Armed Forces Bill

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382 Duration of this Act

(1) This Act expires at the end of one year beginning with the day on which the Armed Forces Act 2026 is passed (but this is subject to subsection (2)).

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

(3) Such an Order may not provide for the continuation of this Act beyond the end of the year 2031.

(4) No recommendation may be made to His 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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343AZA Duty to have due regard to the covenant

(1) This section applies where, and so far as, a person specified in subsection (4) exercises a public function which relates to a matter which—

(a) is specified in subsection (5), and

(b) is a relevant matter in relation to that person.

(2) In exercising the function, the person must have due regard to—

(a) the unique obligations of, and sacrifices made by, the armed forces,

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

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

(3) For the purposes of this section, disadvantage arising for service people from membership, or former membership, of the armed forces is to be assessed by reference to others in comparable circumstances who are not, or were not, service people.

(4) The specified persons are—

(a) a national authority;

(b) a local authority;

(c) an education body;

(d) a health body.

(5) The specified matters are—

(a) childcare;

(b) education and training;

(c) employment;

(d) health and social care;

(e) housing;

(f) social security benefits;

(g) personal taxation;

(h) criminal justice;

(i) transport;

(j) pensions;

(k) immigration and citizenship;

(l) armed forces compensation.

(6) The “relevant matters” are—

(a) in relation to a national authority, each matter specified in subsection (5);

(b) in relation to a local authority other than the Northern Ireland Housing Executive, the matters specified in paragraphs (a) to (i) of subsection (5);

(c) in relation to the Northern Ireland Housing Executive, the matters specified in paragraphs (c) and (e) of subsection (5);

(d) in relation to an education body, the matters specified in paragraphs (a) to (c) of subsection (5);

(e) in relation to a health body, the matters specified in paragraphs (c) and (d) of subsection (5).

(7) In this section—

armed forces compensation means compensation in respect of a matter arising in consequence of a service member’s membership of the armed forces that is payable to—

(a) that service member, or

(b) a person who is a relevant family member by reason of connection with that service member;

public function means a function that is a function of a public nature for the purposes of the Human Rights Act 1998.

(8) See section 343AZB for the meaning of other terms used in this section.

343AZB Meaning of “national authority” etc

(1) This section applies for the purposes of section 343AZA.

(2) “National authority” means—

(a) a Minister of the Crown, within the meaning of the Ministers of the Crown Act 1975;

(b) the Welsh Ministers;

(c) the Scottish Ministers;

(d) the First Minister and deputy First Minister in Northern Ireland acting jointly, a Northern Ireland Minister or a Northern Ireland department.

(3) “Local authority” means—

(a) in relation to England, a county council in England, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b) in relation to Wales, the council of a county or county borough in Wales;

(c) in relation to Scotland—

(i) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(ii) a local authority landlord, within the meaning of the Housing (Scotland) Act 2001 (asp 10) (see section 11(3) of that Act);

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

(d) in relation to Northern Ireland, the Northern Ireland Housing Executive.

(4) “Education body” means—

(a) in relation to England—

(i) the governing body of a maintained school;

(ii) the proprietor of an Academy, within the meaning of the Education Act 1996 (see section 579(1) of that Act);

(iii) a school which is approved under section 342 of the Education Act 1996 (non-maintained special schools);

(iv) the governing body of an institution within the further education sector in England, within the meaning of the Further and Higher Education Act 1992 (see sections 90 and 91 of that Act);

(v) a special post-16 institution, within the meaning of Part 3 of the Children and Families Act 2014 (see section 83 of that Act);

(b) in relation to Wales, the governing body of a maintained school;

(c) in relation to Scotland, a person in their capacity as an appropriate agency for the purposes of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) (see section 23 of that Act);

(d) in relation to Northern Ireland—

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

(ii) the Board of Governors of a grant-aided school, within the meaning of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3)) (see Article 2(2) of that Order).

(5) “Health body” means—

(a) in relation to England—

(i) NHS England;

(ii) an integrated care board established under section 14Z25 of the National Health Service Act 2006;

(iii) a National Health Service trust in England;

(iv) an NHS foundation trust;

(b) in relation to Wales—

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

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

(iii) a National Health Service trust in Wales;

(c) in relation to Scotland—

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

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

(iii) the Common Services Agency for the Scottish Health Service;

(d) in relation to Northern Ireland—

(i) a Local Commissioning Group appointed under section 9 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.I.));

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

(6) In this section—

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

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

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

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

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Part 16C — Defence housing and other property

Chapter 1 — Defence Housing Service

343D Defence Housing Service

(1) A body corporate called the Defence Housing Service is established.

(2) The Defence Housing Service has—

(a) the functions mentioned in section 343E, and

(b) the powers mentioned in section 343F.

(3) Part 1 of Schedule 11A contains further provision about the Defence Housing Service.

343E Functions

(1) The Defence Housing Service has the general functions of—

(a) improving the supply and quality of defence housing,

(b) managing land or other property used (or formerly used) for defence purposes,

(c) securing the regeneration or development of such land or other property, and

(d) supporting in other ways—

(i) the creation, regeneration or development of service communities, and

(ii) the continued wellbeing of those communities.

(2) The Defence Housing Service has such further functions as are conferred—

(a) by or under this Act or any other enactment, or

(b) in the case of functions exercisable by a Minister of the Crown, by a direction in writing given by the Secretary of State for the purposes of this Part.

(3) The ways in which the Defence Housing Service may exercise its functions include (for example)—

(a) generating, or collecting, income or profit from land or other property;

(b) managing land or other property on behalf of the Secretary of State or any other person.

(4) Functions conferred by direction under subsection (2)(b) may include particular functions to be carried out as part of the Defence Housing Service’s general functions.

(5) In exercising its functions the Defence Housing Service must—

(a) comply with any requirement contained in an agreement entered into between it and the Secretary of State for the purposes of this Part, and

(b) have regard to guidance issued by the Secretary of State for those purposes.

(6) The requirements mentioned in subsection (5)(a) must (in particular) include requirements to ensure that service family accommodation provided by or on behalf of the Defence Housing Service meets such standards as may be set out in, or otherwise provided for by, the agreement.

(7) A direction given by the Secretary of State for the purposes of this Part—

(a) must be published in such manner as the Secretary of State thinks appropriate;

(b) may be varied or revoked by a further direction.

(8) In this section—

defence housing means—

(a) service family accommodation,

(b) other premises used as living accommodation—

(i) for, or in connection with, defence purposes, or

(ii) in accordance with an authorisation given by the Secretary of State with responsibility for defence, or

(c) premises used for, or in connection with, the provision of services or facilities to persons living in service family accommodation or in premises mentioned in paragraph (b);

defence purposes means the purposes of—

(a) any of His Majesty’s forces, or

(b) a body, contingent or detachment of the forces of a country that is a visiting force for the purposes of any provision of the Visiting Forces Act 1952,

or any other purposes of the department of the Secretary of State with responsibility for defence;

premises has the same meaning as in Part 3 (see section 96(3));

requirement includes any prohibition or restriction;

service community means a community consisting of or including—

(a) service families, or

(b) others who live in defence housing;

service family means—

(a) a person who is subject to service law, or who was formerly subject to service law, and members, or former members, of their family, or

(b) a person who is a civilian subject to service discipline, or who was formerly subject to service discipline, and members, or former members, of their family;

service family accommodation means any building or part of a building which is provided for the use of service families (or any members of such families) as living accommodation.

