicle falling within sub-paragraph (iii),
may detain for the purpose of such a search—
any person who is, or whom the service policeman has reasonable grounds for believing to be, subject to service law,
any person in charge of a service vehicle,
any service vehicle, and
any vehicle falling within paragraph (a)(iii).
This section does not give a service policeman power to search a person or vehicle or anything in or on a vehicle unless—
he has reasonable grounds for suspecting that he will find—
stolen or prohibited articles, or
Her Majesty’s stores that have been unlawfully obtained, or
he has reasonable grounds for suspecting—
in the case of the search of a person, that the person is in possession of a controlled drug in circumstances in which he commits an offence against section 70 of either of the 1955 Acts or section 42 of the 1957 Act for which the corresponding civil offence is an offence under the Misuse of Drugs Act 1971 (c. 38), or
in the case of the search of a vehicle, that he will find a controlled drug that is in a person’s possession in such circumstances.
If a person is in a garden or yard occupied with and used for the purposes of a dwelling or of any service living accommodation falling within section 15(1)(a) or on other land so occupied and used, a service policeman may not by virtue of subsection (1)(a) or (b) search him in the exercise of the power conferred by this section unless the service policeman has reasonable grounds for believing—
that he does not reside in the dwelling or service living accommodation, and
that he is not in the place in question with the express or implied permission of a person who resides in the dwelling or service living accommodation.
If a vehicle is in a garden or yard occupied with and used for the purposes of a dwelling or of any service living accommodation falling within section 15(1)(a) or on other land so occupied and used, a service policeman may not by virtue of subsection (1)(a) or (b) search the vehicle or anything in or on it in the exercise of the power conferred by this section unless the service policeman has reasonable grounds for believing—
that the person in charge of the vehicle does not reside in the dwelling or service living accommodation, and
that the vehicle is not in the place in question with the express or implied permission of a person who resides in the dwelling or service living accommodation.
In subsections (4) and (5) “dwelling” does not include any dwelling which is permanently or temporarily occupied or controlled by any of Her Majesty’s forces.
If in the course of a search under this section a service policeman discovers an article which he has reasonable grounds for suspecting to be— he may seize it.
a stolen or prohibited article,
evidence of an offence against section 70 of either of the 1955 Acts or section 42 of the 1957 Act for which the corresponding civil offence is an offence under the Misuse of Drugs Act 1971 (c. 38), or
any of Her Majesty’s stores that have been unlawfully obtained,
An article is prohibited for the purposes of this section if it is—
an offensive weapon other than one in the possession of a person who is permitted to have it in his possession for the purposes of any of Her Majesty’s forces, or
an article—
made or adapted for use in the course of or in connection with an offence specified in subsection (9) or an offence as respects which the corresponding civil offence is an offence specified in that subsection; or
intended by the person having it with him for such use by him or by some other person.
The offences referred to in subsection (8)(b)(i) are—
burglary,
theft,
offences under section 12 of the Theft Act 1968 (c. 60) (taking motor vehicle or other conveyance without authority), and
offences under section 15 of that Act (obtaining property by deception).
In this section—
“legal or other representative”, in relation to any proceedings, means—
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section 225(1) of the Army Act 1955 (c. 18) ,
section 223(1) of the Air Force Act 1955 (c. 19), and
section 135(1) of the 1957 Act,
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In Part 3 of Schedule 1 to each of the House of Commons Disqualification Act 1975 and the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices), in the entry beginning “Judge Advocate General”, for “, Assistant Judge Advocate General or Deputy Judge Advocate” there is substituted “ or Assistant Judge Advocate General ”.
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“wasted costs” means any costs incurred by a party—
“regulations” means regulations made by the Secretary of State;
In Schedule 11 to the Courts and Legal Services Act 1990 (judges etc. barred from legal practice) in the entry relating to an Assistant or Deputy Judge Advocate General, the words “or Deputy” are omitted.
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a person who is exercising a right of audience, or a right to conduct litigation, on behalf of any party to the proceedings, or
In section 125 of that Act (absence for voting), in paragraph (a), after “Member of the Scottish Parliament” there is inserted “ , a Member of the National Assembly for Wales, a Member of the Northern Ireland Assembly ”.
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in sub-paragraph (1) (absolute and conditional discharge of civilians) for the words “(not being an offence the sentence for which is fixed by law or falls to be imposed under section 70(3A) above) may” there is substituted “may (subject to sub-paragraph (1A) below)”, and
No order may be made under this paragraph if—
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in paragraph (e), for “a specified description of commanding officer” there is substituted “a commanding officer or appropriate superior authority of a specified description;”, and
for paragraph (k) there is substituted—
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in paragraph (a), after “sections” there is inserted “12B,”, and
at the end of the proviso there is inserted “and the said section 12B, and sections 40 and 41 so far relating thereto, shall apply only to persons falling within any description specified in paragraphs 1 to 4 of Schedule 3”.
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In section 41 of that Act (cessation of liabilities), in subsection (4) the word “been” is omitted.
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The time for which a person or vehicle may be detained for the purposes of a search under section 2 is such time as is reasonably required to permit a search to be carried out either at the place where the person or vehicle was first detained or nearby.
The power conferred by section 2 is not to be construed as authorising a service policeman to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves.
The Secretary of State may by order make provision, in relation to the search of persons or vehicles under section 2 (whether carried out by service policemen or by virtue of section 4 by other persons), which is equivalent to that made by any provision of— subject to such modifications as the Secretary of State thinks fit.
subsections (1) to (7) and (9)(b) of section 2 (provisions relating to search under section 1 of that Act and other powers) of the Police and Criminal Evidence Act 1984 (c. 60) (in this Part referred to as “the 1984 Act”), and
section 3 of that Act (duty to make records concerning searches),
An order under subsection (3) may, in particular, apply any of the provisions mentioned in paragraphs (a) and (b) of that subsection subject to modifications specified in the order.
Section 2 and this section apply to vessels, aircraft and hovercraft as they apply to vehicles.
Nothing in section 2 limits the powers exercisable on any premises if, or to the extent that, the premises are being used—
for holding persons in custody under any of the services Acts, or
for the accommodation of persons serving military, air-force or naval sentences of detention or imprisonment.
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Subject to subsections (2) and (3), in relation to a person who is subject to service law or a vehicle in the charge of such a person, the powers conferred on a service policeman by section 2 may also be exercised—
by that person’s commanding officer, or
by any member of Her Majesty’s forces who is authorised by that person’s commanding officer.
The power conferred on a commanding officer by virtue of subsection (1)(a) may be exercised only by giving orders for the search of a particular person or vehicle.
