Armed Forces Bill — Bill 367 2024-26 (as introduced)

Armed Forces Bill
EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Ministry of Defence, are published separately as
Bill 367—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Secretary John Healey has made the following statement under section 19(1)(a) of the Human
Rights Act 1998:
In my view the provisions of the Armed Forces Bill are compatible with the Convention rights.
59/1 Bill 367

Armed Forces Bill
[AS INTRODUCED]
CONTENTS
Duration of Armed Forces Act 2006
1 Duration of Armed Forces Act 2006
Armed forces covenant
2 Armed forces covenant
Defence housing and other property
3 Defence housing and other property
Prevention etc of drones and similar devices
4 Interference with uncrewed devices
Protection from sexual and violent behaviour, domestic abuse, stalking and harassment
5 Sexual harm prevention orders and sexual risk orders
6 Protection from domestic abuse and stalking
7 Service restraining orders: enforcement etc by civilian courts
8 Guidance issued to civilian police
9 Assessment etc of risks posed by certain offenders
Support for victims of service offences
10 Victims of service offences
11 Parliamentary Commissioner for Administration
Investigation, arrest and charging
12 Service policing protocol
13 Entry for purposes of obtaining evidence etc
14 Arrest and detention by civil authorities
15 Pre-charge custody
16 Time limit for charging certain offences
Duties and powers of commanding officers
17 Duty of commanding officers to report serious offences
59/1 Bill 367

18 Summary hearings: punishments available to commanding officers
19 Deprivation orders: punishments available to commanding officers
Service courts
20 Qualification for membership of the Court Martial
21 Power to impose post-charge conditions on persons not in service detention
22 Dismissal of charges
23 Hospital assessment and treatment in cases of mental disorder
24 Variation or rescission of activation orders by the Service Civilian Court
25 Guidance on exercise of criminal jurisdiction
26 Minor revisions of guidance on exercise of criminal jurisdiction
Driving disqualification
27 Driving disqualification orders: reduced disqualification period
Rehabilitation of offenders
28 Rehabilitation periods
29 Exceptions for spent cautions when taking administrative action
Armed Forces Commissioner
30 Commissioner’s functions in relation to Royal Fleet Auxiliary
Reserve forces
31 Transfers between regular and reserve forces
32 Call out for permanent service
33 Recall for service
34 Sections 32 and 33: consequential amendments
35 Sections 32 and 33: transitional classes
36 Punishment etc of offences of desertion or absence without leave
37 Reserve Forces and Cadets Association
Parliamentary control of armed forces numbers and commitments
38 Parliamentary control of air forces numbers
39 Parliamentary control of reserve force numbers and commitments
Visiting forces
40 Prohibition on sentences of death
41 Evidence of act being carried out in course of duty
Ministry of Defence Police
42 Governance and administration of Ministry of Defence Police
43 Cross-border enforcement powers of Ministry of Defence Police
44 Property in possession of Ministry of Defence Police
Armed Forces Bill ii

Miscellaneous provisions
45 Detention etc of persons overseas in cases of mental disorder
46 Defence functions of the Oil and Pipelines Agency
47 Protection of military remains
48 Police and Criminal Evidence (Northern Ireland) Order 1989: updating
49 Coroners and Justice Act 2009: correcting amendment
General
50 Interpretation
51 Financial provision
52 Extent in the United Kingdom
53 Extent in the Channel Islands, Isle of Man and British overseas territories
54 Commencement and transitional provision
55 Short title
Defence Housing and other property Schedule 1 —
Further provision about the Defence Housing Service and
compulsory purchase
Part 1 —
Consequential and related amendments Part 2 —
Sexual harm prevention orders and sexual risk orders Schedule 2 —
Protection from domestic abuse and stalking Schedule 3 —
Service domestic abuse protection notices Part 1 —
Service domestic abuse protection orders Part 2 —
Service stalking protection orders Part 3 —
Notification requirements Part 4 —
Guidance Part 5 —
Enforcement etc of service domestic abuse protection orders
by civilian courts
Part 6 —
Enforcement etc of service stalking protection orders by civilian
courts
Part 7 —
Consequential and related amendments Part 8 —
Armed Forces Commissioner: functions relating to Royal Fleet
Auxiliary
Schedule 4 —
New Schedule 14ZB to AFA 2006 Part 1 —
Consequential and related amendments Part 2 —
Call out and recall for service: transitional classes Schedule 5 —
Reserve Forces and Cadets Association Schedule 6 —
Constitution etc Part 1 —
Transfer of staff and property of abolished bodies Part 2 —
Consequential amendments and repeals Part 3 —
Detention etc of persons overseas in cases of mental disorder Schedule 7 —
iii Armed Forces Bill

[AS INTRODUCED]
A
BILL
TO
Continue the Armed Forces Act 2006; to amend that Act and other enactments
relating to the armed forces; to make provision about the reserve forces; to
make provision about visiting forces; to make provision about the Ministry
of Defence Police; to make provision about the defence functions of the Oil
and Pipelines Agency; to make provision about the protection of military
remains; and for connected purposes.
B
E IT ENACTED by the King’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:—
Duration of Armed Forces Act 2006
1 Duration of Armed Forces Act 2006
(1) For section 382 of AFA 2006 substitute—
“382 Duration of this Act
5(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
10
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
15
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.”
(2) In consequence of subsection (1), omit section 1 of the Armed Forces Act
2021.
59/1 Bill 367
1 Armed Forces Bill

Armed forces covenant
2 Armed forces covenant
(1) AFA 2006 is amended as follows.
(2) After section 343A insert—
5“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
10(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)
15
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.
20(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—
25(a) a national authority;
(b) a local authority;
(c) an education body;
(d) a health body.
(5) The specified matters are—
30(a) childcare;
(b) education and training;
(c) employment;
(d) health and social care;
(e) housing;
35(f) social security benefits;
(g) personal taxation;
(h) criminal justice;
(i) transport;
(j) pensions;
40(k) immigration and citizenship;
(l) armed forces compensation.
Armed Forces Bill 2

(6) The “relevant matters” are—
(a) in relation to a national authority, each matter specified in
subsection (5);
(b)
5
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)
10
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—
15
“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;
20“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.
25(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;
30(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)
35
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—
40(i) a council constituted under section 2 of the Local
Government etc. (Scotland) Act 1994;
3 Armed Forces Bill

(ii) a local authority landlord, within the meaning of the
Housing (Scotland) Act 2001 (asp 10) (see section 11(3)
of that Act);
(iii)
5
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—
10(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)
15
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);
20(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)
25
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)
30
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
35
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)
40
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)
45
a Local Health Board established under section 11 of
the National Health Service (Wales) Act 2006;
Armed Forces Bill 4

(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;
5(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;
10(iii) the Common Services Agency for the Scottish Health
Service;
(d) in relation to Northern Ireland—
(i) a Local Commissioning Group appointed under section
15
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)),
20
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
25
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
30
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).”
35(3) Omit sections 343AA to 343AD (due regard to principles: England, Wales,
Scotland and Northern Ireland).
(4) In section 343AE (sections 343AA to 343AD: guidance)—
(a) in the heading, for “Sections 343AA to 343AD” substitute “Section
343AZA”;
40(b) in subsection (1), for “duties imposed by sections 343AA(1), 343AB(1),
343AC(1) and 343AD(1)” substitute “duty imposed by section 343AZA”;
(c) in subsection (2)—
(i) for “person or body specified in subsection (3) of section 343AA,
45
343AB, 343AC or 343AD” substitute “person specified in section
343AZA(4)”;
5 Armed Forces Bill

(ii) for “relevant function” substitute “function in respect of which
the duty in section 343AZA applies”.
(5) In section 343AF (sections 343AA to 343AD: power to add bodies and
functions)—
5(a) in the heading—
(i) for “343AA to 343AD” substitute “343AZA and 343AZB”;
(ii) for “bodies and functions” substitute “etc persons and matters”;
(b) in subsection (1)—
(i) before paragraph (a), insert—
10“(za) amend section 343AZA(4) or 343AZB by—
(i) specifying additional persons, or
(ii) omitting, or modifying the description
of, a person;
(zb) amend section 343AZA(5) by—
15(i) specifying additional matters;
(ii) omitting, or modifying the description
of, a matter;
(zc) amend section 343AZA(6)—
(i)
20
so as to change the matters specified in
section 343AZA(5) that are relevant
matters in relation to a person specified
in section 343AZA(4), or
(ii) in consequence of amendments made by
virtue of paragraph (za) or (zb).”;
25(ii) omit paragraphs (a) to (d);
(c) omit subsections (3) and (4);
(d) in subsection (5)—
(i) for “sections 343AA to 343AD” substitute “section 343AZA or
343AZB”;
30(ii) for “functions” substitute “matters”;
(iii) for “(1)” substitute “(1)(zb)(i)”;
(e) in subsection (6), for “343AA” substitute “343AZA”;
(f) omit subsection (11).
(6)
35
In section 343B (interpretation of Part 16A), in subsection (4), omit the
definition of “relevant function”.
(7) In section 373 (orders, regulations and rules), in subsection (3), omit paragraph
(ee).
Armed Forces Bill 6

Defence housing and other property
3 Defence housing and other property
(1) After Part 16B of AFA 2006 (inserted by section 1 of the Veterans Advisory
and Pensions Committees Act 2023) insert—
5“PART 16C
DEFENCE HOUSING AND OTHER PROPERTY
CHAPTER 1
DEFENCE HOUSING SERVICE
343D Defence Housing Service
10(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)
15
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)
20
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)
25
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
30(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)—
35(a) generating, or collecting, income or profit from land or other
property;
7 Armed Forces Bill

(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
5
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
10(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
15
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)
20
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,
25(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
30(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—
35(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,
40
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—
Armed Forces Bill 8

(a) service families, or
(b) others who live in defence housing;
“service family” means—
(a)
5
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;
10“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)
15
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);
20(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)
25
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)
30
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)
35
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
40(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.
9 Armed Forces Bill

(4) In Schedule 11A—
(a) Part 2 makes further provision about schemes under this
section;
(b)
5
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)
10
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)
15
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)
20
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).
25(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
30
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)
35
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—
Armed Forces Bill 10