343F Powers

(1) The Defence Housing Service may do anything it thinks appropriate for the purposes of, or in connection with, the exercise of its functions.

(2) Under the power conferred by subsection (1) the Defence Housing Service may (among other things)—

(a) enter into contracts and other agreements (whether legally binding or not);

(b) acquire and dispose of land or other property;

(c) borrow or lend money;

(d) accept gifts of money, land or other property;

(e) give assistance (including financial assistance) to other persons;

(f) form, participate in forming, or invest in, a company, partnership, joint venture or other similar form of organisation.

(3) The Defence Housing Service may borrow money (as mentioned in subsection (2)(c)) only with the consent of the Treasury.

343G Transfer of property and staff

(1) The Secretary of State may make one or more schemes for the transfer to the Defence Housing Service of property, rights or liabilities specified in the scheme.

(2) A scheme under this section may not specify property, rights or liabilities belonging to—

(a) His Majesty in right of the Crown and forming part of the Crown Estate,

(b) His Majesty in right of His private estates, as construed in accordance with section 1 of the Crown Private Estates Act 1862,

(c) His Majesty in right of the Duchy of Lancaster, or

(d) the Duchy of Cornwall.

(3) The reference in subsection (1) to the Defence Housing Service includes a company formed by the Defence Housing Service.

(4) In Schedule 11A—

(a) Part 2 makes further provision about schemes under this section;

(b) Part 3 makes provision for the Treasury to make regulations about the tax treatment of transfers under such schemes.

Chapter 2 — Compulsory purchase for defence housing and other purposes

343H Compulsory purchase powers of Defence Housing Service

(1) The Defence Housing Service may acquire land in England or Wales compulsorily if the Secretary of State authorises it to do so.

(2) The power under subsection (1) may be exercised in relation to land only if the Defence Housing Service requires the land for purposes connected with any of its functions.

(3) The power under subsection (1) includes power to acquire new rights over land.

(4) Subsection (5) applies where—

(a) land or new rights over land are being acquired compulsorily under subsection (1), and

(b) any of the land which is being acquired, or over which new rights are being acquired, is land which has been acquired by statutory undertakers for the purposes of their undertaking.

(5) The power under subsection (1) includes power to acquire land compulsorily for giving in replacement for the land or (as the case may be) new rights mentioned in subsection (4)(b).

(6) Subsection (7) applies where—

(a) land or new rights over land are being acquired compulsorily under subsection (1), and

(b) any of the land which is being acquired, or over which new rights are being acquired, is or forms part of a common, open space or fuel or field garden allotment.

(7) The power under subsection (1) includes power to acquire land compulsorily for giving in exchange for the land or (as the case may be) new rights mentioned in subsection (6)(b).

(8) Part 4 of Schedule 11A makes further provision in relation to compulsory acquisition by the Defence Housing Service under this section.

(9) This section does not apply in relation to Crown land.

(10) In this section—

common, “fuel or field garden allotment” and “open space” have the same meanings as in section 19 of the Acquisition of Land Act 1981;

Crown land has the same meaning as in Part 13 of the Town and Country Planning Act 1990 (see section 293 of that Act);

statutory undertakers has the same meaning as in section 16 of the Acquisition of Land Act 1981.

343I Compulsory purchase powers of Secretary of State

(1) The Secretary of State may acquire land in England or Wales compulsorily if the Secretary of State requires the land for defence purposes, within the meaning given by section 343E(8).

(2) Section 343H(3) to (10) and Part 4 of Schedule 11A apply in relation to (or to matters connected with) the compulsory acquisition of land by the Secretary of State under subsection (1) as they apply in relation to (or to matters connected with) the compulsory acquisition of land by the Defence Housing Service.

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Part 16D — Uncrewed devices

343J Authorisations to interfere with uncrewed devices

(1) An authorising officer may authorise the use of approved equipment for the purpose of—

(a) preventing or detecting the use of an uncrewed device in the commission of a relevant offence in relation to a defence area or defence property, or

(b) mitigating the risk of an uncrewed device being so used.

(2) An authorisation may be given under subsection (1) only if the authorising officer believes—

(a) an uncrewed device has been or is being used in the commission of a relevant offence in relation to a defence area or defence property or there is a risk of it being so used, and

(b) it is appropriate in the interests of national security for the authorisation to be given.

(3) An authorisation under this Part—

(a) must be given in writing;

(b) must specify the defence area, or the defence property or description of property, in relation to which the use of the approved equipment is authorised;

(c) must specify the required seniority of the person who is to act as the responsible person in relation to the specified defence area or defence property (see section 343M);

(d) must specify the period for which the authorisation has effect;

(e) may be given generally in respect of approved equipment or only in respect of such descriptions of approved equipment as are specified in the authorisation.

(4) The required seniority specified under subsection (3)(c) must be such as to secure that the person who acts as the responsible person is—

(a) a member of His Majesty’s Forces of at least the rank of Lieutenant Commander, Major or Squadron Leader, or

(b) a member of the civil service of the State of a description of seniority specified in a notice published by the Secretary of State for the purposes of this section.

(5) The period specified under subsection (3)(d) may not be more than 12 months beginning with the day on which the authorisation takes effect.

(6) An application for an authorisation under this Part may be made only by—

(a) a person subject to service law,

(b) a civilian subject to service discipline, or

(c) a member of the civil service of the State working in the Ministry of Defence.

(7) In this Part—

approved equipment means any equipment approved by notice in writing for the purposes of this Part by the Secretary of State;

authorising officer means—

(a) a member of His Majesty’s forces of at least the rank of Rear-Admiral, Major General or Air Vice-Marshall, or

(b) a member of the Senior Civil Service of a description of seniority specified in a notice published by the Secretary of State for the purposes of this section;

defence area and “defence property” have the meanings given by section 343P;

relevant offence has the meaning given by section 343Q;

uncrewed device means any device operating or designed to operate autonomously, or to be controlled remotely without a natural person on board.

343K Testing or training activities

(1) An authorisation under this Part may be given for purposes relating to testing activities or training activities in addition to, or instead of, the purposes mentioned in 343J(1).

(2) “Testing activities” are activities relating to the testing, maintenance or development of the approved equipment to which the authorisation relates.

(3) “Training activities” are activities relating to the training of persons to use approved equipment for the purpose of—

(a) preventing or detecting the use of an uncrewed device in the commission of a relevant offence, or

(b) mitigating the risk of an uncrewed device being so used.

(4) Section 343J(2) does not apply so far as relating to an authorisation given for purposes relating to testing activities or training activities.

343L Effect of authorisation

(1) Any action is for all purposes lawful so far as it is authorised by an authorisation under this Part that is given for the purposes mentioned in section 343J(1).

(2) The action mentioned in subsection (1) includes (but is not limited to) interference with an uncrewed device at any place in the United Kingdom (including in, above or below the territorial sea adjacent to the United Kingdom).

(3) Interference with an uncrewed device may include its seizure and retention.

(4) Where an uncrewed device is seized and retained, it must (if not returned sooner to the device’s owner or other appropriate person) be delivered to a constable before the end of—

(a) 72 hours beginning with the time of its seizure, or

(b) if the device was seized in, above or below the territorial sea adjacent to the United Kingdom, 72 hours beginning with the time when the device first reaches land in the United Kingdom.