A commanding officer may not give orders by virtue of subsection (1)(a) or give authority under subsection (1)(b) unless he has reasonable grounds for believing that it is likely that, if the powers conferred by section 2 could not be exercised before the earliest time by which it would be practicable to obtain— offences against section 70 of either of the 1955 Acts or section 42 of the 1957 Act would be committed or persons who have committed such offences would avoid apprehension.
the assistance of a service policeman, or
in a case where corresponding powers conferred by section 1 of the 1984 Act or any other enactment are exercisable by a member of a United Kingdom police force, the assistance of a member of such a force who is capable of exercising those corresponding powers,
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If, on an application made by a service policeman, a judicial officer is satisfied that there are reasonable grounds for believing— he may issue a warrant authorising a service policeman to enter and search the premises.
that an offence to which this section applies has been committed, and
that there is on relevant residential premises specified in the application material which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence, and
that the material is likely to be relevant evidence, and
that it does not consist of or include items subject to legal privilege, excluded material or special procedure material, and
that any of the conditions specified in subsection (4) applies,
This section applies to the following offences—
any offence against section 70 of either of the 1955 Acts or section 42 of the 1957 Act for which the corresponding civil offence is, or if it were committed in England and Wales would be, a serious arrestable offence for the purposes of the 1984 Act;
any offence against section 24, 25, 26, 30, 31, 32, 37, 48A or 49 of either of the 1955 Acts or against section 2, 3, 4, 5, 9, 10, 16, 19 or 20 of the 1957 Act;
any offence specified for the purposes of this subsection in an order made by the Secretary of State;
any offence against either of the 1955 Acts or under the 1957 Act whose commission—
has led to any of the consequences specified in subsection (5), or
is intended or is likely to lead to any of those consequences.
A service policeman may seize and retain anything for which a search has been authorised under subsection (1).
The conditions mentioned in subsection (1)(e) are—
that it is not practicable to communicate with any person entitled to grant entry to the premises;
that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;
that entry to the premises will not be granted unless a warrant is produced;
in the case of service living accommodation falling within section 15(1)(b) or (c), that the person for whom it is provided will not agree to grant access to it unless a warrant is produced or that it is not practicable to communicate with him;
that the purpose of a search may be frustrated or seriously prejudiced unless a service policeman arriving at the premises can secure immediate entry to them.
The consequences mentioned in subsection (2)(d)(i) are—
serious harm to the security of the State or to public order;
serious interference with the administration of justice or with the investigation of offences or of a particular offence;
the death of any person;
serious injury to any person;
substantial financial gain to any person;
serious financial loss to any person;
the undermining of discipline or morale among members of any of Her Majesty’s forces.
In subsection (5)(d) “injury” includes any disease and any impairment of a person’s physical or mental condition.
For the purposes of subsection (5)(f), loss is serious if, having regard to all the circumstances, it is serious for the person who suffers it.
In this section “relevant residential premises” means—
service living accommodation, or
other premises occupied as a residence (alone or with other persons) by—
a person who is subject to service law, or
a person who is suspected of having committed while subject to service law an offence in relation to which the warrant is sought.
In this section “relevant evidence”, in relation to an offence, means anything that would be admissible in evidence at a trial for the offence.
The Secretary of State may by order—
authorise the use, in connection with any application to a judicial officer for a warrant under this section, of live television links or similar arrangements, and
make provision, in relation to warrants issued under this section to service policemen or entry and search under such a warrant, which is equivalent to that made by any provision of sections 15 and 16 of the 1984 Act (which relate to the issue to constables of warrants to enter and search premises), subject to such modifications as the Secretary of State thinks fit.
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The Secretary of State may by order enable a service policeman to obtain access to excluded material or special procedure material on relevant residential premises, for the purposes of an investigation of an offence to which section 5 applies, by making an application in accordance with the order to a judicial officer.
An order under this section may, in particular—
provide for any provision of Schedule 1 to the 1984 Act (which relates to applications by constables to circuit judges for access to excluded material or special procedure material) to apply with specified modifications for the purposes of the order, and
authorise the use, in connection with any application made by virtue of the order, of live television links or similar arrangements.
In this section “relevant residential premises” has the same meaning as in section 5.
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If an officer has reasonable grounds for believing— the officer may authorise a service policeman or, subject to subsection (2), any other member of Her Majesty’s forces to enter and search the premises.
that the conditions specified in paragraphs (a) to (e) of section 5(1) are satisfied in relation to—
service living accommodation of a person as respects whom the officer is commanding officer, or
other premises occupied as a residence (alone or with other persons) by a person who is subject to service law and as respects whom the officer is commanding officer, and
that it is likely that, if no search could be carried out before the earliest time by which it would be practicable— the purpose of the search would be frustrated or seriously prejudiced,
for a service policeman to obtain and execute a warrant under section 5 authorising the entry and search of the premises, or
in a case where a member of a United Kingdom police force could obtain a warrant under section 8 of the 1984 Act or any other enactment authorising the entry and search of the premises, for a member of such a force to obtain such a warrant,
An officer may not authorise a person other than a service policeman to exercise the powers conferred by subsection (1) unless—
the premises to be searched consist of service living accommodation falling within section 15(1)(b) or (c), and
it is likely that, if no search could be carried out before the earliest time by which it would be practicable to obtain the assistance of a service policeman, the purpose of the search would be frustrated or seriously prejudiced.
Subject to section 8, a person authorised under subsection (1) may seize and retain anything for which the search under this section was authorised.
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Where any property has been seized and retained during a search under section 7, the officer who authorised the search must as soon as practicable request a judicial officer to undertake a review of the search and of the seizure and retention of anything seized and retained during it.
In relation to a review under this section, a judicial officer shall have such powers and duties as may be prescribed by the Secretary of State by order.
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Subject to the following provisions of this section, a service policeman may enter and search any relevant residential premises for the purpose—
of arresting a person under any of the services Acts, or
of saving life or limb or preventing serious damage to property.
In subsection (1) “relevant residential premises” means—
service living accommodation, or
other premises occupied as a residence (alone or with other persons) by a person who is subject to service law.
Subject to the following provisions of this section and without prejudice to any other enactment, a service policeman may enter and search any premises which are occupied as a residence (alone or with other persons) by a person to whom this subsection applies, for the purpose of arresting that person under any of the services Acts.
Subsection (3) applies to a person in relation to whom the power of arrest under any of the services Acts is exercisable only by virtue of section 131 of each of the 1955 Acts or section 51 of the 1957 Act.
Except for the purpose specified in paragraph (b) of subsection (1), the powers of entry and search conferred by this section—
are only exercisable if the service policeman has reasonable grounds for believing that the person whom he is seeking is on the premises, and
are limited, in relation to premises consisting of two or more separate dwellings, to powers to enter and search—
any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any other such dwelling, and
any such dwelling in which the service policeman has reasonable grounds for believing that the person whom he is seeking may be.
The power of search conferred by this section is only a power to search to the extent that is reasonably required for the purpose for which the power of entry is exercised.
Subject to subsections (8) and (9), an officer may authorise a member of Her Majesty’s forces who is not a service policeman to exercise, in relation to premises consisting of— the powers conferred by subsection (1) on a service policeman.
service living accommodation of a person as respects whom the officer is commanding officer, or
other premises occupied as a residence (alone or with other persons) by a person who is subject to service law and as respects whom the officer is commanding officer,
An officer may not authorise a person other than a service policeman to exercise the power conferred by subsection (1)(a) unless—
the offence in respect of which the arrest is to be made is an offence to which section 5 applies, and
the officer has reasonable grounds for believing that, if the arrest could not be made before the earliest time by which it would be practicable to obtain— the person to be arrested might evade arrest, conceal, damage, alter or destroy evidence or be a danger to himself or to others, or discipline or morale among members of any of Her Majesty’s forces might be undermined.
the assistance of a service policeman, or
in a case where the powers conferred by section 17(1)(b) or (c) of the 1984 Act (entry for purposes of arrest) are exercisable by a member of a United Kingdom police force, the assistance of a member of such a force capable of exercising them,
An officer may not authorise a person other than a service policeman to exercise the power conferred by subsection (1)(b) in relation to premises falling within subsection (2)(b) unless it is not practicable to obtain the assistance of a service policeman in time to take the necessary action to save life or limb or prevent serious damage to property.