“common”, “fuel or field garden allotment” and “open space”
have the same meanings as in section 19 of the Acquisition of
Land Act 1981;
5
“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)
10
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
15
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.”
(2) Schedule 1 makes provision as follows—
(a) Part 1 inserts the new Schedule 11A to AFA 2006 referred to in the
amendments made by subsection (1);
20(b) Part 2 makes consequential and related amendments of AFA 2006 and
other legislation.
Prevention etc of drones and similar devices
4 Interference with uncrewed devices
(1) After Part 16C of AFA 2006 (inserted by section 3 of this Act) insert—
25“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—
30(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)
35
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
11 Armed Forces Bill

(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;
5(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
10
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.
15(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)
20
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.
25(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)
30
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;
35“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)
40
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;
Armed Forces Bill 12

“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
5(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
10
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
15(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)
20
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
25
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
30
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.
35(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;
40(b) Part 6 of the Civic Government (Scotland) Act 1982 applies as
1
it applies to property which has come into the possession of a
13 Armed Forces Bill

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)
5
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
10
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
15(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—
20(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.
25(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—
30(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)
35
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)
40
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
Armed Forces Bill 14

(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—
5(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
10(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;
15(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—
20(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
25
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.
30(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—
35(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—
15 Armed Forces Bill

(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—
5(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.
10(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
15
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
20
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,
25(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—
30“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)
35
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;
40
“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.
Armed Forces Bill 16

(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
5(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);
10(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);
15(vi) section 11(4) (breach of order under section 11(1) of that
Act);
(vii) section 12 (sabotage);
(viii) section 18 (preparatory conduct);
(b)
20
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);
25(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)
30
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);
35(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)
40
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.”
17 Armed Forces Bill

(2) In section 373 of AFA 2006 (orders, regulations and rules), in subsection (3),
after paragraph (eg) insert—
“(eh) regulations under section 343Q(2),”.
Protection from sexual and violent behaviour, domestic abuse, stalking and harassment
55 Sexual harm prevention orders and sexual risk orders
Schedule 2 amends section 137 of the Sexual Offences Act 2003 (application
of that Act to service courts) to enable a Provost Marshal to apply to a service
court for—
(a)
10
a sexual harm prevention order or interim sexual harm prevention
order (see sections 103A to 103K of that Act) in respect of a person
who is subject to service law or a civilian subject to service discipline;
(b) a sexual risk order or interim sexual risk order (see sections 112A to
122K of that Act) in respect of such a person.
6 Protection from domestic abuse and stalking
15Schedule 3 amends AFA 2006 and other legislation to make provision as
follows—
(a) Part 1 provides for service police to give service domestic abuse
protection notices;
(b)
20
Part 2 provides for service courts to make service domestic abuse
protection orders;
(c) Part 3 provides for service courts to make service stalking protection
orders;
(d) Part 4 makes provision about notification requirements in connection
25
with service domestic abuse protection orders and service stalking
protection orders;
(e) Part 5 makes provision about guidance for Provost Marshals about
the exercise of their powers in connection with the notices and orders
mentioned above;
(f)
30
Part 6 enables the enforcement and variation of a service domestic
abuse protection order, when the person in respect of whom the order
was made is no longer subject to service law or a civilian subject to
service discipline;
(g) Part 7 enables the enforcement and variation of a service stalking
35
protection order, when the person in respect of whom the order was
made is no longer subject to service law or a civilian subject to service
discipline;
(h) Part 8 makes consequential amendments.
Armed Forces Bill 18

7 Service restraining orders: enforcement etc by civilian courts
(1) After section 5A of the Protection from Harassment Act 1997 insert—
“5B Service restraining orders
(1) This section applies where—
5(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)
10
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
15
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
20
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)
25
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)
30
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;
35
“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—
40(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;
19 Armed Forces Bill

“subject to service law” has the same meaning as in the Armed
Forces Act 2006 (see section 374 of that Act).”
(2) After section 363 of the Sentencing Code insert—
“363A Service restraining orders
5(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
10(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)
15
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.
20(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);
25(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);
30
“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
35(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).”
Armed Forces Bill 20

8 Guidance issued to civilian police
(1) After Chapter 3A of Part 13 of AFA 2006 insert—
“CHAPTER 3B
GUIDANCE ISSUED TO UK POLICE FORCES
5320E 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)
10
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)
15
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
20
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).
25(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)
30
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.”
(2)
35
In section 77 of the Domestic Abuse Act 2021 (guidance about the disclosure
of information by police forces), subsection (7) is amended as follows—
(a) in the definition of “chief officer of police”, after paragraph (a) insert—
“(aa) in relation to the Ministry of Defence Police, the chief
constable of the Ministry of Defence Police;”;
(b) in the definition of “police force”—
40(i) omit the “or” at the end of paragraph (a);
21 Armed Forces Bill

(ii) at the end of paragraph (b) insert “, or
(c) the Ministry of Defence Police.”
9 Assessment etc of risks posed by certain offenders
(1) The Criminal Justice Act 2003 is amended as follows.
5(2) In section 325 (arrangements for assessing etc risks posed by certain offenders),
in subsection (6)(b) after “war pensions,” insert “defence,”.
(3) In section 327 (section 325: interpretation)—
(a) in subsection (4A) after paragraph (ca) insert—
“(cb)
10
an offence under section 42 of the Armed Forces Act
2006 as respects which the corresponding offence under
the law of England and Wales (within the meaning
given by that section) is—
(i) murder,
(ii) an offence specified in this subsection, or
15(iii) an offence specified in Part 1 or 2 of Schedule
15,
and for the purposes of this paragraph references in
this section to a court are to a service court;”;
(b) after subsection (4A) insert—
20“(4AA) Section 48 of the Armed Forces Act 2006 (attempts etc where
act not punishable by the law of England and Wales) applies
for the purposes of subsection (4A)(cb) as it applies for the
purposes of the provisions of that Act referred to in subsection
(3)(b) of that section.”;
25(c) in subsection (6)—
(i) in the definition of “court”, for “, as defined by section 305(1)”
substitute “(except as provided by subsection (4A)(cb))”;
(ii) after that definition insert—
““service court” has the meaning given by section 305(1).”
Armed Forces Bill 22

Support for victims of service offences
10 Victims of service offences
(1) In AFA 2006, in the First Group of Parts, after Part 13 insert—
“PART 13A
5VICTIMS 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—
10(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)
15
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)
20
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
25
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)
30
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.
23 Armed Forces Bill

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
5
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
10
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;
15(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)
20
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)
25
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)
30
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;
35(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—
40(a) victims of specified descriptions (including those who are
victims by virtue of specified conduct or conduct constituting
specified service offences);
Armed Forces Bill 24

(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
5
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)
10
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)
15
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
20
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)
25
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,
30(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)
35
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—
40(a) a significant reduction in the quality or extent of the services
provided in accordance with the code, or
25 Armed Forces Bill

(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
5
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)
10
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.
15327E 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.
20(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)
25
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
30
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.
35(2) In this section—
“specified” means specified in regulations made by the Secretary
of State;
“victim support role” means a role performed by individuals
1
which involves the provision of support to victims of service
Armed Forces Bill 26

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)—
5(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)
10
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)
15
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.
20(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.
25(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.”
(2) The Criminal Justice (Armed Forces Code of Practice for Victims of Crime)
Regulations 2015 (S.I. 2015/1811) are revoked.
3011 Parliamentary Commissioner for Administration
(1) Section 5 of the Parliamentary Commissioner Act 1967 (matters subject to
investigation) is amended as follows.
(2) In subsection (1B)—
(a) omit the “or” at the end of paragraph (a);
35(b) after paragraph (b) insert—
“(c) a code of practice issued under section 327B of the
Armed Forces Act 2006 (code for victims in the service
justice system).”
(3) In subsection (9B), after ““victim”” insert “—
40(a) in a case where the complaint relates to the complainant’s
1
experience as a victim of a service offence, means a victim of
27 Armed Forces Bill

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,”.
Investigation, arrest and charging
512 Service policing protocol
(1) Chapter 1 of Part 5 of AFA 2006 (investigation) is amended as follows.
(2) For the italic heading before section 115A substitute “Independence, efficiency
and effectiveness of investigations”.
(3) After section 115A insert—
10“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—
15(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
20
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,
25(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.
30(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
35
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.
Armed Forces Bill 28

(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
5(c) such other persons as the Secretary of State considers
appropriate.”
13 Entry for purposes of obtaining evidence etc
(1) Part 3 of AFA 2006 (powers of arrest, search and entry) is amended as follows.
(2) In each of the following provisions omit “residential”—
10(a) section 83(1)(b), (2) (in both places) and (3) (in each place);
(b) section 84(3);
(c) section 86(1)(a) and (b), (2)(a) and (b) and (3).
(3) In both of the following provisions for “as a residence (alone or with other
persons)” substitute “or controlled”—
15(a) section 84(3);
(b) section 86(3).
(4) In section 96 (definitions relating to premises for purposes of Part 3), in
subsection (3)—
(a)
20
in paragraph (a), for “ship or aircraft” substitute “vessel, aircraft or
hovercraft”;
(b) after paragraph (b) insert—
“(c) any offshore installation, within the meaning given by
section 44 of the Petroleum Act 1998;
(d)
25
any renewable energy installation, within the meaning
of Chapter 2 of Part 2 of the Energy Act 2004 (see
section 104 of that Act).”
14 Arrest and detention by civil authorities
(1) Chapter 3 of Part 13 of AFA 2006 (arrest and detention by civil authorities)
is amended as follows.
30(2) In the italic heading before section 314, for “or absence without leave”
substitute “, absence without leave or disobedience”.
(3) In section 314 (arrest by civilian police of deserters and absentees without
leave)—
(a) in the heading, omit “of deserters and absentees without leave”;
35(b) in subsection (1), for “or is absent without leave” substitute “, is absent
without leave or has committed an offence under section 12
(disobedience to lawful commands)”.
(4) In section 315 (deserters and absentees without leave surrendering to civilian
police)—
29 Armed Forces Bill