(5) In relation to property which is in the possession of a constable by virtue of subsection (4)—

(a) the Police (Property) Act 1897 applies as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act;

(b) Part 6 of the Civic Government (Scotland) Act 1982 applies as it applies to property which has come into the possession of a constable in the circumstances mentioned in that Part (but references in that Part to action which may or must be taken in relation to the finder of property are to be disregarded);

(c) section 31 of the Police (Northern Ireland) Act 1998 applies as it applies to property which has come into the possession of the police in the circumstances mentioned in that section.

(6) No criminal liability is incurred in respect of any action so far as it is authorised by an authorisation under this Part that is given for purposes relating to testing activities or training activities, within the meaning of section 343K.

(7) Nothing in this Part authorises the taking of any action that is prohibited by any of Parts 1 to 7, or Chapter 1 of Part 9, of the Investigatory Powers Act 2016.

343M Responsible person

(1) This section applies where an authorisation under this Part is given to use approved equipment in relation to a defence area or defence property.

(2) The equipment may be used only if a responsible person in relation to the area or property is satisfied that—

(a) the equipment will at all times be used in accordance with the authorisation, and

(b) so far as the authorisation is given for the purposes mentioned in section 343J(1), it is necessary and proportionate for the equipment to be so used for those purposes.

(3) The reference in subsection (2) to a “responsible person” is to a person of the required seniority specified in the authorisation in relation to the defence area or defence property (see section 343J(3)(c)).

343N Authorisation in absence of authorising officer

(1) This section applies where—

(a) an application for an authorisation under this Part requires urgent consideration, and

(b) it is not reasonably practicable for an authorising officer to consider the application.

(2) The power conferred by section 343J on an authorising officer to give an authorisation under this Part may instead be exercised by a person designated for the purposes of this Part by an authorising officer (and for this purpose the reference to the authorising officer in section 343J(2) is to be taken as a reference to the designated person).

(3) A person may be designated under subsection (2) only if the person is—

(a) a member of His Majesty’s forces of at least the rank of commodore, brigadier or air commodore, or

(b) a member of the Senior Civil Service of a description of seniority specified in a notice published by the Secretary of State for the purposes of this section.

(4) An authorisation under this Part given by virtue of this section—

(a) may be given orally;

(b) ceases to have effect at the end of 72 hours beginning with the time when the authorisation takes effect,

(and section 343J(3)(a) and (5) do not apply to such an authorisation).

343O Renewal etc of authorisations

(1) An authorisation under this Part given by an authorising officer may be renewed—

(a) by an authorising officer, for a period of no more than 12 months beginning with the day on which the authorisation would otherwise cease to have effect;

(b) by a designated person, on one occasion only for a period of no more than 72 hours beginning with the time when the authorisation would otherwise cease to have effect.

(2) An authorisation under this Part given by a designated person may be renewed—

(a) by an authorising officer, for a period of no more than 12 months beginning with the day on which the authorisation would otherwise cease to have effect;

(b) by a designated person, on one occasion only for a period of no more than 72 hours beginning with the time when the authorisation would otherwise cease to have effect.

(3) An authorisation under this Part may be varied or revoked by an authorising officer.

(4) The requirements of this Part apply to the renewal or variation of an authorisation as they apply when an authorisation is first given.

(5) In this section “designated person” means a person designated for the purposes of this Part under section 343N.

343P “Defence area” and “defence property”

(1) In this Part “defence area” means an area of a description mentioned in subsection (3) which is used—

(a) for UK defence purposes, or

(b) for the purposes of the defence of a foreign country or territory.

(2) In this Part “defence property” means any property in the United Kingdom used for the purposes mentioned in subsection (1)(a) or (b).

(3) The descriptions of area referred to in subsection (1) are—

(a) any land (including Crown land) or building in the United Kingdom;

(b) any area of sea, tidal water or shore to which a byelaw has effect by virtue of—

(i) section 2 of the Military Lands Act 1900, or

(ii) section 7 of the Land Powers (Defence) Act 1958;

(c) any area of water within a dockyard port, within the meaning of the Dockyard Ports Regulation Act 1865, to which an Order in Council under section 5 of that Act has effect.

(4) In subsection (1), “used for UK defence purposes” means used for the purposes of—

(a) the activities of any of His Majesty’s forces,

(b) the invention, development, production, operation, storage or disposal of weapons or other equipment or capabilities of those forces and research relating to it,

(c) United Kingdom defence policy and strategy and military planning and intelligence, or

(d) plans and measures for the maintenance of essential supplies and services that are or would be needed by the United Kingdom in time of war.

(5) In subsection (1), “used for the purposes of the defence of a foreign country or territory” means used for the purposes of—

(a) the activities of the armed forces of the foreign country or territory,

(b) the invention, development, production, operation, storage or disposal of weapons or other equipment or capabilities of those forces and research relating to it, or

(c) the development of the capabilities of those forces.

(6) In this section—

building includes any part of a building;

Crown interest means—

(a) an interest belonging to His Majesty in right of the Crown or in right of His Majesty’s private estates, or

(b) an interest belonging to a United Kingdom government department or held in trust for His Majesty for the purposes of a United Kingdom government department;

Crown land means any land or building in which there is a Crown interest or Duchy interest;

Duchy interest means an interest belonging to His Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall;

foreign country or territory means a country or territory outside the United Kingdom, the Channel Islands, the Isle of Man or the British Overseas Territories.

(7) In subsection (6) the reference to His Majesty’s private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862.

343Q Relevant offences

(1) In this Part “relevant offence” means—

(a) an offence under any of the following provisions of the National Security Act 2023—

(i) section 1 (obtaining or disclosing protected information);

(ii) section 3 (assisting a foreign intelligence service);

(iii) section 4 (entering etc a prohibited place for a purpose prejudicial to the UK);

(iv) section 5 (unauthorised entry etc to a prohibited place);

(v) section 6(4) (breach of an order under section 6(1) of that Act);

(vi) section 11(4) (breach of order under section 11(1) of that Act);

(vii) section 12 (sabotage);

(viii) section 18 (preparatory conduct);

(b) an offence under section 58 of the Terrorism Act 2000 (collection of information);

(c) an offence under either of the following provisions of the Merchant Shipping Act 1995—

(i) section 58 (conduct endangering ships, structures or individuals);

(ii) section 100(3) (owner liable for unsafe operation of ship);

(d) an offence under section 11 of the Aviation and Maritime Security Act 1990 (destroying ships or fixed platforms or endangering their safety);

(e) an offence under any of the following provisions of the Air Navigation Order 2016 (S.I. 2016/765)—

(i) Article 94A (certain unmanned aircraft: permission for flights over or near aerodromes);

(ii) Article 239(4) (prohibited or restricted flying);

(iii) Article 240 (endangering safety of an aircraft);

(iv) Article 241 (endangering safety of any person or property);

(f) an offence against a byelaw made under Part 2 of the Military Lands Act 1892 (byelaws as to land used for military purposes);

(g) an offence under an Order in Council made under section 5 of the Dockyard Ports Regulation Act 1865 (regulations in relation to dockyard ports).

(2) The Secretary of State may by regulations amend subsection (1) so as to add or remove an offence.

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(eh) regulations under section 343Q(2),

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5B Service restraining orders

(1) This section applies where—

(a) a person is subject to an order made by the Court Martial or the Service Civilian Court under section 229 of the Armed Forces Act 2006 (a “service restraining order”)—

(i) after the court acquitted the person of an offence, or

(ii) in respect of a case remitted to the court under section 230(3) of that Act, and

(b) the person is no longer subject to service law or a civilian subject to service discipline.