The Defence Council may by regulations provide for the delegation by a commanding officer of his functions under this section.
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A service policeman or the person exercising the power of arrest may search a person arrested under any of the services Acts if the service policeman or, as the case may be, the person making the arrest has reasonable grounds for believing that the arrested person may present a danger to himself or others.
Subject to subsections (4), (8) and (9), a service policeman shall also have power to search the arrested person for anything—
which he might use to assist him to escape from custody, or
which might be evidence relating to an offence.
For the purposes of the following provisions of this section, a thing is “subject to search” if it is something for which a search by a service policeman is permitted under subsection (2).
A service policeman may not search a person in the exercise of the power conferred by subsection (2) unless he has reasonable grounds for believing that the person to be searched may have concealed on him anything that is subject to search.
Subject to subsections (6) to (9), where a person (“the arrested person”) is to be or has been arrested under any of the services Acts by a person other than a service policeman, the commanding officer of the arrested person—
may, if the commanding officer has reasonable grounds for believing that the arrested person may have concealed on him anything that is subject to search, order the person exercising the power of arrest, on or after exercising the power, to search the arrested person for anything that is subject to search, or
may authorise the person exercising the power of arrest, on or after exercising the power, to search the arrested person for anything that is subject to search.
A commanding officer may not order or authorise the search of an arrested person under subsection (5)(a) or (b) unless he has reasonable grounds for believing that it is likely that, if the search could not be carried out before the earliest time by which it would be practicable to obtain assistance from— the person who is to be or has been arrested would escape from custody or conceal, alter or destroy evidence.
a service policeman, or
in a case where the powers conferred by section 32 of the 1984 Act (search upon arrest) are exercisable by a member of a United Kingdom police force, a member of such a force capable of exercising those powers,
A person authorised under paragraph (b) of subsection (5) may not search a person in the exercise of the power conferred by that paragraph unless he has reasonable grounds for believing that the arrested person may have concealed on him anything that is subject to search.
The power to search conferred by subsection (2) or (5) is only a power to search to the extent that is reasonably required for the purpose of discovering anything that is subject to search.
The power conferred by subsection (1), (2) or (5) is not to be construed as authorising the person exercising the power to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves, but the power does authorise the search of a person’s mouth.
Any person searching another person in the exercise of the power conferred by subsection (1) may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person.
A service policeman or authorised person searching a person in the exercise of the power conferred by subsection (2) or (5) may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing—
that the person searched might use it to assist him to escape from lawful custody; or
that it is evidence of an offence or has been obtained in consequence of the commission of an offence.
In subsection (11) “authorised person” means a person ordered under subsection (5)(a) or authorised under subsection (5)(b).
The Secretary of State may by order make provision, in relation to premises in which a person was when or immediately before he was arrested under any of the services Acts, which is equivalent to that made by any of the provisions of section 32 of the 1984 Act which relate to the power to enter and search premises, subject to such modifications as the Secretary of State thinks fit.
The power conferred by subsection (13) includes, in particular, power to apply any provision of section 32 of the 1984 Act relating to the power to enter and search premises, subject to modifications specified in the order.
The Defence Council may by regulations provide for the delegation by a commanding officer of his functions under this section.
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The Secretary of State may by order make provision, in relation to premises occupied or controlled by a person who— which is equivalent to that made by any provision of section 18 of the 1984 Act (entry and search after arrest), subject to such modifications as the Secretary of State thinks fit.
has been arrested under any of the services Acts, and
is being held in military, air-force or naval custody without being charged,
The Secretary of State may by order make provision, in relation to— which is equivalent to that made by any provision of sections 19 to 21 of the 1984 Act (which relate to seizure) or section 22(1) to (4) of that Act (power to retain property seized), subject to such modifications as the Secretary of State thinks fit.
a service policeman who is on any premises in the exercise of any power conferred by or under this Part, or
any power of seizure conferred by or under this Part,
In subsection (1) “charged”—
in relation to a person held in military custody, is to be construed in accordance with section 75(4) of the Army Act 1955 (c. 18),
in relation to a person held in air-force custody, is to be construed in accordance with section 75(4) of the Air Force Act 1955 (c. 19), and
in relation to a person held in naval custody, is to be construed in accordance with section 47A(4) of the 1957 Act.
No provision made by virtue of this section affects the power conferred by section 12.
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The Secretary of State may by regulations make provision with respect to the disposal of property which has come into the possession of a service policeman or a person’s commanding officer in connection with the investigation of an offence.
The regulations may, in particular—
enable a court-martial, Standing Civilian Court or judicial officer to make an order for the delivery of the property to the person appearing to the court or judicial officer to be the owner of the property or, if the owner cannot be ascertained, to make such order with respect to the property as the court or judicial officer thinks fit,
enable the commanding officer of a person charged with an offence against any of the services Acts—
to determine that any property seized under this Part in connection with the investigation of an offence be delivered to the person appearing to the commanding officer to be the owner of the property, or
if the owner cannot be ascertained, to make such other determination with respect to the delivery of the property as the commanding officer considers appropriate,
enable the commanding officer of a person— to determine that it should be delivered to that person,
in whose possession the property was before it was seized under this Part, or
who claims to be the owner of the property,
make provision as to appeals against orders made by virtue of paragraph (a) and determinations made by virtue of paragraph (b) or (c), and
provide that, on the expiration of a specified period from the making of an order by virtue of paragraph (a), the right of any person to take proceedings for the recovery of the property is to cease.
A determination made by virtue of subsection (2)(b) or (c) does not bar the right of any person to recover any property delivered in pursuance of the determination from the person to whom it is delivered.
Section 113 of the 1984 Act (application of Act to armed forces) is amended as follows.
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In subsection (4) for the words “enquiries into such offences” there is substituted “ the powers mentioned in subsection (3)(a) above or the enquiries mentioned in subsection (3)(b) above ”.
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Subject to subsection (2), in this Part “service living accommodation” means—
any building or part of a building which is occupied for the purposes of any of Her Majesty’s forces but is provided for the exclusive use of a person subject to service law, or of such a person and members of his family, as living accommodation or as a garage,
any other room, structure or area (whether on land or on a vessel) which is occupied for the purposes of any of Her Majesty’s forces and is used for the provision of sleeping accommodation for one or more persons subject to service law, or
any locker which—
is provided by any of Her Majesty’s forces for personal use by a person subject to service law in connection with his sleeping accommodation, but
is not in a room, structure or area falling within paragraph (b).
Premises are not service living accommodation for the purposes of this Part if, or to the extent that, they are being used—
for holding persons in custody under any of the services Acts, or
for the accommodation of persons serving military, air-force or naval sentences of detention or imprisonment.