(a) in the heading, for “Deserters and absentees without leave” substitute
“Persons”;
(b) in subsection (1)(a), for “or is absent without leave” substitute “, is
5
absent without leave or has committed an offence under section 12
(disobedience to lawful commands)”;
(c) in subsection (2)(b), for “or is absent without leave” substitute “, is
absent without leave or has committed an offence under section 12
(disobedience to lawful commands)”;
(d)
10
in subsection (4), for “or is absent without leave” substitute “, is absent
without leave or has committed an offence under section 12
(disobedience to lawful commands)”.
(5) In section 316 (proceedings before civilian court where person suspected of
illegal absence)—
(a) in the heading, omit “where person suspected of illegal absence”;
15(b) in subsection (2)(a), for “or is absent without leave” substitute “, is
absent without leave or has committed an offence under section 12
(disobedience to lawful commands)”;
(c) in subsection (6), for “or 9” substitute “, 9 or 12”.
15 Pre-charge custody
20(1) Chapter 1 of Part 4 of AFA 2006 (custody without charge) is amended as
follows.
(2) In section 98 (limitations on custody without charge)—
(a) in subsection (2)—
(i)
25
in the opening words, for “commanding officer of” substitute
“appropriate authority in relation to”;
(ii) in the closing words, for “commanding officer” substitute
“appropriate authority”;
(b) in subsection (3) for “his commanding officer” substitute “the
appropriate authority”;
30(c) after subsection (4) insert—
“(5) In this section “appropriate authority” has the meaning given
by section 99(10).”
(3) In section 99 (authorisation by commanding officer of custody without
charge)—
35(a) in the heading, omit “by commanding officer”;
(b) in subsection (1)—
(i) omit “and” after paragraph (a);
(ii) after that paragraph insert—
“(aa)
40
whether the arrest is made in respect of a serious
offence, and”;
Armed Forces Bill 30

(c) after subsection (1) insert—
“(1A) Where the person is arrested under section 67 for a serious
offence, the matters mentioned in subsection (1) must also be
reported as soon as practicable to—
5(a) the Provost Marshal for serious crime, and
(b) the Provost Marshal of the service police force for the
service of which the person is a member.”;
(d) in subsection (3)—
(i) after “subsection (1)” insert “or (1A)”;
10(ii) for “commanding officer”, in both places, substitute
“appropriate authority”;
(iii) in paragraph (b), for “his” substitute “the authority’s”;
(e) in subsection (4)—
(i)
15
for “commanding officer” substitute “appropriate authority”,
and
(ii) in the closing words, for “he” substitute “the authority”;
(f) after subsection (7) insert—
“(8) A Provost Marshal may notify the commanding officer of a
20
person arrested for a serious offence that the Provost Marshal
is to act as the appropriate authority in relation to the person
(in place of the commanding officer).
(9) Notification under subsection (8)—
(a) may be given orally or in writing;
(b)
25
must be given as soon as reasonably practicable but in
any event no later than 6 hours after the arrest.
(10) In this section—
“appropriate authority”, in relation to a person being kept
in service custody, means—
(a) in a case where—
30(i) the person is arrested for a serious
offence, and
(ii) a notification is given by a Provost
Marshal under subsection (8),
the Provost Marshal;
35(b) in any other case, the person’s commanding
officer;
“serious offence” means any of the following—
(a) an offence within subsection (2) of section 54;
(b) a service offence listed in Schedule 2;
40(c) an offence under section 42 as respects which
the corresponding offence under the law of
England and Wales—
(i) is an offence that is not listed in Schedule
1 or in paragraph 12 of Schedule 2, and
31 Armed Forces Bill

(ii) is punishable by a sentence of
imprisonment for a term of two years or
more;
(d)
5
an offence committed in circumstances that cause
the duty in section 114 to apply.”
(4) In section 100 (review of custody by commanding officer)—
(a) in the heading, omit “by commanding officer”;
(b) in subsection (1), for “commanding officer of” substitute “appropriate
authority in relation to”;
10(c) in subsection (2), after “99(1)” insert “or (1A)”;
(d) in subsection (4), in each of paragraphs (a) and (b), for “commanding
officer” substitute “appropriate authority”;
(e) after subsection (6) insert—
“(7)
15
In this section “appropriate authority” has the meaning given
by section 99(10).”
(5) In section 101 (extension by judge advocate of custody without charge), after
subsection (1) insert—
“(1A) An application under subsection (1) may also be made by a Provost
20
Marshal in the case of a person arrested under section 67 for a serious
offence, as defined by section 99(10).”
(6) In section 104 (custody without charge: supplementary), in subsection (1),
after paragraph (a) insert—
“(aa) for the delegation by a Provost Marshal of any of the Provost
Marshal’s functions under sections 98 to 102;”.
2516 Time limit for charging certain offences
After section 58 of AFA 2006 insert—
“58A Time limit for charging certain offences under section 42
(1) A person may not be charged with a summary offence under section
42 (a “section 42 offence”) after the end of the applicable period.
30(2) An offence is a “summary” offence under section 42 if the
corresponding offence under the law of England and Wales (“the
corresponding offence”) is a summary offence.
(3) The “applicable period”, in relation to a section 42 offence, is—
(a)
35
if the 6 month time limit imposed by section 127(1) of the
Magistrates’ Courts Act 1980 for a magistrates’ court to try an
information would apply in respect of the corresponding
offence, 6 months beginning with the date of the commission
of the section 42 offence;
(b)
40
if another time limit for a magistrates’ court to try an
1
information would apply in respect of the corresponding
Armed Forces Bill 32

offence, the maximum period that would comply with that
time limit in respect of the section 42 offence.
(4) Subsection (1) does not apply to a section 42 offence if—
(a)
5
no time limit is imposed in respect of the corresponding offence
in relation to the power of a magistrates’ court to try an
information summarily, or
(b) a determination is made under subsection (5).
(5) The Director of Service Prosecutions may determine that the time limit
imposed by subsection (1) is not to apply to a section 42 offence if—
10(a) the matter has been referred to the Director by—
(i) the commanding officer of the person alleged to have
committed the offence, or
(ii) a service policeman, and
(b)
15
the Director considers it in the interests of justice to make the
determination.”
Duties and powers of commanding officers
17 Duty of commanding officers to report serious offences
(1) Section 113 of AFA 2006 (CO to ensure service police aware of possibility
serious offence committed) is amended as follows.
20(2) In subsection (1), for “an officer” substitute “a commanding officer of one or
more persons”.
(3) In subsection (2), for “relevant person” substitute “person subject to service
law”.
(4) After subsection (2) insert—
25“(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.”
(5) Omit subsection (3).
18 Summary hearings: punishments available to commanding officers
30(1) AFA 2006 is amended as follows.
(2) In section 132 (punishments available to commanding officer)—
(a) in subsection (1), in row 1 of the Table, in the third column, for
paragraphs (a) to (c) substitute—
“(a)
35
leading rate in the Royal Navy or corporal in the Royal
Marines;
(b) corporal, bombardier, lance sergeant or lance corporal
of Horse in any of His Majesty’s military forces;
(c) corporal in any of His Majesty’s air forces”;
33 Armed Forces Bill

(b) omit subsection (1A).
(3) In section 133 (detention: limits on powers)—
(a) in subsection (2), for paragraphs (a) to (c) substitute—
“(a)
5
leading rate in the Royal Navy or corporal in the Royal
Marines,
(b) corporal, bombardier, lance sergeant or lance corporal
of Horse in any of His Majesty’s military forces,
(c) corporal in any of His Majesty’s air forces,”;
(b) omit subsection (2A).
1019 Deprivation orders: punishments available to commanding officers
(1) Section 138 of AFA 2006 (prohibited combinations of punishments) is amended
as follows.
(2) In subsection (2), after paragraph (b) insert—
“(c) a deprivation order.”
15(3) In subsection (4), after paragraph (b) insert—
“(c) a deprivation order.”
(4) In subsection (5), after paragraph (b) insert—
“(c) a deprivation order.”
Service courts
2020 Qualification for membership of the Court Martial
(1) Section 156 of AFA 2006 (officers etc qualified for membership of the Court
Martial) is amended as follows.
(2) In subsection (2)(b)—
(a) omit “a warrant officer”;
25(b) at the end insert “—
(i) a warrant officer, or
(ii) an OR-7 rank other than an acting OR-7 rank.”
(3) Omit subsection (3).
(4) In subsection (3A)—
30(a) after “acting” insert “OR-7 rank”;
(b) omit paragraphs (a) to (f).
21 Power to impose post-charge conditions on persons not in service detention
(1) Part 4 of AFA 2006 (custody) is amended as follows.
Armed Forces Bill 34

(2) After section 109 insert—
“Conditions after charge when accused not in custody
109A Conditions during proceedings for service offence
(1)
5
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)
10
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)
15
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.
20(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—
25(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
30
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)
35
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)
40
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.
35 Armed Forces Bill

(2) The accused is entitled—
(a) to attend the hearing and to make representations, and
(b) to be legally represented at the hearing.
(3)
5
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—
10(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.”
15(3) In section 110 (arrest after charge or during proceedings by order of
commanding officer), in subsection (3)(c) after “107(3)” insert “or 109A(2)”.
(4) In the heading of Chapter 3, after “Custody” insert “etc”.
(5) In section 112—
(a) in the heading, after “Custody” insert “etc”;
20(b) in subsection (1)(c), after “107(4)” insert “or 109A(2) or (4)”.
(6) The amendments made by this section apply only in relation to persons
charged with a service offence on or after the day on which this section comes
into force.
22 Dismissal of charges
25(1) Section 163 of AFA 2006 (Court Martial rules) is amended as follows.
(2) In subsection (3)—
(a) in paragraph (f), after “amendment” insert “or dismissal”;
(b) after that paragraph insert—
“(fa)
30
providing for a charge that has been dismissed to be
brought again only if such conditions as the rules may
specify are met;”.
(3) After subsection (5) insert—
“(5A) Conditions that may be specified in the rules by virtue of subsection
35
(3)(fa) include a condition for a charge to be brought again only with
the permission of the High Court in England and Wales.”
23 Hospital assessment and treatment in cases of mental disorder
(1) AFA 2006 is amended as follows.
Armed Forces Bill 36

(2) After section 165 insert—
“CHAPTER 3A
POWERS TO MAKE ORDERS UNDER PART 3 OF THE MENTAL HEALTH ACT 1983
Remands to hospital
5165A 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)
10
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).
15(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
20
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
25(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—
30(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).
35(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
40
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.
37 Armed Forces Bill