(2) The service restraining order is to be treated as an order made by the Crown Court under section 5A (restraining orders on acquittal) in respect of the person, subject as follows.

(3) Section 5A applies as if—

(a) subsections (1) and (2) were omitted;

(b) in subsections (2B) and (2D), references to “the defendant” were to the person in respect of whom the service restraining order was made;

(c) in subsection (2B)—

(i) the reference to “the prosecutor” were to a relevant chief officer of police;

(ii) the reference to “the court that made the order” were to the Crown Court;

(d) subsections (3) to (5) were omitted.

(4) In this section—

chief officer of police means—

(a) the chief constable of a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

(b) the Commissioner of Police of the Metropolis;

(c) the Commissioner of Police for the City of London;

civilian subject to service discipline has the same meaning as in the Armed Forces Act 2006 (see section 370 of that Act);

relevant chief officer of police, in relation to an application under section 5A(2B) (as modified by subsection (3) of this section) to vary or discharge an order under section 229 of the Armed Forces Act 2006 to which a person is subject, means—

(a) the chief officer of police for the area in which the person resides, and

(b) a chief officer of police who believes that the person is in, or is intending to come to, that chief officer’s police area;

subject to service law has the same meaning as in the Armed Forces Act 2006 (see section 374 of that Act).

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363A Service restraining orders

(1) This section applies where—

(a) a person is subject to an order made by the Court Martial or the Service Civilian Court under section 229 of the Armed Forces Act 2006 (a “service restraining order”) on conviction of the person for an offence, and

(b) the person is no longer subject to service law or a civilian subject to service discipline.

(2) The service restraining order is to be treated as an order made by the Crown Court under section 360 against the person, subject as follows.

(3) Section 361(1) (persons who may apply to vary or discharge an order) applies as if—

(a) the reference to “the prosecution” were to a relevant chief officer of police (and section 362(2) is to be read accordingly);

(b) the reference to “the court which made the order” were to the Crown Court.

(4) In this section—

chief officer of police means—

(a) the chief constable of a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

(b) the Commissioner of Police of the Metropolis;

(c) the Commissioner of Police for the City of London;

civilian subject to service discipline has the same meaning as in the Armed Forces Act 2006 (see section 370 of that Act);

relevant chief officer of police, in relation to an application under section 361 (as modified by subsection (3) of this section) to vary or discharge a service restraining order to which a person is subject, means—

(a) the chief officer of police for the area in which the person resides, and

(b) a chief officer of police who believes that the person is in, or is intending to come to, that chief officer’s police area;

subject to service law has the same meaning as in the Armed Forces Act 2006 (see section 374 of that Act).

”

“

Chapter 3B — Guidance issued to UK police forces

320E Provost Marshal’s duty to have regard to guidance

(1) A Provost Marshal must have regard to any relevant guidance issued by the Secretary of State.

(2) Each of the following is “relevant guidance”—

(a) guidance issued under section 103J of the Sexual Offences Act 2003 (guidance about sexual harm prevention orders and interim sexual harm prevention orders);

(b) guidance issued under section 122J of that Act (guidance about sexual risk orders and interim sexual risk orders);

(c) guidance issued under section 12A of the Stalking Protection Act 2019 (guidance about disclosure of police information for purpose of protecting persons from risks associated with stalking);

(d) guidance issued under section 77 of the Domestic Abuse Act 2021 (guidance about disclosure of police information for purposes of preventing domestic abuse);

(e) guidance issued under section (Guidance about disclosure of information by police for purpose of preventing sex offending) of the Crime and Policing Act 2026 (guidance about disclosure of police information for purpose of preventing sex offending).

(3) For the purposes of complying with the duty in subsection (1), relevant guidance is to be read as if—

(a) it were issued by the Secretary of State to the Provost Marshal, and

(b) in the case of guidance about disclosure of police information, it related to disclosure of information held by the service police force for which the Provost Marshal is responsible.

(4) For the purposes of this section, the tri-service serious crime unit is to be regarded as a service police force.

”

“

Part 13A — Victims of service offences

Meaning of “victim of a service offence”

327A Meaning of “victim of a service offence”

(1) In this Part, “victim of a service offence” means a person who has suffered harm as a direct result of—

(a) being subjected to conduct which constitutes a service offence, or

(b) one or more of the circumstances mentioned in subsection (2).

(2) The circumstances are—

(a) where the person has seen, heard, or otherwise directly experienced the effects of conduct at the time it occurred and the conduct constitutes a service offence;

(b) where the person’s birth was the direct result of conduct which constitutes a service offence;

(c) where the death of a close family member of the person was the direct result of conduct which constitutes a service offence;

(d) where the person is a child who is a victim of domestic abuse which constitutes conduct which constitutes a service offence.

(3) The reference in subsection (2)(d) to a child who is a victim of domestic abuse is to be read in accordance with Part 1 of the Domestic Abuse Act 2021.

(4) For the purposes of this Part—

(a) “harm” includes physical, mental or emotional harm and economic loss;

(b) in determining whether conduct constitutes a service offence, it is immaterial that—

(i) no person has reported the conduct which constitutes the offence;

(ii) no person has been charged with or convicted of an offence in respect of the conduct.

Code for victims in the service justice system

327B Code for victims in the service justice system

(1) The Secretary of State must issue a code of practice as to the services to be provided to victims of service offences by persons appearing to the Secretary of State to have functions of a public nature relating to—

(a) victims of service offences, or

(b) any aspect of the service justice system.

(2) In this Part, the “code for victims in the service justice system” means the code of practice issued under this section that is for the time being in operation.

(3) The code for victims in the service justice system must make provision for services which reflect the principles that victims of conduct which constitutes a service offence require—

(a) information to help them understand the service justice process;

(b) access to services which support them (including, where appropriate, specialist services);

(c) the opportunity to make their views heard in the service justice process;

(d) the ability to challenge decisions which have a direct impact on them.

(4) The Secretary of State may by regulations make further provision about the code for victims in the service justice system, including about matters that the code must include.

(5) But the Secretary of State may make regulations under subsection (4) only if satisfied that provision made in the code in compliance with the regulations would not result in—

(a) a significant reduction in the quality or extent of the services provided in accordance with the code, or

(b) a significant restriction in the description of persons to whom services are provided in accordance with the code.

(6) The code for victims in the service justice system may not require anything to be done by—

(a) a person acting in a judicial capacity, or on the instructions of or on behalf of such a person;

(b) a person acting in the discharge of a prosecution function, if that function involves the exercise of a discretion.

327C Code for victims in the service justice system: further provision

(1) The code for victims in the service justice system may restrict the application of its provisions to—

(a) victims of specified descriptions (including those who are victims by virtue of specified conduct or conduct constituting specified service offences);

(b) specified persons who have functions of a kind mentioned in section 327B(1).

(2) The code for victims in the service justice system may include provision requiring or permitting the services which are to be provided to a victim of conduct which constitutes a service offence to be provided to one or more other persons—

(a) instead of the victim (for example, where the victim has died);

(b) as well as the victim.

(3) The code for victims in the service justice system may make different provision for different purposes, including different provision for—

(a) victims of different descriptions;

(b) persons who have different functions of a kind mentioned in section 327B(1).

