The Armed Forces Act 2016 (Commencement No. 3) Regulations 2019

Document Number:2019 No. 961 (C. 27)
 
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Statutory Instruments

Defence

Made

21 st May 2019

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 19(1) and (4) of the Armed Forces Act 2016(1).

Citation

  1. These Regulations may be cited as the Armed Forces Act 2016 (Commencement No. 3) Regulations 2019.

    Commencement of sections 3 to 6 of the Armed Forces Act 2016

  2. —(1) Sections 3 to 5 of the Armed Forces Act 2016 (investigation and charging) come into force—

    (a) on the day after the day on which these Regulations are made for the purpose only of conferring power to make Part 5 regulations in connection with the coming into force of those sections of the Act; and

    (b) on 1 st July 2019 in so far as they are not already in force.

    (2) Section 6 of the Armed Forces Act 2016 (period for which sentence of service detention may be suspended) comes into force on 1 st July 2019.

    (3) In this regulation “Part 5 regulations” means regulations under section 128 of the Armed Forces Act 2006(2) (regulations for purposes of Part 5).

    Transitional arrangements

  3. —(1) The amendments made by sections 3 to 5 of the Armed Forces Act 2016 do not have effect in relation to—

    (a) a case referred by a service policeman before 1 st July 2019 to—

    (i) the Director of Service Prosecutions under section 116(2) of the Armed Forces Act 2006 (referral of case following investigation by service or civilian police); or

    (ii) a person’s commanding officer under section 116(3) of the Act; or

    (b) a case where the investigation that gives rise to it has also given rise to a case mentioned in sub-paragraph (a).

    (2) For the purposes of this regulation, an investigation gives rise to two or more cases if the investigation relates to incidents or conduct that are to be regarded as giving rise to each of those cases under section 117(2) of the Armed Forces Act 2006.

    (3) In this regulation—

    (a)“investigation” means an investigation mentioned in section 116(1) of the Armed Forces Act 2006; and

    (b) references to section 116 of the Act are to that section as it had effect before 1 st July 2019.

    Tobias Ellwood

    Parliamentary Under Secretary of State

    Ministry of Defence

    21 st May 2019

    EXPLANATORY NOTE

    (This note is not part of the Regulations)

    These Regulations bring sections 3 to 5 of the Armed Forces Act 2016 (“the 2016 Act”) into force on the day after they are made to enable regulations to be made under section 128 of the Armed Forces Act 2006 (“the 2006 Act”) in connection with the...

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