(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
5165C 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—
10(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.
15(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;
20
“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)
25
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
30
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)
35
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.
Armed Forces Bill 38

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
5
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)
10
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—
15(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
20
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)
25
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.”
(3) In section 166 (fitness to stand trial), after subsection (7) insert—
“(8) See sections 165A and 165B for the powers of the Court Martial to
30
order the defendant’s admission to a hospital specified in the order
for a report on their mental condition or for treatment.”
(4) After Schedule 3A insert—
Sections 165A to 165D “SCHEDULE 3B
MODIFICATIONS OF PART 3 OF THE MENTAL HEALTH ACT 1983
Meaning of “the 1983 Act”
351 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—
39 Armed Forces Bill

(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;
5(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)
10
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.
15Orders 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)
20
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”;
25(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
30
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 This paragraph applies for the purposes of section 165C of this Act. (1)
(2) Section 37 of the 1983 Act (powers of courts to order hospital
admission etc) has effect as if—
35(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,
40
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.
Armed Forces Bill 40

(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
5
(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);
10(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)
15
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)
20
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;
25(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)
30
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;
35(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;
40(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
45
227 if it is required by subsection (2) of that
section;
41 Armed Forces Bill

(i) a sentence falls to be imposed under section
227A if it is required by subsection (2) of that
section.”;
(b)
5
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”
10
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)—
15(i) the reference to the Crown Court were to the Court
Martial;
(ii) the words from “or is” to “imprisonment” were
omitted;
(c)
20
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;
25(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)
30
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.
35Orders 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)—
40(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;
Armed Forces Bill 42

(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
5
directions) applies as if, in subsection (1)(a), the reference to a
constable included a member of a service police force.”
24 Variation or rescission of activation orders by the Service Civilian Court
In section 288 of AFA 2006 (SCC rules), in subsection (3)(ea), for “section 193”
substitute “paragraph 13 of Schedule 16 to the Sentencing Code (as modified
by paragraph 6 of Schedule 7 to this Act)”.
1025 Guidance on exercise of criminal jurisdiction
After section 320C of AFA 2006 insert—
“320D Exercise of criminal jurisdiction: guidance on information to be given
to victims
(1)
15
The Secretary of State must issue guidance for the purpose mentioned
in subsection (2) about the information to be given to victims of alleged
conduct occurring in the United Kingdom which constitutes an offence
that is triable in either a service court or a civilian court.
(2) The purpose is ensuring that sufficient information is provided in a
20
timely and appropriate manner to the victims of such conduct so as
to enable them to come to an informed view on whether they would
prefer such an offence to be tried in a service court or a civilian court
(in cases where they wish to express such a view).
(3) Guidance under this section—
(a)
25
must include guidance about the information to be provided
so as to explain the similarities and differences between
proceedings in a service court and in a civilian court;
(b) may include guidance about any other matters that the
Secretary of State considers appropriate for furthering the
purpose mentioned in subsection (2).
30(4) Any person who has functions of a public nature relating to victims
of alleged conduct of the kind mentioned in subsection (1), or any
aspect of the criminal or service justice system, must have regard to
guidance under this section where—
(a) the person is exercising such a function, and
35(b) the guidance is relevant to the exercise of that function.
(5) Subsection (4) does not apply to anything done by—
(a) a person acting in a judicial capacity, or on the instructions of
or on behalf of such a person;
(b)
40
a person acting in the discharge of a prosecution function, if
that function involves the exercise of a discretion.
43 Armed Forces Bill

(6) Before issuing guidance under this section, the Secretary of State must
consult—
(a) the Scottish Ministers,
(b) the Department of Justice in Northern Ireland,
5(c) the National Police Chiefs’ Council,
(d) the chief constable of the Police Service of Scotland,
(e) the Chief Constable of the Police Service of Northern Ireland,
(f) the Service Police Complaints Commissioner,
(g) each of the Directors,
10(h) the Provost Marshals,
(i) the Commissioner for Victims and Witnesses,
(j) the Victims and Witnesses Commissioner for Scotland, and
(k) any other person the Secretary of State thinks appropriate.
(7)
15
The Secretary of State may from time to time revise the guidance
issued under this section.
(8) Subsection (6) applies to any revised guidance unless the Secretary of
State considers that the proposed revisions are insubstantial.
(9) The current version of the guidance issued under this section must
20
be published in whatever manner the Secretary of State thinks
appropriate.
(10) In this section—
“conduct” means an act or omission;
“the Directors” means—
(a) the Director of Public Prosecutions,
25(b) the Director of Public Prosecutions for Northern Ireland,
and
(c) the Director of Service Prosecutions;
“the Provost Marshals” means—
(a)
30
the Provost Marshals of each of the service police forces,
and
(b) the Provost Marshal for serious crime;
“service court” means the Court Martial and the Service Civilian
Court.”
26 Minor revisions of guidance on exercise of criminal jurisdiction
35(1) In section 320A of AFA 2006 (guidance on exercise of criminal jurisdiction:
England or Wales)—
(a) in subsection (7), omit “or revisions to it”;
(b) after that subsection insert—
“(7A)
40
Subsection (7) applies to any revisions to the protocol unless
the Directors consider that the proposed revisions are
insubstantial.”
Armed Forces Bill 44

(2) In section 320B of AFA 2006 (guidance on exercise of criminal jurisdiction:
Scotland)—
(a) in subsection (8), omit “or revisions to it”;
(b) after that subsection insert—
5“(8A) Subsection (8) applies to any revisions to the protocol unless
the issuing authorities consider that the proposed revisions are
insubstantial.”
(3) In section 320C of AFA 2006 (guidance on exercise of criminal jurisdiction:
Northern Ireland)—
10(a) in subsection (8), omit “or revisions to it”;
(b) after that subsection insert—
“(8A) Subsection (8) applies to any revisions to the protocol unless
the issuing authorities consider that the proposed revisions are
insubstantial.”
15Driving disqualification
27 Driving disqualification orders: reduced disqualification period
(1) After section 177I of AFA 2006 insert—
“177IA Reduced disqualification period for attendance on courses
(1) This section applies where—
20(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)
25
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.
30(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—
35(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).
45 Armed Forces Bill

(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)
5
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
10(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)
15
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)
20
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
25
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)
30
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.
35(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
40
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.
Armed Forces Bill 46

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
5
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
10
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
15
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.”
(2)
20
In section 34A of the Road Traffic Offenders Act 1988 (reduced disqualification
period for attendance on courses), after subsection (8) insert—
“(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
25
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)
30
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).”
Rehabilitation of offenders
28 Rehabilitation periods
35(1) The Rehabilitation of Offenders Act 1974 is amended as follows.
(2) In section 5 (rehabilitation periods for particular sentences), as it extends to
England and Wales, in the Table in subsection (2)(b), after the fifth entry
(sentence of service detention) insert—
40
The end of the period of
6 months beginning with
39
40
The end of the period of
41
12 months beginning with
39
40
“A service
41
supervision and
1
the date of the conviction
1
the date of the conviction
1
punishment order
47 Armed Forces Bill

1 1 under the Armed
Forces Act 2006 2
in respect of which the
sentence is imposed 2
in respect of which the
sentence is imposed
The end of the period of
5
6 months beginning with
3
4
The end of the period of
5
12 months beginning with
3
4
Forfeiture of a
5
specified term of
the date of the conviction
6
the date of the conviction
6
seniority or of all
in respect of which the
sentence is imposed 7
in respect of which the
sentence is imposed 7
seniority under the
Armed Forces Act
2006
10
The end of the period of
6 months beginning with
9
10
The end of the period of
11
12 months beginning with
9
10
Reduction in rank or
11
disrating under the
the date of the conviction
12
the date of the conviction
12
Armed Forces Act
2006 in respect of which the
sentence is imposed”. 13
in respect of which the
sentence is imposed
(3)
15
In section 5B (disclosure periods for service disciplinary proceedings: Scotland),
in Table B—
(a) omit the first entry (sentence of cashiering etc);
(b) for the second entry (sentence of dismissal from service) substitute—
6 months”; 18 12 months 18 “A sentence of removal from His
Majesty’s service
20(c) for the third entry (sentence of service detention) substitute—
The term of
the sentence
21
22
The term of
23
the sentence
21 “Either of the following—
22 (a)
23
a sentence of service detention
(within the meaning given by
24
plus 6
months”; 24
plus 12
months
25
section 374 of the Armed Forces
Act 2006), or a sentence of
detention corresponding to such a
sentence, in respect of a conviction
in service disciplinary proceedings;
(b)
30
any sentence of a kind superseded
(whether directly or indirectly) by
a sentence mentioned in paragraph
(a)
(d) after the third entry insert—
6 months 34 12 months 34
35
“A service supervision and
punishment order under the Armed
Forces Act 2006
6 months 37 12 months 37 Forfeiture of a specified term of
seniority or of all seniority under the
Armed Forces Act 2006
Armed Forces Bill 48

6 months 1 12 months 1 Reduction in rank or disrating under
the Armed Forces Act 2006
6 months”. 3 12 months 3 A severe reprimand or reprimand
under the Armed Forces Act 2006
5(4) In section 5J (sentences in Scotland to which no disclosure period applies),
in subsection (1A), after paragraph (b) insert—
“(c) a sentence in relation to which a period of 6 months is specified
in the third column of Table B in section 5B.”
29 Exceptions for spent cautions when taking administrative action
10In Schedule 2 to the Rehabilitation of Offenders Act 1974 (protection for spent
cautions), after paragraph 5 insert—
“5A (1) Paragraph 3(3) does not apply in relation to any question asked by
or on behalf of a person, in the course of their duties as a superior
officer in relation to a member of His Majesty’s forces (“A”), where—
15(a) the question is asked in connection with the taking of
administrative action in relation to A, and
(b) A is informed at the time the question is asked that, by virtue
of this paragraph, spent cautions and ancillary circumstances
are to be disclosed.
20(2) Paragraph 3(4) does not apply in relation to any obligation to
disclose a spent caution, or any ancillary circumstances, imposed
for purposes related to the taking of administrative action.
(3) Paragraph 3(5) does not apply in relation to the taking of
25
administrative action in connection with a spent caution or any
ancillary circumstances.
(4) Sub-paragraphs (1) to (3) do not apply in relation to a caution given
to a person at a time when they were not a member of His Majesty’s
forces.
(5) In this paragraph—
30(a) “superior officer” has the same meaning as in the Armed
Forces Act 2006 (see section 374 of that Act, read together
with section 377(3) of that Act);
(b) “administrative action” means action (other than service
disciplinary proceedings) that—
35(i) is taken by a superior officer acting under their
powers of command in accordance with King’s
Regulations, and
(ii) is taken for the purpose of rehabilitating, censoring
40
or sanctioning another member of His Majesty’s
forces of inferior rank in order to safeguard or restore
the operational effectiveness and efficiency of those
forces;
49 Armed Forces Bill