(4) The code for victims in the service justice system may make different provision for different areas.

(5) In considering whether to exercise the power in subsection (3)(a), the Secretary of State must have regard to the particular needs of victims of conduct which constitutes a service offence who are under the age of 18 or who have protected characteristics within the meaning of the Equality Act 2010.

(6) In this section, “specified” means specified in the code for victims in the service justice system.

327D Code for victims in the service justice system: procedure

(1) Before issuing the code for victims in the service justice system, the Secretary of State must consult—

(a) the Commissioner for Victims and Witnesses,

(b) the Service Police Complaints Commissioner,

(c) the Director of Service Prosecutions,

(d) the Provost Marshals of each of the service police forces,

(e) the Provost Marshal for serious crime,

(f) the Director of the Military Court Service, and

(g) such other persons as the Secretary of State considers appropriate.

(2) A requirement in subsection (1) may be met by consultation undertaken before (as well as after) this section comes into force.

(3) The Secretary of State may from time to time revise the code for victims in the service justice system.

(4) But the Secretary of State may revise the code only if satisfied that the proposed revisions would not result in—

(a) a significant reduction in the quality or extent of the services provided in accordance with the code, or

(b) a significant restriction in the description of persons to whom services are provided in accordance with the code.

(5) Subsection (1) applies to a revision of the code for victims in the service justice system unless the Secretary of State considers that all of the revisions—

(a) make corrections or clarifications, or

(b) are consequential on changes to the law, practice or procedure relating to any aspect of the service justice system.

(6) The code for victims in the service justice system comes into force on the day specified in it for that purpose.

(7) A revision to the code comes into force on the day specified in the revision for that purpose.

(8) Different days may be specified under subsection (6) or (7) for different purposes.

327E Code for victims in the service justice system: compliance

(1) Where the code for victims in the service justice system makes provision about a service to be provided to victims of service offences by a person, the person must provide the service in accordance with the code unless the person has good reasons not to.

(2) Any person who is subject to the duty in subsection (1) and is not an individual must ensure that procedures are in place by which other persons may complain about an alleged failure to comply with the duty.

(3) If a person fails to act in accordance with the code for victims in the service justice system, the failure does not of itself make that person liable to criminal or civil proceedings.

(4) But the code for victims in the service justice system is admissible in evidence in criminal or civil proceedings, and a court may take into account a failure to act in accordance with the code in determining a question in the proceedings.

Guidance about specified victim support roles

327F Guidance about specified victim support roles

(1) The Secretary of State must issue guidance about specified victim support roles.

(2) In this section—

“specified” means specified in regulations made by the Secretary of State;

“victim support role” means a role performed by individuals which involves the provision of support to victims of service offences (where the support relates to the conduct which constitutes such an offence).

(3) A victim support role may be specified by reference to (among other matters)—

(a) the circumstances in which the role is performed;

(b) the type of support provided in connection with the role;

(c) the type of conduct which constitutes a service offence in relation to which such support is provided.

(4) Guidance under this section about a victim support role must include provision about—

(a) the support provided in connection with the role;

(b) training and qualifications for individuals who perform the role;

(c) how individuals who perform the role, and other persons who have functions relating to victims of service offences or any aspect of the service justice system, work together.

(5) Guidance under this section must (where relevant) make provision in relation to victims who are under the age of 18 or who have protected characteristics within the meaning of the Equality Act 2010.

(6) Any person who has functions of a public nature relating to victims of service offences, or any aspect of the service justice system, must have regard to guidance under this section where—

(a) the person is exercising such a function, and

(b) the guidance is relevant to the exercise of that function.

(7) Subsection (6) does not apply to anything done by any person acting in a judicial capacity, or on the instructions of or on behalf of such a person.

”

(a) in a case where the complaint relates to the complainant’s experience as a victim of a service offence, means a victim of a service offence (which for these purposes has the meaning given by section 327A of the Armed Forces Act 2006);

(b) in any other case,

”

“

115B Service policing protocol

(1) The Secretary of State must issue a service policing protocol.

(2) A “service policing protocol” is a document which sets out, or otherwise makes provision about, ways in which relevant persons should exercise, or refrain from exercising, functions so as to—

(a) ensure that investigations carried out by a service police force, or by the tri-service serious crime unit, are free from improper interference (read in accordance with section 115A(3)),

(b) maintain, improve or encourage the formation of working relationships (including co-operative working) between relevant persons, and

(c) limit or prevent the overlapping or conflicting exercise of functions.

(3) “Relevant person” means—

(a) the Secretary of State,

(b) the Defence Council,

(c) each service police force, and

(d) the tri-service serious crime unit.

(4) Each relevant person must have regard to the service policing protocol in exercising their functions.

(5) The Secretary of State may at any time—

(a) revise the service policing protocol, or

(b) replace the service policing protocol.

(6) In issuing, revising or replacing the service policing protocol the Secretary of State must (in particular) have regard to the objective of furthering—

(a) the efficiency and effectiveness of service police forces and the tri-service serious crime unit, and

(b) the operational effectiveness of His Majesty’s forces.

(7) Before issuing, revising or replacing the service policing protocol, the Secretary of State must consult—

(a) each service police force,

(b) the tri-service serious crime unit, and

(c) such other persons as the Secretary of State considers appropriate.

”

“

(1A) An application under subsection (1) may also be made by a Provost Marshal in the case of a person arrested under section 67 for a serious offence, as defined by section 99(10).

”

“

(aa) for the delegation by a Provost Marshal of any of the Provost Marshal’s functions under sections 98 to 102;

”

“

(2A) The duty in subsection (1) does not apply if the officer reasonably believes that a service police force or the tri-service serious crime unit is aware of the matter.

”

“

(c) a deprivation order.

”

“

(c) a deprivation order.

”

“

(c) a deprivation order.

”

“

Conditions after charge when accused not in custody

109A Conditions during proceedings for service offence

(1) This section applies at any time when a person aged 18 or over (“the accused”)—

(a) has been charged with, or is awaiting sentence for, a service offence, and

(b) is not in service custody.

(2) On an application made by an appropriate person, a judge advocate may by order require the accused to comply with such requirements as appear to be necessary—

(a) to secure the accused’s attendance at any hearing in the proceedings relating to the service offence,

(b) to secure that the accused does not commit an offence at a time mentioned in subsection (1),

(c) to secure that the accused does not interfere with witnesses or otherwise obstruct the course of justice, whether in relation to the accused or any other person, or

(d) for the accused’s own protection.

(3) An “appropriate person” is—

(a) a member of a service police force, or

(b) a member of, or a person who is on the staff of, the Service Prosecuting Authority.

(4) On an application made—

(a) by or on behalf of the accused,

(b) by the commanding officer of the accused, or

(c) by an appropriate person,

any requirement imposed under subsection (2) (including such a requirement as previously varied under this subsection) may be varied or discharged by a judge advocate.

(5) A person on whom a requirement has been imposed by virtue of subsection (2)(a) commits an offence if, without reasonable excuse, they fail to attend any hearing to which the requirement relates.

(6) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.

109B Section 109A: procedural requirements

(1) A judge advocate may not hear an application under section 109A unless the accused has been informed in writing of the grounds for the application and been given notice of the hearing.

(2) The accused is entitled—

(a) to attend the hearing and to make representations, and

(b) to be legally represented at the hearing.