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In this Part—
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in subsection (1), the words “and Queen Alexandra’s Royal Naval Nursing Service”, and
in subsection (2), the words “or of Queen Alexandra’s Royal Naval Nursing Service”.
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as a result of any improper, unreasonable or negligent act or omission on the part of any representative or any employee of a representative; or
In section 17 of the Armed Forces Act 1991 (c. 62) (power to make service family child assessment orders), for subsections (1) and (2) there is substituted—
In section 19 of that Act (power to make orders for the emergency protection of children of service families) for subsections (1) and (2) there is substituted—
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Section 20(2) of, and Part 3 of Schedule 3 to, the Armed Forces Act 1981 (which apply to members of Queen Alexandra’s Royal Naval Nursing Service provisions of the Armed Forces Act 1966 relating to discharge etc.) shall cease to have effect.
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after “profession” there is inserted “, business”, and
at the end there is inserted “or by an officer authorised by the Defence Council”.
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after “profession” there is inserted “, business”, and
at the end there is inserted “or by an officer authorised by the Defence Council”.
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In this Part any reference to a person subject to service law is a reference to—
a person subject to military law, air-force law or the 1957 Act, or
any other person to whom any provisions of Part 2 of the Army Act 1955 (c. 18), Part 2 of the Air Force Act 1955 (c. 19) or Parts 1 and 2 of the 1957 Act apply because he is a person falling within—
section 209(1) or (2) of either of the 1955 Acts (application of Act to civilians), or
section 118(1) or (2) of the 1957 Act (application of Act to civilians).
This Part shall, to such extent and subject to such modifications as may be prescribed by regulations made by the Defence Council, apply to persons embarked as passengers on board Her Majesty’s ships or Her Majesty’s aircraft (not being persons who are subject to service law) as it applies to persons subject to service law.
In subsection (3), “Her Majesty’s ships” has the same meaning as in the Army Act 1955 and “Her Majesty’s aircraft” has the same meaning as in the Air Force Act 1955.
For the purposes of this Part “commanding officer”—
in relation to a person subject to military law, means the officer who would be that person’s commanding officer for the purposes of section 82 of the Army Act 1955 (c. 18) if he were charged with an offence;
in relation to a person subject to air-force law, means the officer who would be that person’s commanding officer for the purposes of section 82 of the Air Force Act 1955 (c. 19) if he were charged with an offence;
in relation to a person subject to the 1957 Act or a person falling within subsection (2)(b)(ii), means—
the officer in command of the ship or naval establishment to which he belongs, or
any other person who by virtue of regulations under section 52E of that Act would be able to exercise the powers conferred by that Act on a commanding officer in relation to that person if he were charged with an offence;
in relation to a person falling within subsection (2)(b)(i), means the person who is by virtue of regulations of the Defence Council made for the purposes of section 209(3)(f) of either of the 1955 Acts the commanding officer for the purposes of Part 2 of the Act in question in relation to him;
in relation to a person falling within subsection (3), means such officer as may be determined by or under regulations of the Defence Council made for the purposes of that subsection.
For the purposes of this Part, the Provost Marshal of the Royal Air Force and any officer appointed to exercise the functions conferred by the Air Force Act 1955 on provost officers are to be taken to be members of the Royal Air Force Police.
Nothing in this Part limits—
any power of a service policeman or commanding officer to enter and search, or order the entry and search of, premises which are occupied for the purposes of any of Her Majesty’s forces, to the extent that the premises do not constitute service living accommodation,
any power of a commanding officer, otherwise than in connection with the investigation of an offence or the exercise of any power of arrest, to enter and search, or order the entry and search of, service living accommodation,
any power of a commanding officer, otherwise than in connection with the investigation of an offence or the exercise of any power of arrest, to search a person or to stop and search a service vehicle, or
any power of a service policeman or commanding officer to search a service vehicle which is not in the charge of any person.
In subsection (7) “service vehicle” means a vehicle, vessel, aircraft or hovercraft which—
belongs to any of Her Majesty’s forces, or
is in use for the purposes of any of those forces.
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The Secretary of State may by order provide that, in such circumstances and subject to such conditions as may be prescribed, warrant officers are to be eligible to be members of any of the summary appeal courts.
An order under this section may amend either of the 1955 Acts or the 1957 Act.
No order under this section may enable any of the summary appeal courts to include a warrant officer as a member unless the appellant is of a rank below that of the warrant officer in question.
In this section “the summary appeal courts” means the court established by section 83ZA of each of the 1955 Acts and the court established by section 52FF of the 1957 Act.
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After section 113A of each of the 1955 Acts there is inserted—
After section 71A of the 1957 Act there is inserted—
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Schedule 3 (which contains amendments of the 1955 Acts and the 1957 Act relating to required custodial sentences) shall have effect.
Any provision of that Schedule or of Part 2 of Schedule 7 (“the relevant provision”) has effect in relation to a person who falls to be sentenced on being convicted of an offence against section 70 of either of the 1955 Acts or (as the case may be) section 42 of the 1957 Act if that offence is committed on or after the day on which the relevant provision comes into force.
Section 29 of the Senior Courts Act 1981 (c. 54) (orders of mandamus, prohibition and certiorari) is amended as follows.
In subsection (1) at the beginning there is inserted “ Subject to subsection (3A), ”.
After subsection (3) there is inserted—
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In each of the provisions specified in subsection (2), for “document in his custody or under his control” there is substituted “document or other thing which is in his custody or under his control and”.
The provisions referred to in subsection (1) are—
section 57(1)(c) of the Army Act 1955 (c. 18) (refusal of person subject to military law to produce document),
section 101(1)(c) of that Act (refusal of person not subject to military law to produce document),
section 57(1)(c) of the Air Force Act 1955 (c. 19) (refusal of person subject to air-force law to produce document),
section 101(1)(c) of that Act (refusal of person not subject to air-force law to produce document), and
section 38(1)(c) of the 1957 Act (refusal of person subject to that Act to produce document).
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After section 101 of the Army Act 1955 there is inserted—
After section 101 of the Air Force Act 1955 (c. 19) there is inserted—
After section 65 of the 1957 Act there is inserted—
The Secretary of State may by regulations make provision empowering any of the Court Martial, the Summary Appeal Court, the Service Civilian Court and the Court Martial Appeal Court, in any case where the court is satisfied that one party to proceedings before that court has incurred costs as a result of an unnecessary or improper act or omission by, or on behalf of, another party to the proceedings, to make an order as to the payment of those costs.
Regulations under this section may, in particular—
allow the making of such an order as is mentioned in subsection (1) at any time during the proceedings,
make provision as to the account to be taken, in making such an order, of any other order as to costs which has been made in respect of the proceedings or any grant of representation for the purposes of the proceedings which has been made under the Legal Aid Act 1988 (c. 34) or under any legal aid scheme operated by any of Her Majesty’s forces,
make provision as to the account to be taken of such an order as is mentioned in subsection (1) in the making of any other order as to costs in respect of the proceedings,
contain provision in relation to the Service Civilian Court equivalent to that made by section 18(5) of the Prosecution of Offences Act 1985 (c. 23) in relation to a magistrates’ court, subject to such modifications as the Secretary of State thinks fit, and
make provision as to appeals against orders made by virtue of the regulations.
