- Statutory Instrument 2006 No. 2309 (C. 79)
The Armed Forces Act 2001 (Commencement No. 7) Order 2006
© Crown Copyright 2006
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Armed Forces Act 2001 (Commencement No. 7) Order 2006, ISBN 0110750462. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 24th August 2006 |
The Secretary of State makes the following Order in exercise of the powers conferred by section 39(2) of the Armed Forces Act 2001[1]:
1. This Order may be cited as the Armed Forces Act 2001 (Commencement No. 7) Order 2006.
2. The following provisions of the Armed Forces Act 2001[a] shall come into force on 25th August 2006—
-
(a) section 29 (Custody);
(b) section 30 (Conditional release from custody).
Tom Watson
Parliamentary Under Secretary of State Ministry of Defence
24th August 2006
(This note is not part of the Order)
This Order brings into force section 29 (and thereby Schedule 4) and section 30 of the Armed Forces Act 2001 (c.19). Section 29 simply gives effect to Schedule 4 to the 2001 Act . Schedule 4 brings into force amendments to the Army Act 1955(c.18), the Air Force Act 1955 (c.19) and the Naval Discipline Act 1957(c.53), which concern the circumstances in which a person may continue to be held in custody, and, where a person is released, the requirements which may be imposed on him in order to secure his attendance at any future hearing. The amendments make provision for when matters relating to custody shall be dealt with by a judicial officer or by the judge advocate in relation to a court-martial, and also when a person is released from custody after charge or during court-martial proceedings.
Section 30 enables the Secretary of State by order to make provision for conditional release from custody pending the outcome of an appeal from a court-martial, a summary appeal court or a Standing Civilian Court hearing. This is equivalent to the award of bail pending appeal in the civilian system, but as the term "bail" does not apply in the Service system the term "conditional release" is used instead. Section 30 also amends section 42 of the Courts-Martial (Appeals) Act 1968 (c.46) by removing any restriction on who may be granted "bail" pending an appeal from the Courts-Martial Appeal Court to the House of Lords. The right to be granted "bail" was hitherto restricted to civilians subject to service law.
(This note is not part of the Order)
The following provisions of the Armed Forces Act 2001 have been brought into force by Commencement Orders made before the date of this Order:
| Provision | Date of Commencement | S.I. No. |
| ss 1, 34 and Sch. 6 (partially), 35, 36, 37, 38 and Sch. 7 (partially), and 39 | 11th May 2001 | Royal Assent |
| ss 34 and Sch. 6 (partially), and 38 and Sch. 7 (partially) | 1st October 2001 | 2001/3234 (C.104) |
| ss 17 and Sch. 1, 18, 19 and Sch. 2, 23, 24, 32(9) and Sch. 5 (partially), 34 and Sch. 6 (partially), 38 and Sch. 7 (partially) | 28th February 2002 | 2002/345 (C.8) |
| ss 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 31 and 34 and Sch. 6 (partially) | 30th September 2003 | 2003/2268 (C.89) |
| s 20 | 21st July 2004 | 2004/1938 (C.83) |
| ss 26, 27 and 28 | 14th October 2005 | 2005/2861 (C.120) |
| ss 32, 33 and Sch.5 (partially) | 1st February 2006 | 2006/235 (C.6) |
Notes:
[1] 2001 c.19back
[a] Amended by Correction Slip. Page 1, article 2, line one: "("the Act")" should be deleted. back
ISBN 0 11 075046 2