(3) But a judge advocate may impose a requirement under section 109A(2) without subsections (1) and (2) of this section being complied with if, or to the extent that, the judge advocate considers it is necessary to do so by reason of urgency.

(4) Where a judge advocate imposes a requirement under section 109A(2) by virtue of subsection (3) of this section—

(a) the judge advocate must arrange for a hearing to take place in compliance with subsections (1) and (2) of this section as soon as reasonably practicable, and

(b) the requirement ceases to have effect at the end of the hearing unless renewed at that hearing.

”

“

(5A) Conditions that may be specified in the rules by virtue of subsection (3)(fa) include a condition for a charge to be brought again only with the permission of the High Court in England and Wales.

”

“

Chapter 3A — Powers to make orders under Part 3 of the Mental Health Act 1983

Remands to hospital

165A Remand to hospital for report on mental condition

(1) This section applies where a person charged with a service offence punishable with imprisonment—

(a) is awaiting trial before the Court Martial for the offence,

(b) has been arraigned before the court for the offence but has not yet been sentenced by the court for the offence, or

(c) where the court has made a finding mentioned in section 169(1) (unfitness to stand trial or not guilty by reason of insanity), has not yet been dealt with in a way mentioned in section 169(2).

(2) Subject to subsection (3), the court may make an order under section 35 of the Mental Health Act 1983 (“the 1983 Act”), as modified by paragraph 2 of Schedule 3B to this Act, in respect of the person.

(3) The power under subsection (2) is not exercisable unless the conditions in section 35(3) of the 1983 Act, as modified by paragraph 2 of Schedule 3B to this Act, are met in respect of the person.

(4) The functions of the court under this section, and any functions under the 1983 Act that are exercisable by the court by reason of this section or Schedule 3B, are to be exercised by a judge advocate.

165B Remand to hospital for treatment

(1) This section applies where a person charged with a service offence punishable with imprisonment, other than an offence the sentence for which is fixed by law, is in service custody—

(a) awaiting trial before the Court Martial for the offence, or

(b) at any other time before—

(i) being sentenced by the court for the offence, or

(ii) where the court has made a finding mentioned in section 169(1) (unfitness to stand trial or not guilty by reason of insanity), being dealt with in a way mentioned in section 169(2).

(2) Subject to subsection (3), the court may make an order under section 36 of the Mental Health Act 1983 (“the 1983 Act”), as modified by paragraph 3 of Schedule 3B to this Act, in respect of the person.

(3) The power under subsection (2) is not exercisable unless the conditions in section 36(1) of the 1983 Act, as modified by paragraph 3 of Schedule 3B to this Act, are met in respect of the person.

(4) The functions of the court under this section, and any functions under the 1983 Act that are exercisable by the court by reason of this section or Schedule 3B, are to be exercised by a judge advocate.

Hospital orders, interim hospital orders and restriction orders

165C Powers to order hospital admission

(1) This section applies where a person is convicted by the Court Martial of an offence punishable with imprisonment, other than an offence the sentence for which is fixed by law.

(2) Subject to subsections (4) and (5), the court—

(a) may make a hospital order, with or without a restriction order, in respect of the person, and

(b) before making such an order, or dealing with the person in any other way, may make an interim hospital order in respect of the person.

(3) In this section—

hospital order means an order under section 37 of the Mental Health Act 1983 (“the 1983 Act”), as modified by paragraph 4(2) of Schedule 3B to this Act;

interim hospital order means an order under section 38 of the 1983 Act, as modified by paragraph 4(3) of Schedule 3B to this Act;

restriction order means an order under section 41 of the 1983 Act, as modified by paragraph 4(5) of Schedule 3B to this Act.

(4) The power to make a hospital order, with or without a restriction order, is not exercisable unless the conditions in subsection (2) of section 37 of the 1983 Act, as modified by paragraph 4(2) of Schedule 3B to this Act, are met.

(5) The power to make an interim hospital order is not exercisable unless the conditions in section 38(1) of the 1983 Act, as modified by paragraph 4(3) of Schedule 3B to this Act, are met.

(6) The functions of the court under this section, and any functions under the 1983 Act that are exercisable by the court by reason of this section or Schedule 3B, are to be exercised by a judge advocate.

(7) See section 40 of the 1983 Act, as modified by paragraph 4(4) of Schedule 3B to this Act, for the effect of hospital orders and interim hospital orders made by virtue of this section.

Hospital directions and limitation directions

165D Power to direct hospital admission

(1) This section applies where, in the case of a person convicted by the Court Martial of an offence punishable with imprisonment, other than an offence the sentence for which is fixed by law—

(a) the conditions mentioned in subsection (2) of section 45A of the Mental Health Act 1983 (“the 1983 Act”), as modified by paragraph 5(2) of Schedule 3B to this Act, are met, and

(b) the court considers making in respect of the person a hospital order, within the meaning given by section 165C(3) of this Act, before deciding to impose a sentence of imprisonment in respect of the offence.

(2) The court may give both of the following directions in relation to the person—

(a) a direction under section 45A(3)(a) of the 1983 Act, as modified by paragraph 5(2) of Schedule 3B to this Act (a “hospital direction”);

(b) a direction under section 45A(3)(b) of the 1983 Act, as modified by paragraph 5(2) of Schedule 3B to this Act (a “limitation direction”).

(3) The functions of the court under this section, and any functions under the 1983 Act that are exercisable by the court by reason of this section or Schedule 3B to this Act, are to be exercised by a judge advocate.

(4) See section 45B of the 1983 Act, as modified by paragraph 5(3) of Schedule 3B to this Act, for the effect of a hospital direction and limitation direction given by virtue of this section.

”

“

(8) See sections 165A and 165B for the powers of the Court Martial to order the defendant’s admission to a hospital specified in the order for a report on their mental condition or for treatment.

”

“

Schedule 3B¹ — Modifications of Part 3 of the Mental Health Act 1983

Meaning of “the 1983 Act”

1 In this Schedule “the 1983 Act” means the Mental Health Act 1983.

Orders under section 35 of the 1983 Act

2 For the purposes of section 165A of this Act, section 35 of the 1983 Act (remand to hospital for report on accused’s mental condition) has effect as if—

(a) references to an “accused person” were to a person in whose case section 165A of this Act applies;

(b) in subsection (1), the reference to the Crown Court or a magistrates’ court were to the Court Martial;

(c) subsection (2) were omitted;

(d) in subsection (3)—

(i) in paragraph (b), for “remanded on bail” there were substituted “not remanded under this section”;

(ii) in the closing words, the reference to the Crown Court were to the Court Martial;

(e) in subsection (4) the reference to a place of safety were to any place the court may direct;

(f) in subsections (9) and (10), the references to a constable included a member of a service police force.

Orders under section 36 of the 1983 Act

3 For the purposes of section 165B of this Act, section 36 of the 1983 Act (remand of accused person to hospital for treatment) has effect as if—

(a) references to an “accused person” were to a person in whose case section 165B of this Act applies;

(b) in subsection (1), for “Crown Court may, instead of remanding an accused person in custody, remand him” there were substituted “Court Martial may remand an accused person”;

(c) subsection (2) were omitted;

(d) in subsection (3), the reference to a place of safety were to any place the court may direct;

(e) in subsection (8), the reference to subsections (9) and (10) of section 35 of the 1983 Act were to those subsections as modified by paragraph 2(f) of this Schedule.

