Legislation – Armed Forces Act 2021

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Introduction

1 Duration of Armed Forces Act 2006

2 Constitution of the Court Martial

3 Nomination of Circuit judge to sit as judge advocate

4 Summary hearings: power to rectify mistakes etc

5 The Summary Appeal Court: power to rectify mistakes

6 The Service Civilian Court: power to rectify mistakes

7 Concurrent jurisdiction

8 Armed forces covenant

9 Reserve forces: flexibility of commitments

10 Service complaints appeals

11 Service police: complaints, misconduct etc

12 Framework for establishment of tri-service serious crime unit

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

14 Deprivation orders

15 Driving disqualification

16 Deprivation and driving disqualification orders: minor and consequential amendments

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

18 Rehabilitation periods: England and Wales

19 Posthumous pardons in relation to certain abolished service offences

20 Power of British overseas territories to apply AFA 2006 etc

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

22 Minor amendments

23 Meaning of “AFA 2006”

24 Commencement and transitional provision

25 Extent in the United Kingdom

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

27 Short title

SCHEDULES

Schedule 1 Constitution of the Court Martial

Schedule 2 Reserve forces: flexibility of commitments

Schedule 3 Service complaints appeals

Schedule 4 Service police: complaints, misconduct etc

Schedule 5 Tri-service serious crime unit

Schedule 6 Deprivation and driving disqualification orders: minor and consequential amendments

Changes to legislation:

There are currently no known outstanding effects for the Armed Forces Act 2021, Section 19. Help about Changes to Legislation

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Changes to Legislation

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Posthumous pardons

19Posthumous pardons in relation to certain abolished service offences

(1)

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

F1(2)

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

(3)

In subsection (8)—

(a)

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

F2(b)

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

F2(c)

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

(d)

after paragraph (c) insert—

“(d)

the Army Discipline and Regulation Act 1879.”

(4)

After subsection (9) insert—

“(10)

In this section—

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

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

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

relevant Articles of War” means Articles of War made under—

(a)

the Mutiny Act 1878,

(b)

the Marine Mutiny Act 1878, or

(c)

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