Regulations under this section shall provide—
that a person against whom an order is made by the Court Martial under the regulations may appeal to the Court Martial Appeal Court;
that a person against whom an order is made by the Summary Appeal Court or the Service Civilian Court under the regulations may appeal to the High Court in England and Wales.
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in sub-paragraph (1) (absolute and conditional discharge of civilians) for the words “(not being an offence the sentence for which is fixed by law or falls to be imposed under section 42(1A) above) may” there is substituted “may (subject to sub-paragraph (1A) below)”, and
No order may be made under this paragraph if—
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in sub-paragraph (8) for “the Court or the directing officer” there is substituted “a magistrate appointed under section 6(4) of the Armed Forces Act 1976”,
in sub-paragraph (9)—
for “subject to service law” there is substituted “a person to whom Part 2 of this Act is applied by section 209 above”, and
in paragraph (b), for “the directing officer or by any superior officer or authority” there is substituted “a magistrate appointed under section 6(4) of the Armed Forces Act 1976”,
in sub-paragraph (10) for the words “the Standing Civilian Court or directing officer” there is substituted “the magistrate”, and
sub-paragraph (13) is omitted.
In any proceedings before— the court may disallow, or (as the case may be) order the legal or other representative concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with regulations.
the Court Martial,
the Summary Appeal Court,
the Service Civilian Court, or
the Court Martial Appeal Court,
Regulations shall provide—
that a legal or other representative against whom action is taken by the Court Martial under subsection (1) may appeal to the Court Martial Appeal Court;
that a legal or other representative against whom action is taken by the Summary Appeal Court or the Service Civilian Court under subsection (1) may appeal to the High Court in England and Wales.
In this section—
“legal or other representative”, in relation to any proceedings, means—
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In section 622 of the Housing Act 1985, in the definition of “regular armed forces of the Crown”, for the words from “, the regular air force” to the end there is substituted “ or the regular air force as defined by section 223 of the Air Force Act 1955 ”.
In section 32(2) of the Courts-Martial (Appeals) Act 1951 (c. 46) (tenure of office of Judge Advocate General and assistants), for “sixty-five” there is substituted “ seventy ”. The amendment made by sub-paragraph (1) applies in relation to any such officer as is mentioned in section 30(1) of that Act (assistants to Judge Advocate General) whether appointed before or after the commencement of sub-paragraph (1).
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“the Royal Air Force Police” includes the Provost Marshal of the Royal Air Force and any officer appointed to exercise the functions conferred by or under the Air Force Act 1955 on provost officers;
in the definition of “service policeman”, for “, the Royal Air Force Police or the staff of the Royal Air Force Provost Marshal” there is substituted “or the Royal Air Force Police”.
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Where any of Her Majesty’s forces incurs costs in respect of the exercise by the Director of Service Prosecutions (“the Director”) of his functions as a party to proceedings before a court mentioned in section 27(1), those costs shall, subject to any provision made by virtue of subsection (2), be taken for the purposes of sections 26 and 27 to have been incurred by the Director.
Regulations under section 26 or 27 may make provision—
as to the costs incurred by any of Her Majesty’s forces which are or are not to be taken for the purposes of that section to have been incurred by the Director, and
as to the person to whom, or account into which, any payment in respect of costs incurred by the Director is to be made.
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The Secretary of State may by order make provision enabling a person who has been sentenced by the Court Martial, the Summary Appeal Court or the Service Civilian Court (in this section referred to as “the convicted person”) to be released from custody subject to conditions pending a relevant determination.
In subsection (1), “relevant determination” means—
in the case of a person sentenced by the Court Martial, the determination of an appeal to the Court Martial Appeal Court,
the determination of an appeal to the Courts-Martial Appeal Court, or
the completion of a review under section 113 of either of the 1955 Acts or section 70 of the 1957 Act of any finding of guilt or any sentence,
in the case of a person sentenced by the Summary Appeal Court, the determination of an appeal to the High Court under section 149(2) of the Armed Forces Act 2006 or of any appeal from the High Court to the Supreme Court under section 1 of the Administration of Justice Act 1960 (c. 65), and
in the case of a person sentenced by the Service Civilian Court, the determination of an appeal to the Court Martial or of an appeal from the Court Martial to the Court Martial Appeal Court.
the determination of an appeal to a court-martial or of an appeal from a court-martial to the Courts-Martial Appeal Court, or
the completion of a review under paragraph 20 of Schedule 3 to the Armed Forces Act 1976 (c. 52) of any finding or sentence.
An order under this section may, in particular, make provision—
as to the court to which or person to whom any application for release from custody is to be made,
as to the manner in which any such application is to be made,
as to the criteria to be applied when making a decision under the order,
as to the conditions that may be imposed,
as to the enforcement of the attendance or return to custody of the convicted person,
as to appeals against decisions taken under the order, and
for the time during which the convicted person is released from custody to be disregarded in computing the term of any sentence to which he is for the time being subject.
An order under this section may—
make provision equivalent to that made by any provision of the Bail Act 1976 (c. 63), the Magistrates’ Courts Act 1980 (c. 43) or the Senior Courts Act 1981 (c. 54) relating to bail in criminal proceedings, subject to such modifications as may be specified in the order,
make different provision in relation to different courts,
confer powers of arrest,
create service offences punishable by any of the punishments mentioned in the Table in section 164 of the Armed Forces Act 2006,
make such amendments of the Court Martial Appeals Act 1968 or the Armed Forces Act 2006 as appear to the Secretary of State to be necessary or appropriate in consequence of the order.
Subsection (4)(d) is to be construed in accordance with section 71(1) of the 1955 Acts and section 43 of the 1957 Act.
Where an order under this section creates an offence punishable with imprisonment, the maximum term it may authorise is two years.
An order under this section may not make provision enabling a Standing Civilian Court to award by sentence—
imprisonment for a term exceeding six months, or
a fine exceeding £5,000.
In section 42 of the Courts-Martial (Appeals) Act 1968 (bail) there are omitted—
in subsection (1), the words “to whom this section applies”, and
subsection (2).
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In this section a “criminal justice enactment” means any enactment which—
is contained in an Act passed after or in the same Session as this Act, and
amends the law of England and Wales relating to any of the matters specified in subsection (2).
Those matters are—
the powers of the police in connection with the investigation of offences or the detection of offenders,
powers of arrest and detention in connection with crime or criminal proceedings,
the functions of any authority in relation to criminal prosecutions,
remand in custody or on bail,
the rights and duties of an accused person in relation to proceedings in criminal courts,
evidence or procedure in criminal courts,
the powers of criminal courts, including powers in relation to sentence, and
such other matters relating to criminal justice as the Secretary of State may by order prescribe for the purposes of this paragraph.
The Secretary of State may, if he thinks fit to do so in consequence of a criminal justice enactment, by order make provision, in relation to service policemen, service courts, persons subject to service law or proceedings for offences under the services Acts, which is equivalent to that made by— subject to such modifications as he thinks fit.
the criminal justice enactment,
any enactment relating to any of the matters mentioned in subsection (2) which is amended by the criminal justice enactment, or
any subordinate legislation made under the criminal justice enactment or under any Act which is amended by the criminal justice enactment,
In the following provisions of this section “the relevant provision” means the criminal justice enactment, the enactment falling within subsection (3)(b) or the subordinate legislation falling within subsection (3)(c).