(c) references to the taking of administrative action include the
making of any decision as to whether to take such action.”
Armed Forces Commissioner
30 Commissioner’s functions in relation to Royal Fleet Auxiliary
5(1) In section 365AA of AFA 2006 (Armed Forces Commissioner) (as inserted by
section 1(1) of the Armed Forces Commissioner Act 2025), after subsection
(6) insert—
“(7) Schedule 14ZB makes provision for the Commissioner to exercise
10
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).”
(2) Schedule 4 makes provision as follows—
(a) Part 1 inserts the new Schedule 14ZB referred to in the amendment
made by subsection (1);
15(b) Part 2 contains consequential and related amendments.
Reserve forces
31 Transfers between regular and reserve forces
(1) RFA 1996 is amended in accordance with subsections (2) and (3).
(2)
20
In section 2 (membership of the reserve forces), in subsection (3) after “only
be” insert “—
(a) men transferred to that force under regulations made under
section 331 of the Armed Forces Act 2006;
(b)”.
(3)
25
In section 4 (orders and regulations concerning the reserve forces), after
subsection (2) insert—
“(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—
30(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.”
(4) In section 331 of AFA 2006 (discharge etc from regular forces and transfer to
the reserve forces), after subsection (4) insert—
35“(5) The regulations may also in particular make provision about—
(a) a person’s eligibility for transfer to a volunteer reserve force,
and
Armed Forces Bill 50

(b) the making of applications by persons wishing to be so
transferred.”
32 Call out for permanent service
(1) Part 6 of RFA 1996 (call out for permanent service) is amended as follows.
5(2) In section 53 (maximum duration of service on call out under section 52), in
subsection (11), for the words from “as if” to the end of the subsection
substitute “with either or both of the following modifications—
(a) the omission of “or his current service under the order and
any relevant service in aggregate”;
10(b) the substitution of “5 years” for “3 years”.”
(3) In section 53A (agreement to alter limits in section 53), in subsection (4), for
“53(11)” substitute “53(11)(b)”.
(4) In section 55 (maximum duration of service on call out under section 54), in
15
subsection (11), for the words from “as if” to the end of the subsection
substitute “with either or both of the following modifications—
(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”.”
(5)
20
In section 55A (agreement to alter limits in section 55), in subsection (4), for
“55(11)” substitute “55(11)(b)”.
33 Recall for service
(1) Part 7 of RFA 1996 (recall for service of officers and former servicemen) is
amended as follows.
(2) In the heading of the Part, after “servicemen” insert “and reserves”.
25(3) In section 65 (liability of officers and former servicemen to be recalled)—
(a) in the heading, after “servicemen” insert “and reserves”;
(b) after subsection (2) insert—
“(2A) A person who is recalled for service as a member of any of the
30
volunteer reserve forces is, while in service under the recall
order concerned, deemed to be enlisted in the volunteer reserve
force concerned.”
(4) In section 66 (persons who may be recalled under Part 7)—
(a) in subsection (1)—
(i) omit the “or” at the end of paragraph (a);
35(ii) at the end of paragraph (b) insert “; or
(c) has served as a man in the volunteer reserve
forces, other than as a special member, and has
not become an officer since being discharged,”;
(b) in subsection (2)—
51 Armed Forces Bill

(i) in paragraph (a), for “55” substitute “65”;
(ii) at the end of paragraph (a), insert “or”;
(iii) in paragraph (b), for “army or the Royal Air Force” substitute
“services”;
5(iv) omit the “or” at the end of paragraph (b);
(v) omit paragraph (c);
(c) after subsection (2) insert—
“(2A) This section does not apply to any person falling within
subsection (1)(c)—
10(a) after the person has attained the age of 65, or
(b) after the end of the period of 18 years beginning with
the day on which the person was discharged from the
volunteer reserve forces.”;
(d) after subsection (3) insert—
15“(3A) The re-enlistment of a person falling within subsection (1)(c)
in the reserve forces prevents or, as the case may be, terminates
any application of this section to the person by reference to an
earlier discharge.”;
(e)
20
in subsection (4), in the words before paragraph (a), for “and (2)”
substitute “, (2) and (2A)”.
(5) In section 68 (recall for national danger, great emergency or attack on the
UK)—
(a) in subsection (1), after “order” insert “under this section”;
(b)
25
in each of subsections (2) to (5), (7) and (9), after “recall order”, insert
“under this section”;
(c) in subsection (10), after “made”, insert “under this section”.
(6) In section 69 (maximum duration of service on recall)—
(a) in the heading, at the end insert “under section 68”;
(b) in subsection (1), after “a recall order” insert “made under section 68”;
30(c) in subsection (6), for the words from “as if” to the end of the subsection
substitute “with either or both of the following modifications—
(a) the omission of “, or his current service and any relevant
service in aggregate,”;
(b) the substitution of “5 years” for “3 years”.”
35(7) After section 69 insert—
“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
40
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),
1
the recall of any person to whom section 66 applies or, if the order is
Armed Forces Bill 52

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
5
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)
10
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.
15(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—
20(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.
25(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—
30(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
35(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.
4069B Maximum duration of service on recall under section 69A
(1) This section applies for the purpose of determining when persons in
1
service under a recall order made under section 69A (“the recall order”)
53 Armed Forces Bill

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
5
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)
10
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),
15
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
20
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)—
25(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)
30
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
35
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)
40
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.”
Armed Forces Bill 54

34 Sections 32 and 33: consequential amendments
(1) RFA 1996 is amended in accordance with subsections (2) to (10).
(2) In section 34 (release from service under Part 4), in subsection (5)(b), for “and
69(8)” substitute “, 69(8) and 69B(8)”.
5(3) In section 45 (release from service of special members), in subsection (5)(b),
for “and 69(8)” substitute “, 69(8) and 69B(8)”.
(4) In section 60 (release from service under call-out order), in subsection (4)(b),
for “and 69(8)” substitute “, 69(8) and 69B(8)”.
(5) In section 72 (release and discharge from service under recall order)—
10(a) in subsection (2)(a), for “or 69” substitute “, 69, 69A(8) or 69B”;
(b) in subsection (3)(b), after “69” insert “or 69B”;
(c) in subsection (4)(b), for “and 69(8)” substitute “, 69(8) and 69B(8)”.
(6) In section 75 (power to require information)—
(a) in subsection (1), for “or (b)” substitute “, (b) or (c)”;
15(b) after subsection (2), insert—
“(2A) The regulations must secure that a person who falls within
subsection (1)(c) of section 66 is under no obligation to provide
information after he ceases to be a person to whom that section
applies by virtue of subsection (2A) of that section.”
20(7) In section 77 (interpretation of Part 7), in the definition of “recall order”, after
“68” insert “or 69A”.
(8) In section 81 (regulations under section 78 or 79: supplementary), in subsection
(3)(c), after “69(6)” insert or “69B(6)”.
(9)
25
In section 125A (supply of contact details by HMRC), in subsection (1)(b),
after “servicemen” insert “and reserves”.
(10) In section 127 (interpretation of Act), in subsection (1), in the definition of
“prescribed”, after “Part VII” insert “and Part 7 of Schedule 9”.
(11) In section 1 of the Reserve Forces (Safeguard of Employment) Act 1985
(obligation to reinstate employees), in subsection (1)(c)—
30(a) after “68” insert “or 69A”;
(b) after “servicemen” insert “or reserves”.
(12) In section 368 of AFA 2006 (references in Act to members of the regular
forces)—
(a) in subsection (1), for “and” substitute “to”;
35(b) after subsection (2) insert—
“(2A) Subsection (2) is subject to section 65(2A) of the Reserve Forces
Act 1996 (recalled members of volunteer reserve force deemed
enlisted in that force).”
55 Armed Forces Bill

35 Sections 32 and 33: transitional classes
Schedule 5 amends section 129 of, and Schedule 9 to, RFA 1996 (application
of Act to members of transitional classes) to make transitional provision in
connection with the amendments made by sections 32 and 33 of this Act.
536 Punishment etc of offences of desertion or absence without leave
In section 98 of RFA 1996 (punishment etc of offences of desertion or absence
without leave)—
(a) in subsection (2), for “member of a reserve force” substitute “person”;
(b) in subsection (3), for “member of a reserve force” substitute “person”.
1037 Reserve Forces and Cadets Association
(1) In Part 11 of RFA 1996 (reserve associations)—
(a) for the Part heading substitute “Reserve Forces and Cadets
Association”;
(b) before section 112 insert—
15“111A Reserve Forces and Cadets Association
(1) A body corporate called the Reserve Forces and Cadets
Association (in this Part “the RFCA”) is established.
(2) The RFCA has the functions conferred on it by or under this
Act or any other enactment.
20(3) Schedule 4A contains further provision about the RFCA.”
(2) In consequence of the amendments made by subsection (1), the following
bodies are abolished—
(a) each association established under section 110 of RFA 1996;
(b)
25
the body known as the Council of Reserve Forces’ and Cadets’
Associations (formerly the Council of Territorial, Auxiliary and
Volunteer Reserve Associations) appointed under section 116 of that
Act.
(3) Schedule 6 makes provision as follows—
(a)
30
Part 1 inserts Schedule 4A to RFA 1996, which makes further provision
about the RFCA;
(b) Part 2 makes provision about the transfer of staff and property of
bodies abolished by subsection (2);
(c) Part 3 amends and repeals provisions of RFA 1996 and other legislation
35
in consequence of the abolition of those bodies and the establishment
of the RFCA.
Armed Forces Bill 56

