Armed Forces Act 2021
Duration of Armed Forces Act 2006
1Duration of Armed Forces Act 2006
Service courts, summary hearings and jurisdiction
2Constitution of the Court Martial
3Nomination of Circuit judge to sit as judge advocate
4Summary hearings: power to rectify mistakes etc
5The Summary Appeal Court: power to rectify mistakes
6The Service Civilian Court: power to rectify mistakes
7Concurrent jurisdiction
Service in the armed forces
8Armed forces covenant
9Reserve forces: flexibility of commitments
10Service complaints appeals
Service police: complaints, misconduct etc
11Service police: complaints, misconduct etc
12Framework for establishment of tri-service serious crime unit
Sentencing and rehabilitation
13Power of commanding officer to award service detention: Royal Marines
14Deprivation orders
15Driving disqualification
16Deprivation and driving disqualification orders: minor and consequential amendments
17Removal of requirement to take into account offences in member States
18Rehabilitation periods: England and Wales
Posthumous pardons
19Posthumous pardons in relation to certain abolished service offences
Miscellaneous
20Power of British overseas territories to apply AFA 2006 etc
21Time limit for appeals in respect of war pensions: Scotland and Northern Ireland
22Minor amendments
General
23Meaning of “AFA 2006”
24Commencement and transitional provision
25Extent in the United Kingdom
26Extent in the Channel Islands, Isle of Man and British overseas territories
27Short title
Schedules
Schedule 1Constitution of the Court Martial
1Number and rank of the lay members
2(1) Section 156 of AFA 2006 (officers and warrant officers...
3(1) Section 157 of AFA 2006 (officers and warrant officers...
4Findings and sentence
Schedule 2Reserve forces: flexibility of commitments
Part 1Consequential amendments
1Reserve Forces Act 1996
2(1) Section 17 (postponement of discharge) is amended as follows....
3(1) Section 26 (parliamentary control of commitments) is amended as...
4(1) Section 97 (failure to attend for duty or training)...
5In subsection (1) of section 127 (interpretation)—
6In Schedule 9 (application of Act to members of transitional...
7Armed Forces Act 2006
8In section 62 (time limit for charging Reserve Forces Act...
9In section 367 (persons subject to service law: regular and...
Part 2Transitional provision
10Regulations under section 24(4) may provide that any provision of...
Schedule 3Service complaints appeals
1Equal Pay Act (Northern Ireland) 1970
2Sex Discrimination (Northern Ireland) Order 1976
3Race Relations (Northern Ireland) Order 1997
4Working Time Regulations 1998
5Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000
6Part-time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000
7Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003
8Equality Act 2010
9Working Time Regulations (Northern Ireland) 2016
Schedule 4Service police: complaints, misconduct etc
1Service Police Complaints Commissioner
2Investigatory Powers
3Other amendments
4In Part 3 of Schedule 1 to the House of...
5In Part 3 of Schedule 1 to the Northern Ireland...
6In Part 6 of Schedule 1 to the Freedom of Information Act 2000...
7In section 47 of the Coroners and Justice Act 2009...
8In Part 1 of Schedule 19 to the Equality Act...
9In Schedule 7 to the Data Protection Act 2018 (competent...
Schedule 5Tri-service serious crime unit
1Police and Criminal Evidence Act 1984 (c.60)
2Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
3Criminal Appeal Act 1995 (c. 35)
4(1) Section 19 (power to require appointment of investigating officers)...
5In section 20 (inquiries by investigating officers), after subsection (2)...
6Police Act 1997 (c. 50)
7(1) Section 93 (authorisation to interfere with property etc) is...
8In section 94 (authorisations given in absence of authorising officer),...
9In section 108 (interpretation of Part 3), in subsection (1),...
10In section 113B (enhanced criminal record certificates), in subsection (11),...
11In section 126 (interpretation of Part 5), in subsection (1),...
12Terrorism Act 2000 (c. 11)
13Regulation of Investigatory Powers Act 2000 (c. 23)
14In section 32 (authorisation of intrusive surveillance), in subsection (6),...
15(1) Section 33 (rules for grant of authorisations) is amended...
16(1) Section 34 (grant of authorisations in the senior officer’s...
17(1) Section 35 (notification of authorisations for intrusive surveillance) is...
18(1) Section 36 (approval required for authorisations to take effect)...
19In section 41 (Secretary of State authorisations), in subsection (7),...
20In section 56(1)(interpretation of Part 3), in the definition of...
21(1) Section 81 (general interpretation) is amended as follows.
22In Schedule 1 (regulation of relevant public authorities), after paragraph...
23Sexual Offences Act 2003 (c. 42)
24Armed Forces Act 2006 (c. 52)
25(1) Section 93C (preliminary impairment test) is amended as follows....
26In section 113 (CO to ensure service police aware of...
27In section 114 (CO to ensure service police aware of...
28In section 115 (duty of CO with respect to investigation...
29In section 116 (referral of case following investigation by service...
30In section 119 (circumstances in which CO has power to...
31In section 321A (inspection of service police investigations), at the...
32In section 374 (definitions applying for purposes of whole Act),...
33Counter-Terrorism Act 2008 (c. 28)
34In the definition of “law enforcement authority”, after paragraph (a)...
35In the definition of “the responsible officer”, after paragraph (d)...
36At the appropriate place insert— “tri-service serious crime unit” means...
37Coroners and Justice Act 2009 (c. 25)
38In section 47 (interested person), in subsection (2)(j), at the...
39In section 48 (interpretation: general), in subsection (1), at the...
40In Schedule 1 (duty or power to suspend investigations), in...
41In Schedule 7 (allowances, fees and expenses), in paragraph 5(2)(a),...
42Terrorism Prevention and Investigation Measures Act 2011 (c. 23)
43Investigatory Powers Act 2016 (c. 25)
44In section 56 (exclusion of matters from legal proceedings etc),...
45In section 57 (duty not to make unauthorised disclosures), in...
46In section 263 (general definitions), in subsection (1), at the...
47In Schedule 4 (relevant public authorities and designated senior officers...
48In Part 1 of the table in Schedule 6 (issue...
49Data Protection Act 2018 (c. 12)
50Counter-Terrorism and Border Security Act 2019 (c. 3)
51Crime (Overseas Production Orders) Act 2019 (c. 5)
52Overseas Operations (Service Personnel and Veterans) Act 2021 (c. 23)
Schedule 6Deprivation and driving disqualification orders: minor and consequential amendments
1Armed Forces Act 1991
2In section 18 (intentional obstruction)— (a) in subsection (8A) for...
3In section 20 (intentional obstruction or failure to comply with...
4Reserve Forces Act 1996
5In section 95 (offences against orders and regulations under section...
6In paragraph 5 of Schedule 1 (false answer to question...
7Armed Forces Act 2006
8In the following provisions, for “12” substitute “14”—
9In section 185(4) (conditional or absolute discharge (civilians only)), at...
10In Schedule 3 (civilians etc: modifications of Court Martial sentencing...

Armed Forces Act 2021

2021 Chapter 35

An Act to continue the Armed Forces Act 2006; to amend that Act and other enactments relating to the armed forces; to make provision about service in the reserve forces; to make provision about pardons for certain abolished service offences; to make provision about war pensions; and for connected purposes.

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:—