An order under subsection (3) may make provision in such way as the Secretary of State thinks fit and may, in particular, apply the relevant provision subject to such modifications as he thinks fit and specifies in the order.
An order under subsection (3) may—
in relation to any relevant provision, be made in relation to all cases to which the order-making power extends or only in relation to specified cases,
make different provision for different cases, including different provision in relation to different service courts, and
amend, repeal or revoke any enactment (including the relevant provision and any enactment contained in this Act).
For the purposes of this section, Chapter 2 of Part 5 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (detention and custody of young offenders) is to be taken to be contained in an Act falling within subsection (1)(a).
In this section any reference to a person subject to service law is a reference to—
a person subject to military law, air-force law or the 1957 Act, or
any other person to whom provisions of Part 2 of the Army Act 1955 (c. 18), Part 2 of the Air Force Act 1955 (c. 19) or Parts 1 and 2 of the 1957 Act apply (whether with or without any modifications).
In this section—
“summary appeal court” means either of the courts established by section 83ZA of the 1955 Acts or the court established by section 52FF of the 1957 Act.
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This section applies where—
an incident has occurred which, in the opinion of an officer designated for the purposes of this subsection in accordance with regulations made by the Defence Council (in this section referred to as “the designated officer”)— death or serious injury to any person or serious damage to any property; and
resulted in, or
created a risk of,
in the opinion of the designated officer, it is possible that one or more persons subject to service law may have caused, or in any way contributed—
to the occurrence of the incident, or
to any death or serious injury to any person or serious damage to any property resulting from it, or to the risk of any such death, injury or damage occurring.
Any designation made for the purposes of subsection (1) may be expressed to have effect only in relation to a particular incident or description of incident.
Where the designated officer is the commanding officer of any person in relation to whom he is of the opinion referred to in subsection (1)(b), the designated officer may request that person to provide a sample for the purpose of ascertaining whether, or to what extent, that person has, or has had, alcohol or drugs in his body.
Where the designated officer is of the opinion referred to in subsection (1)(b) in relation to one or more persons as respects whom he is not the commanding officer, the designated officer may direct the commanding officer of any person specified in the direction, or of persons falling within a class so specified—
to request that person, or (as the case may be) every person appearing to the commanding officer to fall within the specified class, to provide a sample for the purpose referred to in subsection (3); or
to consider whether the commanding officer is of the opinion referred to in subsection (1)(b) in respect of that person or (as the case may be) of any persons falling within the specified class and, if so, to request that person or (as the case may be) every person who appears to him to fall within that class and as to whom he is of that opinion, to provide a sample for the purpose referred to in subsection (3).
The Defence Council may by regulations make provision about the obtaining of samples under subsection (3) or (4) and the testing of such samples; and any such regulations may in particular make provision—
as to the number of samples which a commanding officer may request a person to provide;
as to the circumstances in which a commanding officer may request a person to provide more than one type of sample;
enabling the commanding officer making the request to specify the manner in which the sample is to be provided;
as to the circumstances in which a person who would (apart from regulations made under this paragraph) be liable to be requested to provide a sample under subsection (3) or (4) is not to be so requested;
as to the equipment to be used, and the procedures to be followed, in obtaining samples and conducting tests;
as to the qualifications and training of any persons engaged in obtaining samples and conducting tests.
The results of tests performed on samples provided by a person pursuant to a request made under subsection (3) or (4) shall not be admissible in evidence against— in proceedings before a court-martial, commanding officer or appropriate superior authority.
that person, or
any other person,
The Defence Council may by regulations provide for the delegation—
by a designated officer of his functions under subsections (1), (3) and (4); and
by a commanding officer of his functions under subsection (4).
Nothing in this section—
limits the powers conferred by—
sections 6 and 7 of the Road Traffic Act 1988 (c. 52) (breath tests and provision of specimens for analysis), as applied by section 184 of that Act, or
any provision of Part 5 of the Police and Criminal Evidence Act 1984 (c. 60) as applied by order under section 113(1) of that Act; or
affects the admissibility in any proceedings of evidence obtained under those powers.
Schedule 5 (which contains amendments of the 1955 Acts and the 1957 Act relating to testing for alcohol and drugs) shall have effect.
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The provisions of this section have effect for the interpretation of section 32.
“Drug” means—
a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38), or
any other drug, or description of drug, specified in an order made by the Secretary of State for the purposes of this paragraph.
“Sample” means—
where the sample is requested for the purpose of ascertaining whether, or to what extent, a person has, or has had, alcohol in his body, a sample of urine or breath,
where the sample is requested for the purpose of ascertaining whether, or to what extent, a person has, or has had, drugs in his body, a sample of urine, and
in either case, any other sample specified by the Secretary of State in an order made for the purposes of this paragraph.
The power conferred by subsection (2)(b) includes power to specify a description of drug by reference to the effects or likely effects of taking drugs within that description.
The power conferred by subsection (3)(c) does not include power to specify a sample of blood, semen or other tissue fluid or anything which would have to be provided from a person’s body orifice (other than the mouth).
In the case of a sample falling within subsection (3)(c), any reference to a person being requested to provide a sample includes a reference to a person being requested to consent to the taking from him of a sample.
In section 32, any reference to a person subject to service law is a reference to—
a person subject to military law, air-force law or the 1957 Act, or
subject to subsection (8), a person to whom any provisions of Part 2 of the Army Act 1955 (c. 18) , Part 2 of the Air Force Act 1955 (c. 19) or Parts 1 and 2 of the 1957 Act apply by virtue of—
section 209(1) or (2) of either of the 1955 Acts (application of Act to civilians), or
section 118(1) or (2) of the 1957 Act (application of Act to civilians).
A person is not to be regarded for the purposes of section 32 as a person subject to service law if provisions of either of the 1955 Acts or the 1957 Act apply to him only by virtue of his falling within any description specified in paragraphs 5 to 9 of Schedule 5 to the 1955 Acts or (as the case may be) paragraphs 5 to 9 of Schedule 3 to the 1957 Act.
For the purposes of section 32, the commanding officer of a person subject to service law is—
in relation to a person subject to military law, the officer who would be that person’s commanding officer for the purposes of section 82 of the Army Act 1955 if he were charged with an offence;
in relation to a person subject to air-force law, the officer who would be that person’s commanding officer for the purposes of section 82 of the Air Force Act 1955 if he were charged with an offence;
in relation to a person subject to the 1957 Act or a person to whom provisions of that Act apply by virtue of section 118(1) or (2) of that Act, the officer in command of the ship or naval establishment to which he belongs or any other person who, by virtue of regulations made under section 52E of that Act, would be able to exercise the powers conferred by that Act in relation to that person if he were charged with an offence;
in relation to a person to whom provisions of Part 2 of either of the 1955 Acts apply by virtue of subsection (1) or (2) of section 209 of the Act in question, the person who is by virtue of regulations of the Defence Council made for the purposes of section 209(3)(f) of that Act the commanding officer for the purposes of Part 2 of that Act in relation to him.
Schedule 6 (which contains miscellaneous amendments relating to the armed forces) shall have effect.