Orders under sections 37, 38 and 41 of the 1983 Act

4

(1) This paragraph applies for the purposes of section 165C of this Act.

(2) Section 37 of the 1983 Act (powers of courts to order hospital admission etc) has effect as if—

(a) for subsections (1) to (1B) there were substituted—

“

(1) Where a person is convicted by the Court Martial of an offence punishable with imprisonment, other than an offence the sentence for which is fixed by law, and the conditions in subsection (2) are met, the court may by order authorise the person’s admission to and detention in such hospital as may be specified in the order.

(1A) In the case of an offence the sentence for which would otherwise fall to be imposed under a provision of the Armed Forces Act 2006 specified in subsection (1B), nothing in that provision prevents the court from making an order under subsection (1).

(1B) The specified offences are—

(a) section 217 (mandatory life imprisonment);

(b) section 218A (life sentence for second listed offence);

(c) section 219 (life sentence for certain dangerous offenders aged 18 or over);

(d) section 219ZA (serious terrorism sentence: offenders aged 18 or over);

(e) section 221 (life sentence for certain dangerous offenders aged under 18);

(f) section 225 (third drug trafficking offence);

(g) section 226 (third domestic burglary);

(h) section 227 (firearms offences);

(i) section 227A (offences of threatening with a weapon in public or on school premises).

(1C) For the purposes of subsection (1A)—

(a) a sentence falls to be imposed under section 217 if it is required by subsection (2) or (3) of that section;

(b) a sentence falls to be imposed under section 218A if, by virtue of subsection (1B) or (2) of that section, it is required by section 273(3) or 283(3) of the Sentencing Code;

(c) a sentence falls to be imposed under section 219 if, by virtue of subsection (1A) or (2) of that section, it is required by section 274(3) or 285(3) of the Sentencing Code;

(d) a sentence falls to be imposed under section 219ZA if it is required by that section;

(e) a sentence falls to be imposed under section 221 if it is required by section 209(5D);

(f) a sentence falls to be imposed under section 225 if it is required by subsection (2) of that section;

(g) a sentence falls to be imposed under section 226 if it is required by subsection (2) of that section;

(h) a sentence falls to be imposed under section 227 if it is required by subsection (2) of that section;

(i) a sentence falls to be imposed under section 227A if it is required by subsection (2) of that section.

”

;

(b) subsections (2)(a)(ii) (but not the “and” at the end of that provision), (3), (6) and (8)(b) and (c) were omitted;

(c) in subsection (4), the reference to a place of safety were to any place the court may direct;

(d) for subsection (8)(a), for the words from “community order” to “that code)” there were substituted “service community order or overseas community order”.

(3) Section 38 of the 1983 Act (interim hospital orders) has effect as if—

(a) “hospital order” and “interim hospital order” had the meanings given by section 165C(3) of this Act;

(b) in subsection (1)—

(i) the reference to the Crown Court were to the Court Martial;

(ii) the words from “or is” to “imprisonment” were omitted;

(c) in subsection (7), the reference to a constable included a member of a service police force.

(4) Section 40 of the 1983 Act (effect of hospital orders) has effect as if—

(a) “hospital order” and “interim hospital order” had the meanings given by section 165C(3) of this Act;

(b) in subsections (1)(a) and (3)(a), the references to a constable included a member of a service police force;

(c) subsection (2) were omitted and, in subsections (4) and (5) references to guardianship were ignored.

(5) Section 41 of the 1983 Act (restriction orders) has effect as if, in subsection (1), the reference to a hospital order made in respect of an offender by the Crown Court were to a hospital order within the meaning of section 165C of this Act made by the Court Martial under that section in respect of a person in whose case that section applies.

Orders under section 45A of the 1983 Act

5

(1) This paragraph applies for the purposes of section 165D of this Act.

(2) Section 45A of the 1983 Act (power of higher courts to direct hospital admission) has effect as if—

(a) in subsection (1)—

(i) the reference to the Crown Court were to the Court Martial;

(ii) “hospital order” had the meaning given by section 165C(3) of this Act;

(b) in subsection (5), in the closing words, the reference to a place of safety were to any place the court may direct.

(3) Section 45B of the 1983 Act (effect of hospital and limitation directions) applies as if, in subsection (1)(a), the reference to a constable included a member of a service police force.

”

“

177IA Reduced disqualification period for attendance on courses

(1) This section applies where—

(a) an offender is convicted of an offence under section 42 in respect of a relevant drink offence or a specified offence,

(b) the court makes a driving disqualification order in respect of the offender for the offence, and

(c) the disqualification period specified in the order is 12 months or more.

(2) The court may make an order that the disqualification period (“the unreduced period”) is reduced if, by such date as is specified in the order, the offender satisfactorily completes an approved course specified in the order.

(3) The date specified under subsection (2) must be at least two months before the last day of the period of disqualification as reduced by the order.

(4) The reduction made in a period of disqualification by an order under this section is a period specified in the order of—

(a) not less than three months, and

(b) not more than one quarter of the unreduced period,

(and, accordingly, where the unreduced period is 12 months, the reduced period is 9 months).

(5) A court may not make an order under this section in the case of an offender convicted under section 42 in respect of a specified offence if either subsection (6) or (7) applies.

(6) This subsection applies if, during the period of three years ending with the date on which the offence was committed, the offender—

(a) committed an offence under section 42 in respect of a specified offence and successfully completed an approved course pursuant to an order made under this section on conviction of that offence, or

(b) committed a specified offence and successfully completed a course approved for the purposes of section 34A of the Road Traffic Offenders Act 1988 pursuant to an order made under that section on conviction of that offence.

(7) This subsection applies if the offence was committed during the offender’s probationary period, within the meaning of section 1 of the Road Traffic (New Drivers) Act 1995.

(8) A court may not make an order under this section in the case of an offender unless—

(a) the court is satisfied that a place on the course specified in the order will be available for the offender,

(b) the offender appears to the court to be of or over the age of 17,

(c) the court has informed the offender (orally or in writing and in ordinary language) of the effect of the order and of the amount of the fees which the offender is required to pay for the course and when those fees must be paid, and

(d) the offender has agreed that the order should be made.

(9) For the purposes of this section—

(a) an offence under section 42 is committed in respect of a relevant drink offence if the corresponding offence under the law of England and Wales is a relevant drink offence;

(b) an offence under section 42 is committed in respect of a specified offence if the corresponding offence under the law of England and Wales is a specified offence.

(10) In this section—

approved course means a course approved for the purposes of section 34A of the Road Traffic Offenders Act 1988 in relation to the description of the corresponding offence under the law of England and Wales in respect of which the offender is convicted under section 42 of this Act;

relevant drink offence has the meaning given by section 34A(2) of the Road Traffic Offenders Act 1988;

specified offence has the meaning given by section 34A(3) of the Road Traffic Offenders Act 1988.

177IB Certificates of completion of courses

(1) An offender is to be taken to have completed a course satisfactorily for the purposes of section 177IA only if a certificate that the offender has done so is received before the end of the unreduced period by the clerk of the court that made the order under that section.

(2) Subsections (2) to (11) of section 34B of the Road Traffic Offenders Act 1988 apply in relation to certificates given for the purposes of section 177IA of this Act as they apply in relation to certificates given for the purposes of section 34A of that Act, with the following modifications—

(a) references to the supervising court are to be read as references to the court that made the order under section 177IA;

(b) references to the proper officer of the supervising court are to be read as references to the clerk of the court that made the order under section 177IA;

(c) references to rules of court are to be read as references to Court Martial rules or SCC rules (as applicable);

(d) references to the relevant local court are to be ignored.

