UKPGA-2021-35 Armed Forces Act 2021 UK

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

after paragraph (a) insert—

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

after subsection (6) insert—

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

subsection (4) is amended as follows—

after subsection (4) insert—

omit “(a “full-time service commitment”)”;

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

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

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

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

in paragraph (a), omit “concerned”.

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 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)—

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

transitional provision.

after paragraph (a) insert— ;

after paragraph (c) insert— .

after paragraph (a) insert— ;

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

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

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

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 the heading, after “to” insert “the service police and other”;

after subsection (1) insert—

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.

after paragraph (a) insert— ;

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

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

after paragraph (a) insert— ;

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

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

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

in subsection (1), in the table, after row 13 (as inserted by section 14 above) insert—;

after subsection (5) insert—

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 paragraph 1(1), in the table, after row 8 (as inserted by section 14 above) insert—;

in paragraph 3(1), in the table, after row 11 (as inserted by section 14 above) insert—.

in subsection (3)—

for subsection (4) substitute— ;

omit subsection (5).

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

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

in subsection (3)—

omit subsection (8).

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

after paragraph (c) insert—

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.

are to be made by statutory instrument, and

may make different provision for different purposes.

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).

the Isle of Man, and

the British overseas territories, except Gibraltar.

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 Reserve Forces Act 1996 is amended as follows.

in the words before paragraph (a), for “full-time service” substitute “section 24”;

in paragraph (a), for “full-time service”, in the first place it occurs, substitute “section 24”, and omit “full-time” in the second place it occurs.

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.

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).

In section 367 (persons subject to service law: regular and reserve forces), in subsection (2)(c), omit “full-time”.

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.

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 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 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 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 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 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)—

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)”.

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—

After Schedule 14 to AFA 2006 insert—

In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records), at the appropriate place insert—

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), at the appropriate place insert—

In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices), at the appropriate place insert—

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities), at the appropriate place insert—

In section 47 of the Coroners and Justice Act 2009 (interested person)—

in subsection (2), after paragraph (k) insert—;

after subsection (5) insert—

In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities, general), under the heading “Armed forces”, at the appropriate place insert—

In Schedule 7 to the Data Protection Act 2018 (competent authorities), after paragraph 18 insert—

after paragraph (b) insert—;

in paragraph (d), for “(c)” substitute “(ba)”.

after sub-paragraph (b) insert—;

in sub-paragraph (c), for “or (b)” substitute “to (ba)”.

The Criminal Appeal Act 1995 is amended as follows.

in the words before paragraph (a), for “a Provost Marshal” substitute “the Provost Marshal of a service police force”;

in paragraph (a), for the words from “the” to “Marshal” substitute “that service police force”;

for paragraph (b) substitute—

in paragraph (b), for the words from “a police” to “body” substitute “a body mentioned in subsection (4)(b), (4A)(b), (4B)(b) or (5)(b)”;

in the words after paragraph (b), after “(4A)” insert “, (4B)”.

in the words before paragraph (a), after “body” insert “or by the Provost Marshal for serious crime”;

in paragraph (a), after “body” insert “or (as the case requires) the Provost Marshal for serious crime”.

In section 20 (inquiries by investigating officers), after subsection (2) insert—

The Police Act 1997 is amended as follows.

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 8 to the Terrorism Act 2000 (detention), in paragraph 20J, in the definition of “police force”, after paragraph (l) insert—.

The Regulation of Investigatory Powers Act 2000 is amended as follows.

In section 32 (authorisation of intrusive surveillance), in subsection (6), after paragraph (i) insert—.

in the words before paragraph (a), after “police,” insert “tri-service serious crime unit,”;

after paragraph (a) insert—;

in paragraph (c), after “(a)” insert “or for a person falling within paragraph (aa)”.

after paragraph (a) insert—;

in paragraph (f), for “(a) to (i)” substitute “(a) to (h) or (i)”.

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—.

In Schedule 1 (regulation of relevant public authorities), after paragraph A1 insert—

In section 137 of the Sexual Offences Act 2003 (service courts), in subsection (4), at the appropriate place insert—.

AFA 2006 is amended as follows.

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—.

In section 18E of the Counter-Terrorism Act 2008 (sections 18 to 18E: supplementary provisions) subsection (1) is amended as follows.

In the definition of “law enforcement authority”, after paragraph (a) insert—.

In the definition of “the responsible officer”, after paragraph (d) insert—.

At the appropriate place insert—

The Coroners and Justice Act 2009 is amended as follows.

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”.

In section 48 (interpretation: general), in subsection (1), at the appropriate place 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”.

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,”.

In Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 (fingerprints and samples), in paragraph 14—

in the definition of “police force”, after paragraph (l) insert—;

at the appropriate place insert—

The Investigatory Powers Act 2016 is amended as follows.

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”.

In section 57 (duty not to make unauthorised disclosures), in subsection (3)(c), at the end insert “or the tri-service serious crime unit”.

In section 263 (general definitions), in subsection (1), at the appropriate place insert—.

In Schedule 4 (relevant public authorities and designated senior officers etc.), in the table in Part 1, after the entry relating to the Royal Air Force Police insert—.

In Part 1 of the table in Schedule 6 (issue of warrants under section 106 etc), after the entry relating to the Provost Marshal of the Royal Air Force Police insert—

In Schedule 7 to the Data Protection Act 2018 (competent authorities), after paragraph 15 insert—

In Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (border security), in paragraph 51—

in the definition of “police force”, after paragraph (l) insert—;

at the appropriate place insert—

In section 7 of the Overseas Operations (Service Personnel and Veterans) Act 2021 (general interpretation etc), in subsection (4)—

in the definition of “investigating authority”, after paragraph (a) insert—;

at the appropriate place insert—.

The Armed Forces Act 1991 is amended as follows.

In section 18 (intentional obstruction)—

in subsection (8A) for “12” substitute “14”;

in subsection (8B)—

in subsection (8C)—

In section 20 (intentional obstruction or failure to comply with exclusion requirement)—

in subsection (9A) for “12” substitute “14”;

in subsection (9B)—

in subsection (9C)—

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)—

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)—

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—

in paragraph 4—