Any power of the Secretary of State to make an order or regulations under this Act is exercisable by statutory instrument.
A statutory instrument containing (whether alone or with other provisions)— shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
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an order under section 30 ... which by virtue of section 30(4)(e) ... makes any provision adding to, replacing or omitting any part of the text of an Act,
A statutory instrument which contains—
an order made by the Secretary of State under—
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section 30,
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... or
regulations made by the Secretary of State under— and which is not subject to the requirement in subsection (2) that a draft of the instrument be laid before and approved by a resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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section 26, or
section 27,
Any power of the Secretary of State to make an order or regulations under this Act includes power to make such incidental, consequential or transitional provision as the Secretary of State thinks fit.
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Her Majesty may by Order in Council direct that any of the provisions of this Act specified in subsection (3) shall extend, with such exceptions and modifications as appear to Her Majesty to be appropriate, to the Channel Islands and the Isle of Man.
The provisions referred to in subsection (2) are—
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sections 26 to 28,
section 30,
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The enactments specified in Schedule 7 (which includes enactments that are spent in consequence of section 21(5) of the Human Rights Act 1998 (c. 42) or section 60 of the Youth Justice and Criminal Evidence Act 1999 (c.23)) are repealed to the extent specified in that Schedule.
This Act may be cited as the Armed Forces Act 2001.
Subject to subsections (3) and (4), this Act shall come into force on such day as the Secretary of State may by order appoint.
The following provisions shall come into force on the day on which this Act is passed—
section 1,
section 35,
section 36,
section 37,
this section,
Parts 4 and 5 of Schedule 6, and section 34 so far as relating to those Parts, and
Parts 4 to 6 of Schedule 7, and section 38 so far as relating to those Parts.
The repeal by this Act of section 1 of the Armed Forces Act 1996 (c. 46) shall come into force on 1st September 2001.
An order under subsection (2) may appoint different days for different purposes.
An order under subsection (2) may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the provisions brought into force by the order.
Section 17
“wasted costs” means any costs incurred by a party—
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Section 19
Section 22
Section 29
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In section 35(1) of the Reserve Forces Act 1996 (c. 14) (exercise of certain functions under section 32 or 33 of that Act) after “section” there is inserted “ 31, ”.
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Section 32(9)
Section 34
At the end of section 2 of the Sexual Offences (Amendment) Act 1992 (c. 34) (offences to which that Act applies) there is inserted—
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Section 6 of that Act (interpretation etc.) is amended as follows. In subsection (1)— In subsection (3) after “accused of an offence” there is inserted “ , other than a service offence, ”. After subsection (3) there is inserted—
Section 7 of that Act (application of Act in relation to courts-martial) is amended as follows. In subsection (1), for “section 2(1)” there is substituted “ section 2(4) ”. In subsection (2), paragraph (f) and the word “and” preceding it are omitted.
In section 27(3) of the Judicial Pensions and Retirement Act 1993 (completion of proceedings after retirement), paragraph (f) is omitted.
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In section 30(1)(b) of the Courts-Martial (Appeals) Act 1951 (assistants to Judge Advocate General), there are omitted—
the words “, and such number of officers to be known as Deputy Judge Advocates,”, and
the words “in each case”.
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In section 31 of that Act (qualifications of Judge Advocate General and assistants)—
in subsection (2)—
at the end of paragraph (b) there is inserted “ or ”, and
paragraph (d) and the word “or” preceding it are omitted,
subsection (3) is omitted, and
in subsection (4), for “, an Assistant Judge Advocate General or a Deputy Judge Advocate” there is substituted “ or an Assistant Judge Advocate General ”.
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In section 32(1) of that Act (tenure of Judge Advocate General and assistants) for “, an Assistant Judge Advocate General or a Deputy Judge Advocate” there is substituted “ or an Assistant Judge Advocate General ”.
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which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.
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In section 68 of the Marriage Act 1949 (c. 76) (solemnization of marriages in naval, military and air force chapels)—
in subsection (2)(e), after “daughter” there is inserted “ , son, step-daughter or step-son ”, and
in subsection (3), the words from “and the expression” to the end are omitted.
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Section 38
Short title and chapter Extent of repeal The Criminal Evidence Act 1898 (c. 36) In section 6(1), the words “and disciplinary courts”. The Army Act 1955 (c. 18) In section 57(3), the words “or disciplinary court”. The Air Force Act 1955 (c. 19) In section 57(3), the words “or disciplinary court”. The Naval Discipline Act 1957 (c. 53) In section 38(2), the words “and to a disciplinary court”. Section 52C(5). Section 52G. Section 65(4). Section 70(7). In section 73, the words “and disciplinary courts”. In section 76(6)(a), the words “or disciplinary court”. In section 77(1), the words “or disciplinary court”. In section 95(2), the words “and to disciplinary courts”. In section 129(1), the words “or disciplinary court”, in both places where they occur. In Schedule 5, in the entries relating to section 57 of the Army Act 1955 and section 57 of the Air Force Act 1955, the words from “after the word” to “court”, and”. The Courts-Martial (Appeals) Act 1968 (c. 20) In section 57(1), in the definition of “naval court-martial”, the words “, and includes a disciplinary court”. The Civil Evidence Act 1968 (c. 64) In section 11(6), the words from “or a disciplinary” to “Act of 1957”. The Civil Evidence Act (Northern Ireland) 1971 (c. 36 (N.I.)) In section 7(6), the words from “or a disciplinary” to “Act of 1957” and the words “disciplinary court”. The Police and Criminal Evidence Act 1984 (c. 60) In section 67(12)(a), the words from “or a disciplinary” to “1957”. In section 82(1), in the definition of “court-martial”, the words from “or a disciplinary” to “Act of 1957”. In section 113(11)(a), the words from “or a disciplinary” to “Act of 1957”. The Criminal Justice Act 1988 (c. 33) In section 146, the words from “disciplinary” to “1957,”. In Schedule 13, in paragraph 1, in paragraph (b) of the definition of “Service courts”, the words from “and disciplinary” to “that Act” and in paragraph 7(b) the words from “or disciplinary” to “that Act”. The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) In Article 66(11)(a), the words from “or a disciplinary” to “1957”. In Article 70(2)(b), head (ii) and the word “or” immediately preceding it. The Criminal Justice and Public Order Act 1994 (c. 33) Section 39(2)(g). The Northern Ireland (Emergency Provisions) Act 1996 (c. 22) In section 54(9), in the definition of “criminal proceedings”, the words from “or a disciplinary” to “1957 Act”. The Armed Forces Act 1996 (c. 46) In section 11(4), paragraph (b) of the definition of “service disciplinary proceedings”. In Schedule 1, paragraphs 100, 105, 108, 109(2)(c) and (4)(a) and 111. The Police Act 1997 (c. 50) In section 108(1), in paragraph (a) of the definition of “criminal proceedings” the words from “or a disciplinary” to “Act of 1957”. The Youth Justice and Criminal Evidence Act 1999 (c. 23) In section 63(1), in paragraph (a) of the definition of “service court”, the words from “or a disciplinary” to the end. The Terrorism Act 2000 (c. 11) In section 101(9), in the definition of “criminal proceedings”, the words from “or a disciplinary” to “1957 Act”. The Regulation of Investigatory Powers Act 2000 (c. 23) In section 81(4)(a), sub-paragraph (ii) and the word “or” immediately preceding it. The Freedom of Information Act 2000 (c. 36) In section 29(5), in paragraph (a) of the definition of “criminal proceedings”, the words from “or a disciplinary” to “of 1957”.