Parliamentary control of armed forces numbers and commitments
38 Parliamentary control of air forces numbers
Section 1 of the Air Force (Constitution) Act 1917 (raising and number of air
forces) is amended as follows—
5(a) in the heading, omit “and number”;
(b) omit “such number of”;
(c) omit “as may from time to time be provided by Parliament”.
39 Parliamentary control of reserve force numbers and commitments
(1) RFA 1996 is amended as follows.
10(2) Omit section 3 (control of numbers in the reserve forces).
(3) Omit section 26 (Parliamentary control of commitments).
(4) In section 36 (Parliamentary control of numbers and reports: special
agreements)—
(a) for the heading substitute “Reports”;
15(b) omit subsections (1) and (2).
(5) In section 47 (Parliamentary control of numbers and reports: special members
of a reserve force)—
(a) for the heading substitute “Reports”;
(b) omit subsections (1) and (2).
20(6) Omit section 50(6) (persons called-out not to be reckoned in regular service
numbers).
(7) Omit section 65(5) (persons recalled not to be reckoned in regular service
numbers).
Visiting forces
2540 Prohibition on sentences of death
In section 2 of VFA 1952 (exercise of powers by service courts and authorities
of countries sending visiting forces), in subsection (4), for the words after
“provisions of this section” to the end substitute “—
(a)
30
a sentence of death may not be passed in proceedings in the
United Kingdom by a service court of a country to which this
section applies, and
(b) any such sentence passed by such a court in proceedings
outside the United Kingdom may not be carried out in the
United Kingdom.”
57 Armed Forces Bill

41 Evidence of act being carried out in course of duty
(1) Section 11 of VFA 1952 (evidence for purposes of Part 1 of Act) is amended
as set out in subsections (2) and (3).
(2)
5
In subsection (4), for “the contrary is proved” substitute “subsection (5)
applies”.
(3) After subsection (4) insert—
“(5) This subsection applies if the Secretary of State determines that the
alleged offence of the person mentioned in subsection (4) did not arise
10
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;
15(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
20
mentioned in subsection (4), sufficient evidence of the facts mentioned
in it.”
(4) In paragraph 8 of the Schedule to IHDOA 1964 (evidence for the purposes
of VFA 1952)—
(a) the existing text becomes sub-paragraph (1);
(b) in that sub-paragraph—
25(i) at the end of paragraph (a), insert “is sufficient evidence of the
facts so stated unless the contrary is proved”;
(ii) at the end of paragraph (b), insert “is sufficient evidence of the
facts so stated unless sub-paragraph (2) applies”;
(iii) omit the words after paragraph (b);
30(c) after that sub-paragraph insert—
“(2) This sub-paragraph applies if the Secretary of State
determines that the alleged offence of a person mentioned
in sub-paragraph (1)(b) did not arise out of and in the course
35
of that person’s duty as a member of the headquarters
concerned.
(3) Before making a determination under sub-paragraph (2) the
Secretary of State must take account of any representations
made by or on behalf of—
(a) the authority mentioned in sub-paragraph (1)(a);
40(b) any person with responsibility for prosecuting the
offence in the United Kingdom.
Armed Forces Bill 58

(4) Evidence of a determination under sub-paragraph (2) is to
be given by the issuing of a certificate by the Secretary of
State.
(5)
5
A certificate under sub-paragraph (4) is, in proceedings for
the offence mentioned in sub-paragraph (2), sufficient
evidence of the facts mentioned in it.”
Ministry of Defence Police
42 Governance and administration of Ministry of Defence Police
(1) The Ministry of Defence Police Act 1987 is amended as follows.
10(2) In section 3A (regulations relating to disciplinary matters)—
(a) in the heading, omit “relating to disciplinary matters”;
(b) in subsection (1), in the words before paragraph (a), after “to” insert
“the governance and administration of the Ministry of Defence Police,
including (in particular)”;
15(c) in that subsection, in paragraph (b) at the end insert “and from their
office as constable”.
(3) In section 4 (representation etc at disciplinary proceedings), in subsection
(1)(a) after “section 3A” insert “by virtue of subsection (1A) or (1B) of that
section”.
20(4) In section 4A (appeals against dismissal etc), in subsection (1)(b) omit “or
Schedule 3 to the Police and Fire Reform (Scotland) Act 2012”.
43 Cross-border enforcement powers of Ministry of Defence Police
(1) Part 10 of the Criminal Justice and Public Order Act 1994 (cross-border
enforcement) is amended as follows.
25(2) In section 136 (execution of warrants)—
(a) in each of subsections (1) and (2), after “Energy Act 2004” insert “, or
by a constable who is a member of the Ministry of Defence Police”;
(b) in subsection (3), after “execution” insert “, or by a constable who is
a member of the Ministry of Defence Police,”.
30(3) In section 137 (cross-border powers of arrest etc.), after subsection (3) insert—
“(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.”
(4) In section 137A (urgent cases), after subsection (5) insert—
35“(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).”
59 Armed Forces Bill

(5) In section 139 (search powers available on arrest under sections 136, 137 and
137A)—
(a) in each of subsections (10A) and (10C), after “Constabulary” insert “or
a constable who is a member of the Ministry of Defence Police”;
5(b) in subsection (10B), after “subsection (3B)” insert “, or where a constable
who is a member of the Ministry of Defence Police searches premises
in Northern Ireland in exercise of that power”.
(6) In section 140 (reciprocal powers of arrest), after subsection (6A) insert—
“(6B) The references in—
10(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)
15
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.”
44 Property in possession of Ministry of Defence Police
In section 2 of the Police (Property) Act 1897 (regulations with respect to
20
unclaimed property in possession of police), in subsection (2B), at the end
insert “or, in the case of the Ministry of Defence Police, the Secretary of State”.
Miscellaneous provisions
45 Detention etc of persons overseas in cases of mental disorder
(1) Schedule 7 amends Schedule 12 to AFA 2006 (detention etc of persons in
overseas service hospitals).
25(2) In consequence of the amendments made by Schedule 7, section 351 of AFA
2006 is amended as follows—
(a) in the heading, for “in overseas service hospitals” substitute “overseas
in cases of mental disorder”;
(b)
30
for the words in brackets substitute “(detention etc overseas in cases
of mental disorder)”.
46 Defence functions of the Oil and Pipelines Agency
After section 2 of the Oil and Pipelines Act 1985 insert—
“2A Defence functions of Agency
(1)
35
The Agency may, in addition to the activities mentioned in section
2—
(a) carry out any other activity in connection with the production,
conveyance, storage or supply of energy for defence purposes,
or
Armed Forces Bill 60

(b) enter into an agreement with any other person for the carrying
out of such an activity for such purposes.
(2) For the purposes of subsection (1)—
(a)
5
“energy” means energy in any form and includes fuel or other
substances used to produce energy;
(b) the reference to the production of energy includes the
conversion of energy from one form to another;
(c) an activity is carried out “for defence purposes” if it is carried
10
out wholly or mainly for the purposes of, or otherwise for the
benefit of, the department of the Secretary of State with
responsibility for defence.”
47 Protection of military remains
(1) Section 1 of the Protection of Military Remains Act 1986 (application of Act)
is amended as follows.
15(2) In subsection (1)—
(a) the words from “any” to the end of the subsection become paragraph
(a);
(b) at the end of that paragraph insert “, or
(b)
20
any vessel which has sunk or been stranded (whether
before or after the passing of the Armed Forces Act
2026) while in military service.”
(3) After subsection (1) insert—
“(1A) In the case of a vessel which sank or was stranded while in service
25
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.”
(4) In subsection (2)—
(a) omit paragraph (a);
30(b) in paragraph (b)—
(i) after “aircraft” insert “or vessel”;
(ii) omit “or a vessel which has so sunk or been stranded”;
(c) omit the words after paragraph (b).
(5) Omit subsection (3).
35(6) In subsection (4), omit paragraph (a).
(7) Omit subsection (8).
48 Police and Criminal Evidence (Northern Ireland) Order 1989: updating
(1) The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I.
1989/1341 (N.I. 12)) is amended as follows.
61 Armed Forces Bill

(2) In Article 63A (fingerprints and samples: supplementary provisions), in
paragraph (1B)—
(a) in sub-paragraph (g) for “the Royal Navy Regulating Branch” substitute
“the Royal Navy Police”;
5(b) omit sub-paragraph (j).
(3) In Schedule 2 (preserved powers of arrest), omit the entries relating to—
(a) the Army Act 1955,
(b) the Air Force Act 1955,
(c) the Naval Discipline Act 1957, and
10(d) the Reserve Forces Act 1980.
49 Coroners and Justice Act 2009: correcting amendment
In Part 2 of Schedule 7 to the Coroners and Justice Act 2009 (allowances
payable to witnesses), in paragraph 5(2)(a), before “police force” insert
“service”.
15General
50 Interpretation
In this Act—
“AFA 2006” means the Armed Forces Act 2006;
20
“IHDOA 1964” means the International Headquarters and Defence
Organisations Act 1964;
“RFA 1996” means the Reserve Forces Act 1996;
“VFA 1952” means the Visiting Forces Act 1952.
51 Financial provision
There is to be paid out of money provided by Parliament—
25(a) any expenditure incurred under or by virtue of this Act by a Minister of the
Crown or the Defence Council, and
(b) any increase attributable to the Act in the sums payable under any other Act
out of money so provided.
52 Extent in the United Kingdom
30(1) This Act extends to England and Wales, Scotland and Northern Ireland, subject
as follows.
(2) The following provisions extend to England and Wales only—
(a) section 3 and Schedule 1, so far as they insert Chapter 2 of Part 16C
of, and Part 4 of Schedule 11A to, AFA 2006;
35(b) section 5 and Schedule 2;
(c) section 9;
(d) section 28(2);
Armed Forces Bill 62