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(8A) A court shall not make an order under this section in the case of an offender convicted of a specified offence if—

(a) the offender has, during the period of three years ending with the date on which the offence was committed, committed an offence under section 42 of the Armed Forces Act 2006 (criminal conduct),

(b) the corresponding offence under the law of England and Wales (within the meaning of that Act) is a specified offence, and

(c) the offender has successfully completed an approved course pursuant to an order under section 177IA of that Act (and for this purpose “approved course” has the meaning given by subsection (10) of that section).

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A service supervision and punishment order under the Armed Forces Act 2006

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

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

Forfeiture of a specified term of seniority or of all seniority under the Armed Forces Act 2006

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

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

Reduction in rank or disrating under the Armed Forces Act 2006

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

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

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(c) a sentence in relation to which a period of 6 months is specified in the third column of Table B in section 5B.

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(7) Schedule 14ZB makes provision for the Commissioner to exercise functions in relation to members of the Royal Fleet Auxiliary (in addition to the functions exercisable in relation to persons subject to service law and relevant family members).

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(a) men transferred to that force under regulations made under section 331 of the Armed Forces Act 2006;

(b)

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(2A) Regulations under subsection (2) may include provision with respect to the transfer of members of the reserve forces, who are of or below the rank or rate of warrant officer, to a regular service, including provision about—

(a) authorisation of a person’s transfer to a regular service;

(b) the status of a person who is entitled to be, but has not yet been, transferred to a regular service.

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(5) The regulations may also in particular make provision about—

(a) a person’s eligibility for transfer to a volunteer reserve force, and

(b) the making of applications by persons wishing to be so transferred.

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(a) the omission of “or his current service under the order and any relevant service in aggregate”;

(b) the substitution of “5 years” for “3 years”.

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(a) the omission of “or his current service under the order and any relevant service in aggregate”;

(b) the substitution of “2 years” for “12 months”.

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69A Recall for warlike operations

(1) The Secretary of State may make an order under this section authorising the recall under this Part of persons to whom section 66 applies if it appears to the Secretary of State that warlike operations are in preparation or progress.

(2) A recall order under this section authorises, subject to subsection (3), the recall of any person to whom section 66 applies or, if the order is so limited, any such person who is of a description specified in the order.

(3) A recall order under this section does not authorise the recall of any person to whom section 66 applies who is not liable to be recalled under the order by virtue of regulations made by virtue of section 73 or an exemption granted on an application under regulations under section 79.

(4) A recall order under this section—

(a) must specify a date, not more than 12 months from the day on which the order is made, on which the order is (unless an order under subsection (5) is made) to cease to authorise the recall of any person who is not in service under the order; and

(b) has effect (subject to paragraph (a) or to any order under subsection (5)) until it is revoked.

(5) The Secretary of State may, before the date specified under subsection (4)(a), make an order providing that a recall order under this section ceases to authorise the recall of any person who is not in service under the order.

(6) The restriction of the effect of a recall order under this section—

(a) by subsection (4)(a), or

(b) by an order under subsection (5),

does not affect the operation of any recall notice served on any person before the day specified in the recall order or, as the case may be, the day on which the order under subsection (5) is made.

(7) The Secretary of State may make an order revoking a recall order under this section (whether or not its effect has been restricted as mentioned in subsection (5)).

(8) Where an order under subsection (7) revoking a recall order under this section is made—

(a) the recall order ceases to authorise the recall of anyone who could otherwise be recalled on the authority of that order (including anyone served with a recall notice before the order under subsection (7) is made who has not been accepted into service); and

(b) any person in service under the recall order is entitled to be released or discharged from that service.

(9) The making of any recall order under this section, or any order under subsection (5) or (7), must be reported to each House of Parliament without delay.

69B Maximum duration of service on recall under section 69A

(1) This section applies for the purpose of determining when persons in service under a recall order made under section 69A (“the recall order”) are entitled to be released from service (in the case of officers) or discharged (in other cases).

(2) A person is (if not released or discharged sooner) entitled to be released from service or discharged when their current service under the recall order, or their current service and any relevant service in aggregate, exceeds 12 months.

(3) A person in service under the recall order may enter into a written agreement consenting to the extension of their period of service—

(a) beyond the day on which they are entitled to be released or discharged by virtue of subsection (2), or

(b) beyond the day on which, by virtue of a subsisting agreement under this subsection, they are entitled to be released or discharged by virtue of subsection (5),

until the end of such period, not exceeding 12 months, as may be specified in the agreement.

(4) An agreement under subsection (3) may not be entered into at any time—

(a) when the person concerned could not be served with a recall notice on the authority of the order or any other recall order, or

(b) more than 12 months before the day on which (apart from the agreement) the person is entitled to be released or discharged by virtue of subsection (2) or subsection (5).

(5) A person who has entered into an agreement under subsection (3)—

(a) is no longer entitled to be released or discharged on the day on which, apart from the agreement, they would be so entitled by virtue of subsection (2) or, as the case may be, paragraph (b) of this subsection; and

(b) is entitled to be released from service or discharged at the end of the period specified in the agreement as the period for which their service is being extended.

(6) His Majesty may by order signified under the hand of the Secretary of State provide that, in the case of such descriptions of person as may be specified in the order, subsection (2) applies with either or both of the following modifications—

(a) the omission of “, or their current service and any relevant service in aggregate,”;

(b) the substitution of “2 years” for “12 months”.

(7) The making of an order under subsection (6) must be reported to each House of Parliament without delay.

(8) In this section “relevant service” means any service under this Part, or under Part 4, 5 or 6, within the 3 years immediately preceding the day on which a person’s current service under the recall order began.

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(5) This subsection applies if the Secretary of State determines that the alleged offence of the person mentioned in subsection (4) did not arise out of and in the course of that person’s duty as a member of the visiting force or civilian component so mentioned.

(6) Before making a determination under subsection (5) the Secretary of State must take account of any representations made by or on behalf of—

(a) the appropriate authority of the sending country;

(b) the person with responsibility for prosecuting the offence.

(7) Evidence of a determination under subsection (5) is to be given by the issuing of a certificate by the Secretary of State.

(8) A certificate under subsection (7) is, in proceedings for the offence mentioned in subsection (4), sufficient evidence of the facts mentioned in it.

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(3A) The powers conferred by subsections (1), (2) and (3) may be exercised in England and Wales, Scotland and Northern Ireland by a constable who is a member of the Ministry of Defence Police.

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(5A) The power conferred by subsection (1), (2) or (4) may be exercised by a constable who is a member of the Ministry of Defence Police in England and Wales, Scotland or Northern Ireland (as the case may be).

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(6B) The references in—

(a) subsections (1) and (2) to a constable of a police force in Scotland or in Northern Ireland,

(b) subsections (3) and (4) to a constable of a police force in England and Wales or in Northern Ireland, and

(c) subsections (5) and (6) to a constable of a police force in England and Wales or Scotland,

include a constable who is a member of the Ministry of Defence Police.

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(1A) In the case of a vessel which sank or was stranded while in service with, or while being used for the purposes of, any of the armed forces of a country or territory outside the United Kingdom, subsection (1)(b) applies only if the remains of the vessel are in United Kingdom waters.

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