Overseas Operations (Service Personnel and Veterans) Act 2021

PART 1Restrictions on prosecution for certain offences

Presumption against prosecution

1Prosecutorial decision regarding alleged conduct during overseas operations

2Presumption against prosecution

3Matters to be given particular weight

4Section 3: supplementary

Consent to prosecution

5Requirement of consent to prosecute

6“Relevant offence”

7General interpretation etc

PART 2Overseas operations: limitation periods

8Restrictions on time limits to bring actions: England and Wales

9Restrictions on time limits to bring actions: Scotland

10Restrictions on time limits to bring actions: Northern Ireland

11Court's discretion to extend time in certain Human Rights Act proceedings

12Power to make consequential provision

14Commencement and application

SCHEDULE 1Excluded offences for the purposes of section 6

PART 1Criminal conduct etc under armed forces legislation

Criminal conduct etc under armed forces legislation

1(1) An offence under section 42 of the Armed Forces...

Corresponding offences under law of England and Wales (including under repealed provisions)

2An offence under any provision of the Sexual Offences Act...

3An offence under section 1 of the Indecency with Children...

4An offence under section 1(1) of the Genocide Act 1969...

5An offence under section 54 of the Criminal Law Act...

6An offence under section 1 of the Protection of Children...

7An offence under section 160 of the Criminal Justice Act...

8An offence under any provision of the Sexual Offences Act...

9An offence under section 63 of the Criminal Justice and...

10An offence under section 62 of the Coroners and Justice...

11An offence under section 33 of the Criminal Justice and...

12An offence under section 2 of the Modern Slavery Act...

13An offence at common law of outraging public decency.

14An offence within any of paragraphs 18 to 20 (certain...

15A reference in paragraphs 2 to 14 or paragraphs 30...

Interpretation etc

16(1) In paragraph 1(1) the reference to the “corresponding civil...

PART 2International Criminal Court Act 2001

Excluded offences within this Part

17An offence under the law of England and Wales or...

England and Wales

18An offence under section 51 of the International Criminal Court...

19An ancillary offence under the law of England and Wales...

20An offence under subsection (1) of section 52 of the...

Northern Ireland

21An offence under section 58 of the International Criminal Court...

22An ancillary offence under the law of Northern Ireland in...

23An offence under subsection (1) of section 59 of the...

24In this Part of this Schedule— (a) references to an...

PART 3International Criminal Court (Scotland) Act 2001

25An offence within any of paragraphs 26 to 28 is...

26An offence under section 1(1) of the International Criminal Court...

27An offence under section 2(1) of that Act (conduct ancillary...

28An offence under subsection (3) of section 2 of that...

29In this Part of this Schedule references to an ancillary...

PART 4Other offences of torture

30An offence under section 134 of the Criminal Justice Act...

31An offence under section 1(1) of the Geneva Conventions Act...

PART 5Provisions extending jurisdiction in respect of certain sexual offences

Section 72 of the Sexual Offences Act 2003

32(1) Where by virtue of section 72 of the Sexual...

Article 76 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2))

33(1) Where by virtue of Article 76 of the Sexual...

Section 55 of the Sexual Offences (Scotland) Act 2009 (asp 9)

34(1) Where by virtue of section 55 of the Sexual...

Provisions superseded by provisions mentioned in paragraphs 32 to 34

35Where by virtue of section 7 of the Sex Offenders...

36Where by virtue of section 16B of the Criminal Law...

SCHEDULE 2Limitation periods: England and Wales

PART 1Court's discretion to disapply time limits

1(1) Section 33 of the Limitation Act 1980 (discretionary exclusion...

PART 2Restriction of foreign limitation law

2(1) The Foreign Limitation Periods Act 1984 is amended as...

SCHEDULE 3Limitation periods: Scotland

PART 1Court's power to override time-limits

1(1) The Prescription and Limitation (Scotland) Act 1973 is amended...

PART 2Restriction of foreign limitation law

2(1) The Prescription and Limitation (Scotland) Act 1973 is amended...

SCHEDULE 4Limitation periods: Northern Ireland

PART 1Court's discretion to disapply time limits

1(1) Article 50 of the Limitation (Northern Ireland) Order 1989...

PART 2Restriction of foreign limitation law

2(1) The Foreign Limitation Periods (Northern Ireland) Order 1985 (S.I....

Overseas Operations (Service Personnel and Veterans) Act 2021

2021 c. 23

An Act to make provision about legal proceedings in connection with operations of the armed forces outside the British Islands.[29th April 2021]

[29th April 2021]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—