(e) section 49;
(f) Parts 6 and 7 of Schedule 3 (and section 6, so far as it relates to those
Parts of that Schedule).
(3) Section 28(3) and (4) extends to Scotland only.
5(4) Section 48 extends to Northern Ireland only.
(5) Any other amendment or repeal made by this Act has the same extent within
the United Kingdom as the provision amended or repealed.
53 Extent in the Channel Islands, Isle of Man and British overseas territories
(1)
10
The power under section 384(1) of AFA 2006 may be exercised so as to extend
to any of the Channel Islands any amendment of, or repeal of any provision
of, AFA 2006 made by this Act (with or without modifications).
(2) The provisions mentioned in subsection (3) extend to—
(a) the Isle of Man, and
(b) the British overseas territories, except Gibraltar.
15(3) The provisions are—
(a) sections 1, 2, 8, 10, 12 to 27, 34(12) and 45;
(b) section 3 and Schedule 1, except so far as they insert Chapter 2 of Part
16C of, and Part 4 of Schedule 11A to, AFA 2006;
(c) sections 50 and 51, this section and sections 54 and 55;
20(d) Parts 1 to 5 and 8 of Schedule 3 (and section 6, so far as it relates to
those Parts of that Schedule);
(e) Schedule 7.
(4) His Majesty may by Order in Council provide for section 30 and Schedule 4
25
to extend, with or without modifications, to a territory mentioned in subsection
(5).
(5) The territories are—
(a) the Isle of Man;
(b) any of the British overseas territories, except Gibraltar.
(6)
30
The power under section 384(2) of AFA 2006 may be exercised so as to modify
any provision of AFA 2006, as amended by this Act, as it extends to the Isle
of Man or a British overseas territory other than Gibraltar.
(7) The power under section 132(3) of RFA 1996 may be exercised so as to extend
to any of the Channel Islands or the Isle of Man any amendment of, or repeal
35
of any provision of, RFA 1996 made by this Act (with or without
modifications).
(8) The power under subsection (1) of section 15 of VFA 1952 may be exercised
so as to extend to a territory specified in subsection (3) of that section—
(a) the amendments of section 2 of VFA 1952 made by section 40 of this
Act;
63 Armed Forces Bill

(b) the amendments of section 11 of VFA 1952 made by section 41(2) and
(3) of this Act;
(c) any Order in Council which—
(i)
5
is made under section 1(2) of VFA 1952 in relation to sections
2 or 11 of VFA 1952, and
(ii) is in force at the coming into force of any Order in Council
made under section 15(1) of VFA 1952 by virtue of paragraph
(a) or (b) of this subsection.
(9)
10
The power under subsection (1) of section 2 of IHDOA 1964 may be exercised
so as to extend to a territory specified in that subsection the amendments of
paragraph 8 of the Schedule to IHDOA 1964 made by section 41(4) of this
Act.
54 Commencement and transitional provision
(1)
15
The following provisions come into force on the day on which this Act is
passed—
(a) section 1;
(b) section 42(1) and (4);
(c) sections 43 and 44;
(d) sections 50 to 53, this section and section 55.
20(2) The following provisions come into force at the end of the period of two
months beginning with the day on which this Act is passed—
(a) sections 18 and 19;
(b) section 31;
(c) sections 38 and 39;
25(d) section 42(2) and (3);
(e) section 47.
(3) The remaining provisions of this Act come into force on such day as the
Secretary of State may appoint by regulations.
(4)
30
The Secretary of State may by regulations make transitional, transitory or
saving provision in connection with the coming into force of a provision of
this Act.
(5) Regulations under this section—
(a) are to be made by statutory instrument, and
(b) may make different provision for different purposes.
3555 Short title
This Act may be cited as the Armed Forces Act 2026.
Armed Forces Bill 64

SCHEDULES
Section 3 SCHEDULE 1
DEFENCE HOUSING AND OTHER PROPERTY
PART 1
5FURTHER PROVISION ABOUT THE DEFENCE HOUSING SERVICE AND COMPULSORY
PURCHASE
1 After Schedule 11 to AFA 2006 insert—
Sections 343D, 343G and 343H “SCHEDULE 11A
DEFENCE HOUSING AND OTHER PROPERTY
10PART 1
DEFENCE HOUSING SERVICE: CONSTITUTION
Status
1 The Defence Housing Service is not to be regarded— (1)
(a) as a servant or agent of the Crown, or
15(b) subject to sub-paragraph (3), as enjoying any status,
immunity or privilege of the Crown.
(2) Sub-paragraph (3) applies where—
(a) the Defence Housing Service carries out a function
20
conferred by a direction given by the Secretary of State
under section 343E(2)(b) (whether in addition to, or instead
of, a Minister of the Crown), and
(b) immediately before the giving of the direction, the function
was a function of a Minister of the Crown.
(3)
25
If or to the extent that the direction so specifies, the Defence
Housing Service has the same immunities, privileges and
exemptions in respect of the carrying out of the function as would
apply to the Minister of the Crown in relation to the carrying out
of the function.
(4)
30
Subject to sub-paragraphs (5) and (6), the Defence Housing
Service’s property is not to be regarded as property of, or property
held on behalf of, the Crown.
(5) A property transfer scheme made under section 343G may provide
for property that is transferred from the Secretary of State to the
1
Defence Housing Service under the scheme to be treated as if it
65 Armed Forces Bill
Schedule 1—Defence Housing and other property
Part 1—Further provision about the Defence Housing Service and compulsory purchase

were property of, or held on behalf of, the Crown on and after
its transfer.
(6) Regulations made by the Secretary of State may provide for any
5
other property held by the Defence Housing Service for defence
purposes to be treated as if it were property of, or held on behalf
of, the Crown for the purpose of the application of an enactment
specified in the regulations.
(7) Provision made by virtue of sub-paragraph (5) or (6) may apply—
(a)
10
generally to property of the Defence Housing Service or
only to such descriptions of property as the provision may
specify;
(b) subject to such conditions as the provision may specify.
Membership
2 The Defence Housing Service is to consist of— (1)
15(a) the person appointed as its chief executive (see paragraph
5(1)(a)), and
(b) such other members as the Secretary of State may from
time to time appoint.
(2) The Secretary of State must—
20(a) ensure that the number of members is not less than six;
(b) appoint one of the members as the chair.
Terms of appointment
3 A member of the Defence Housing Service holds and vacates
25
office in accordance with the terms of their appointment (subject
to this Part of this Schedule).
(1)
(2) A member may at any time resign from office by giving notice
in writing to the Secretary of State.
(3) The Secretary of State may by notice in writing remove a member
from office who—
30(a) has without reasonable excuse failed to discharge the
functions of their office, or
(b) in the opinion of the Secretary of State is otherwise unable
or unfit to carry out those functions.
(4)
35
The Secretary of State may suspend a member if it appears to
the Secretary of State that there are or may be grounds to remove
the person from office under sub-paragraph (3).
(5) A person who ceases to be a member is eligible for reappointment.
Armed Forces Bill 66
Schedule 1—Defence Housing and other property
Part 1—Further provision about the Defence Housing Service and compulsory purchase

Payment of members
4 The Defence Housing Service may, with the approval of the
Secretary of State—
(a) pay remuneration and allowances to members, and
5(b) pay or provide for the payment of pensions, allowances
and gratuities to or in respect of a person who is or has
been a member.
Employees and other members of staff
5 The Defence Housing Service— (1)
10(a) must employ a person approved by the Secretary of State
to be chief executive;
(b) may employ such number of other persons as it thinks
appropriate.
(2) The Defence Housing Service may—
15(a) pay remuneration and allowances to employees, and
(b) pay or provide for the payment of pensions, allowances
and gratuities to or in respect of any person who is or has
been an employee.
(3)
20
Employees are to be appointed on such other terms and conditions
as the Defence Housing Service may decide.
6 The Defence Housing Service may make arrangements for persons
to be seconded to the Defence Housing Service.
(1)
(2) The arrangements may include provision for payments by or on
behalf of the Defence Housing Service.
257 Service as a member of staff of the Defence Housing Service is
not service in the civil service of the State.
(1)
(2) A person employed in the civil service of the State continues to
be employed in the civil service of the State during any period
of secondment to the Defence Housing Service.
308 References in this Part of this Schedule to members of staff of the
Defence Housing Service are to persons who—
(a) are employees of the Defence Housing Service, or
(b) have been seconded to the Defence Housing Service.
Committees
359 The Defence Housing Service may establish committees. (1)
(2) A committee established by the Defence Housing Service may
establish sub-committees.
67 Armed Forces Bill
Schedule 1—Defence Housing and other property
Part 1—Further provision about the Defence Housing Service and compulsory purchase

(3) A committee or sub-committee may comprise or include persons
who are not members of the Defence Housing Service or members
of staff of the Defence Housing Service.
Delegation
510 The Defence Housing Service may delegate any of its functions
to—
(1)
(a) a member,
(b) a member of staff,
(c) a committee,
10(d) a sub-committee, or
(e) a company formed by the Defence Housing Service.
(2) A function is delegated under this paragraph to the extent and
on the terms that the Defence Housing Service decides.
11
15
A committee established by the Defence Housing Service may
delegate any of its functions to—
(1)
(a) a member of the committee, or
(b) a sub-committee established by it.
(2) A function is delegated under this paragraph to the extent and
on the terms that the committee decides.
20(3) The powers of a committee established by the Defence Housing
Service to delegate a function under this paragraph, and to decide
the extent and terms of the delegation, are subject to the powers
of the Defence Housing Service to direct what a committee
established by it may or may not do.
2512 The delegation of a function by the Defence Housing Service or
a committee under paragraph 10 or 11 does not prevent the
Defence Housing Service or the committee, as the case may be,
from exercising the function.
Procedure
3013 The Defence Housing Service may decide— (1)
(a) its own procedure, and
(b) the procedure of any committee or sub-committee.
(2) Subject to sub-paragraph (1), a committee may decide—
(a) its own procedure, and
35(b) the procedure of any of its sub-committees.
(3) Subject to sub-paragraphs (1) and (2), a committee or
sub-committee may decide its own procedure.
(4) In this paragraph “procedure” includes quorum.
Armed Forces Bill 68
Schedule 1—Defence Housing and other property
Part 1—Further provision about the Defence Housing Service and compulsory purchase