Short title and chapter Extent of repeal The Crime (Sentences) Act 1997 (c. 43) Section 55(2). In Schedule 4, paragraphs 1(1) and (4), 2(1) and (4) and 3(1) and (4). The Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) In Schedule 9, paragraphs 8, 13 and 18.
Short title and chapter Extent of repeal The Courts-Martial (Appeals) Act 1951 (c. 46) In section 30(1)(b), the words “, and such number of officers to be known as Deputy Judge Advocates,” and the words “in each case”. In section 31— (a) in subsection (2), paragraph (d) and the word “or” which precedes it, and (b) subsection (3). The Courts and Legal Services Act 1990 (c. 41) In Schedule 11, in the entry relating to an Assistant or Deputy Judge Advocate General, the words “or Deputy”. The Judicial Pensions and Retirement Act 1993 (c. 8) In section 27(3), paragraph (f).
Short title and chapter Extent of repeal The Army Act 1955 (c. 18) In section 31, subsection (1) and, in subsection (2), the words “, in a case not falling within the last foregoing subsection”. In section 68, the proviso. In section 70(3), paragraph (a). In section 71(1), paragraph (a). In section 71A(3), the words from “, nor shall sentence of death” to “when the offence was committed”. In section 85(2), the words “of death or”. In section 96, subsections (3) and (4). Section 112. Section 113(6). Section 121. In section 123— In section 85(2), the words “of death or”.—cont. (a) in subsection (1), the words “Regulations under section one hundred and twenty-one of this Act or” and the words “regulations or”, and (b) in subsection (2), the words “regulations or”. In section 125— (a) in subsection (1), the words “death or” and the words “regulations under section one hundred and twenty-one of this Act or of”, and (b) subsection (2). In section 126— (a) in subsection (1), the words from “sentences of death” to “authorities and”, and (b) in subsection (3), the words “no sentence of death passed by a court-martial shall be executed, and”. Section 128(1). In section 129 (1) the words— (a) “regulations under section one hundred and twenty-one of this Act or”, (b) “regulations or”, and (c) “execution of the sentence is completed or”. In section 209(3)(a)(i), after the word “paragraphs”, the letter “(a),”. Section 214(3). Section 215(4). In Schedule 5A— (a) in the Table at paragraph 15, the first entry in each of the first and second columns, and (b) in the Note to the Table, the words from the “or” at the end of paragraph (a) to “first and second columns, and”. The Air Force Act 1955 (c. 19) In section 31, subsection (1) and, in subsection (2), the words “, in a case not falling within the last foregoing subsection”. In section 68, the proviso. In section 70(3), paragraph (a). In section 71(1), paragraph (a). In section 71A(3), the words from “, nor shall sentence of death” to “when the offence was committed”. In section 85(2), the words “of death or”. In section 96, subsections (3) and (4). Section 112. Section 113(6). Section 121. In section 123— (a) in subsection (1), the words “Regulations under section one hundred and twenty-one of this Act or” and the words “regulations or”, and (b) in subsection (2), the words “regulations or”. In section 125— (a) in subsection (1), the words “death or” and the words “regulations under section one hundred and twenty-one of this Act or of”, and (b) subsection (2). In section 126— (a) in subsection (1), the words from “sentences of death” to “those authorities and”, and (b) in subsection (3), the words “no sentence of death passed by a court-martial shall be executed, and”. Section 128(1). In section 129 (1) the words— (a) “regulations under section one hundred and twenty-one of this Act or”, (b) “regulations or”, and (c) “execution of the sentence is completed or”. In section 209(3)(a)(i), after the word “paragraphs”, the letter “(a),”. Section 212(3). Section 213(4). In Schedule 5A— (a) in the Table at paragraph 15, the first entry in each of the first and second columns, and (b) in the Note to the Table, the words from the “or” at the end of paragraph (a) to “first and second columns, and”. The Naval Discipline Act 1957 (c. 53) In section 9, subsection (1) and, in subsection (2), the words “not described in the foregoing subsection”. In section 10, the words from “, if the offence is committed” to “in any other case,”. In section 40, the proviso to the section. In section 42(1), paragraph (a). In section 43(1), paragraph (a). In section 43A(3), the words from “nor shall sentence of death” to “when the offence was committed”. In section 62, subsections (4) and (5). Section 70(6). Sections 78 to 80. Section 123(4). Section 124(2). In section 125(2), the words “80 and”. In Schedule 4A— (a) in the Table at paragraph 15, the first entry in each of the first and second columns, and (b) in the Note to the Table, the words from the “or” at the end of paragraph (a) to “first and second columns, and”.
Short title and chapter Extent of repeal The Army Act 1955 (c. 18) Section 200A. The Air Force Act 1955 (c. 19) Section 200A. The Courts-Martial (Appeals) Act 1968 (c. 20) Section 37A. The Armed Forces Act 1976 (c. 52) In Schedule 3, paragraph 17A. The Police and Criminal Evidence Act 1984 (c. 60) In Schedule 6, paragraphs 28(4), 29(4), 34 and 36.
Short title and chapter Extent of repeal The Naval Discipline Act 1957 (c. 53) In section 111, in subsection (1), the words “and Queen Alexandra’s Royal Naval Nursing Service” and, in subsection (2), the words “or of Queen Alexandra’s Royal Naval Nursing Service”. In section 132(5), the words “Queen Alexandra’s Royal Naval Nursing Service”. The Armed Forces Act 1976 (c. 52) In section 6(9)(b), the words “or Queen Alexandra’s Royal Naval Nursing Service”. The Armed Forces Act 1981 (c. 55) Section 20(2). Part 3 of Schedule 3.
Short title and chapter Extent of repeal The Marriage Act 1949 (c. 76) In section 68(3), the words from “and the expression” to the end. The Army Act 1955 (c. 18) In section 75L(2), the word “or” at the end of paragraph (a). Section 209(3C). Paragraph 2A(13) of Schedule 5A. In paragraph 9 of Schedule 6, the words “and one hundred and eighty”. The Air Force Act 1955 (c. 19) In section 75L(2), the word “or” at the end of paragraph (a). Section 209(3C). Paragraph 2A(13) of Schedule 5A. In paragraph 9 of Schedule 6, the words “and one hundred and eighty”. The Naval Discipline Act 1957 (c. 53) In section 12A(1), the words “on conviction by court-martial”. In section 42(1), the words “subject to section 43A below be liable”. In section 47M(2), the word “or” at the end of paragraph (a). Paragraph 4B of Schedule 4. The Courts-Martial (Appeals) Act 1968 (c. 20) In section 42, in subsection (1) the words “to whom this section applies”, and subsection (2). The Sexual Offences (Amendment) Act 1992 (c. 34) In section 7(2), paragraph (f) and the word “and” preceding it. The Reserve Forces Act 1996 (c. 14) In section 41(4), the word “been”. The Armed Forces Act 1996 (c. 46) Section 1.