(5) The validity of proceedings of the Defence Housing Service, or
of a committee or sub-committee, is not affected by a vacancy or
defective appointment.
Financial assistance
514 The Secretary of State may provide to the Defence Housing Service
such financial assistance as the Secretary of State considers appropriate.
(1)
(2) Financial assistance under this paragraph may be provided subject to
such conditions as the Secretary of State considers appropriate.
Accounts and audit
1015 The Defence Housing Service must keep proper accounts and
proper records in relation to them.
(1)
(2) The Defence Housing Service must prepare a statement of
accounts in respect of each financial year in such form as the
Secretary of State may direct.
15(3) The Defence Housing Service must send a copy of each statement
of accounts to the Comptroller and Auditor General within such
period after the end of the financial year to which the accounts
relate as the Secretary of State may direct.
(4)
20
The statement must be in such form as the Secretary of State may
direct.
(5) The Comptroller and Auditor General must—
(a) examine, certify and report on each statement, and
(b) send a copy of each report and certified statement to the
Secretary of State.
25(6) The Secretary of State must lay before Parliament a copy of each
document received under sub-paragraph (5)(b).
Annual report
16 As soon as reasonably practicable after the end of each financial
30
year the Defence Housing Service must prepare a report on the
exercise of its functions during that financial year.
(1)
(2) The Defence Housing Service must send the report to the Secretary
of State.
(3) The Secretary of State must lay the report before Parliament.
Meaning of “financial year”
3517 In this Part of this Schedule “financial year” means—
(a) the period beginning with the date on which the Defence
Housing Service is established and ending with the second
31 March following that date, and
69 Armed Forces Bill
Schedule 1—Defence Housing and other property
Part 1—Further provision about the Defence Housing Service and compulsory purchase

(b) each successive period of 12 months.
Provision of information
18 The Defence Housing Service must provide to the Secretary of
5
State such information relating to the exercise of its functions as
the Secretary of State may request.
Seal and evidence
19 The application of the seal of the Defence Housing Service must
be authenticated by the signature of—
(1)
(a) the chair,
10(b) the chief executive, or
(c) any other member who has been authorised for that
purpose.
(2) A document purporting to be duly executed under the seal of
the Defence Housing Service or signed on its behalf—
15(a) is to be received in evidence, and
(b) is to be taken to be executed or signed in that way, unless
the contrary is proved.
(3) This paragraph does not apply in relation to any document which
is, or is to be, signed in accordance with the law of Scotland.
20Transitional provision
20 The Secretary of State (instead of the Defence Housing Service)
may—
(a) appoint the first chief executive, and
(b)
25
decide the terms and conditions of service which are
applicable to the first chief executive on appointment as
an employee of the Defence Housing Service.
PART 2
DEFENCE HOUSING SERVICE: TRANSFER SCHEMES
Provision which can be made by transfer schemes
3021 A scheme under section 343G (in this Part of this Schedule, a
“transfer scheme”) may be either—
(1)
(a) a “property transfer scheme”, for the transfer to the
Defence Housing Service of any property, rights or
35
liabilities, other than rights or liabilities under or in
connection with a contract of employment, or
(b) a “staff transfer scheme”, for the transfer to the Defence
Housing Service of any rights or liabilities under or in
connection with a contract of employment.
Armed Forces Bill 70
Schedule 1—Defence Housing and other property
Part 1—Further provision about the Defence Housing Service and compulsory purchase

(2) The things that may be transferred under a transfer scheme
include—
(a) property, rights and liabilities that could not otherwise be
transferred;
5(b) property acquired, and rights and liabilities arising, after
the making of the scheme;
(c) criminal liabilities.
(3) A transfer scheme may make supplementary, incidental,
transitional or consequential provision and may, in particular—
10(a) create rights, or impose liabilities, in relation to property
or rights transferred;
(b) make provision about the continuing effect of things done
by the Secretary of State in respect of anything transferred;
(c)
15
make provision about the continuation of things (including
legal proceedings) in the process of being done by, on
behalf of, or in relation to, the Secretary of State in respect
of anything transferred;
(d) make provision for references to the Secretary of State in
20
an instrument or other document in respect of anything
transferred to be treated as references to the Defence
Housing Service.
(4) A transfer scheme may provide—
(a) for modifications by agreement;
(b)
25
for modifications to have effect from the date when the
original scheme came into effect.
(5) A property transfer scheme may—
(a) make provision for the shared ownership or use of
property;
(b) make provision of the type mentioned in paragraph 1(5).
30(6) References in this paragraph to the transfer of property include
the grant of, or an agreement to grant, a lease.
(7) A staff transfer scheme may make provision which is the same
as or similar to the Transfer of Undertakings (Protection of
Employment) Regulations 2006 (S.I. 2006/246).
35(8) For the purposes of this paragraph—
(a) an individual who holds employment in the civil service
of the State is to be treated as employed by virtue of a
contract of employment, and
(b)
40
the terms of the individual’s employment in the civil
service are to be regarded as constituting the terms of the
contract of employment.
(9) References in this paragraph to the Defence Housing Service
include a company formed by the Defence Housing Service.
71 Armed Forces Bill
Schedule 1—Defence Housing and other property
Part 1—Further provision about the Defence Housing Service and compulsory purchase

PART 3
DEFENCE HOUSING SERVICE: TAX TREATMENT OF TRANSFER SCHEMES
Tax treatment of transfer schemes
22
5
The Treasury may by regulations make provision varying the
way in which a relevant tax has effect in relation to—
(1)
(a) anything transferred under a transfer scheme, or
(b) anything done for the purposes of, or in relation to, a
transfer under such a scheme.
(2)
10
The provision which may be made under sub-paragraph (1)(a)
includes in particular provision for—
(a) a tax provision not to apply, or to apply with
modifications, in relation to anything transferred;
(b) anything transferred to be treated in a specified way for
the purposes of a tax provision;
15(c) the Secretary of State to be required or permitted to
determine, or specify the method for determining, anything
which needs to be determined for the purposes of any tax
provision so far as relating to anything transferred.
(3)
20
The provision which may be made under sub-paragraph (1)(b)
includes in particular provision for—
(a) a tax provision not to apply, or to apply with
modifications, in relation to anything done for the
purposes of or in relation to the transfer;
(b)
25
anything done for the purposes of, or in relation to, the
transfer to have or not have a specified consequence or
be treated in a specified way;
(c) the Secretary of State to be required or permitted to
determine, or specify the method for determining, anything
30
which needs to be determined for the purposes of any tax
provision so far as relating to anything done for the
purposes of, or in relation to, the transfer.
(4) References in this paragraph to a transfer under a transfer scheme
include references to—
(a)
35
the creation of interests, rights or liabilities under the
scheme,
(b) the modification of interests, rights or liabilities under the
scheme, and
(c) the grant of, or an agreement to grant, a lease.
(5) In this paragraph—
Armed Forces Bill 72
Schedule 1—Defence Housing and other property
Part 1—Further provision about the Defence Housing Service and compulsory purchase

“relevant tax” means income tax, corporation tax, capital
gains tax, value added tax, stamp duty, stamp duty land
tax or stamp duty reserve tax;
“tax provision” means any legislation about a relevant tax.
5PART 4
COMPULSORY PURCHASE FOR DEFENCE HOUSING AND OTHER PURPOSES:
SUPPLEMENTARY PROVISION
Application of Acquisition of Land Act 1981
23
10
The Acquisition of Land Act 1981 (“ALA 1981”) applies to the
compulsory acquisition of land under section 343H, with the
following modification.
(1)
(2) Section 17(2) of ALA 1981 (orders to be subject to special
parliamentary procedure in certain cases involving local authority
15
or statutory undertakers’ land) does not apply to the acquisition
of an interest in land by the Defence Housing Service.
24 Schedule 3 to ALA 1981 (special kinds of land) applies to the
acquisition of new rights under section 343H, with the following
modification.
(1)
(2)
20
Paragraph 4(2) of that Schedule (orders to be subject to special
parliamentary procedure in certain cases involving local authority
or statutory undertakers’ land) does not apply to the acquisition
of an interest in land by the Defence Housing Service.
Extinguishment of private rights of way etc
25
25
Sub-paragraph (2) applies where the Defence Housing Service
completes the compulsory acquisition of land under section 343H.
(1)
(2) On completion of the acquisition—
(a) all private rights of way on, under or over the land are
extinguished,
(b)
30
all rights of laying down, erecting, continuing or
maintaining any apparatus on, under or over the land are
extinguished, and
(c) any such apparatus vests in the Defence Housing Service.
(3) Sub-paragraph (2) is subject to paragraphs 26 to 29.
26
35
The Defence Housing Service may give a direction before the
completion of the acquisition that paragraph 25(2) is not to apply
to any right or apparatus specified in the direction.
27 Paragraph 25(2) is subject to any agreement which may be made
(whether before or after the completion of the acquisition)
between—
73 Armed Forces Bill
Schedule 1—Defence Housing and other property
Part 1—Further provision about the Defence Housing Service and compulsory purchase

(a) the Defence Housing Service, and
(b) the person—
(i) in whom the right or apparatus concerned is
vested, or
5(ii) to whom it belongs.
28 Paragraph 25(2) does not apply to— (1)
(a) any right vested in statutory undertakers for the purpose
of carrying on their undertaking,
(b)
10
any apparatus belonging to statutory undertakers for that
purpose,
(c) any right conferred by, or in accordance with, the
electronic communications code on the operator of an
electronic communications code network, or
(d)
15
any electronic communications apparatus kept installed
for the purposes of any such network.
(2) In sub-paragraph (1) “statutory undertakers” means persons who
are, or are deemed to be, statutory undertakers for the purposes
of any provision of Part 11 of the Town and Country Planning
20
Act 1990; and “undertaking” is to be read in accordance with
section 262 of that Act.
29 Any person who suffers loss by the extinguishment of a right, or
the vesting of any apparatus, under paragraph 25 is entitled to
compensation from the Defence Housing Service.
(1)
(2)
25
Any compensation payable under this paragraph is to be
determined in accordance with the Land Compensation Act 1961.
New rights: application of Compulsory Purchase Act 1965
30 The Compulsory Purchase Act 1965 (“CPA 1965”) applies to the
compulsory acquisition of new rights under section 343H as it
applies to the compulsory purchase of land.
(1)
30(2) In its application to the compulsory acquisition of such new rights,
that Act is to have effect subject to—
(a) the modifications specified in paragraphs 31 to 36, and
(b) such other modifications as are necessary.
(3)
35
One result of sub-paragraph (2)(b) is that, in appropriate contexts,
references in that Act to land are to be read as referring, or as
including references, to—
(a) the rights acquired or to be acquired, or
(b) land over which the rights are, or are to be, exercisable,
according to the requirements of the particular context.
Armed Forces Bill 74
Schedule 1—Defence Housing and other property
Part 1—Further provision about the Defence Housing Service and compulsory purchase