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Regulation 6
1. In this Schedule—
“the 1955 Acts” means the Army Act 1955(4) and the Air Force Act 1955(5);
“the 1957 Act” means the Naval Discipline Act 1957(6);
“commencement” means the date on which these Regulations come into force.
2. In regulations 3 and 4—
(a) references to an offence under section 8 of the 2006 Act include an offence under section 37 of either of the 1955 Acts or section 16 of the 1957 Act; and
(b) in relation to such an offence, “desertion” has the same meaning as in the Army Act 1955, the Air Force Act 1955 or the 1957 Act (as the case may be).
3. In relation to a confession made before commencement as respects which no direction has been given under section 81(2) of either of the 1955 Acts and no order has been made under section 74(1) of the 1957 Act, regulation 3 has effect as if paragraph (1)(c)(ii) and the word “and” preceding it were omitted.
4.—(1) Where a direction has been given under section 81(2) of either of the 1955 Acts or an order has been made under section 74(1) of the 1957 Act—
(a) subject to paragraph (b), the direction or order shall have effect as if it were a determination under regulation 3(2);
(b) regulation 4(2) and (3) shall not apply by virtue of the direction or order; but
(c) any period of service forfeited by virtue of the direction or order shall continue to be forfeit (unless restored by virtue of regulations made under section 17(5) of the Army Act 1955, section 17(4) of the Air Force Act 1955 or section 129D(4) of the 1957 Act, or by virtue of regulation 5), and regulation 4(4) shall apply in relation to any period so forfeited (and not so restored) as if the reference to the deserter were to the person in relation to whom the direction or order was made.
(2) The reference in sub-paragraph (1) to a direction given under section 81(2) of either of the 1955 Acts includes a direction given under that subsection of the Army Act 1955 as applied by section 4(1) of the Armed Forces Act 1981(7) (forfeiture of service by members and former members of the Royal Marines, and members of the Royal Marines Reserve).
5. Any period of service forfeited under section 17(1) of either of the 1955 Acts or section 129D(1) of the 1957 Act shall continue to be forfeit (unless restored by virtue of regulations made under section 17(5) of the Army Act 1955, section 17(4) of the Air Force Act 1955 or section 129D(4) of the 1957 Act, or by virtue of regulation 5), and regulation 4(4) shall apply in relation to any period so forfeited (and not so restored) as if the reference to the deserter were to the person convicted.
(This note is not part of the Regulations)
These Regulations provide for the forfeiture of a period of service by a member of the regular forces who has made a written confession of desertion or has been convicted of desertion.
Where the deserter has made a confession, regulation 3 enables his commanding officer to make a determination that a trial may be dispensed with. In certain circumstances the commanding officer may not make such a determination without the consent of the Director of Service Prosecutions.
Regulation 4 provides for the forfeiture of a period of desertion where the deserter has been convicted of the offence or his commanding officer has made a determination under regulation 3. The effect of the forfeiture is that the period for which the deserter is liable to serve is extended by the period forfeited.
Regulation 5 enables the Defence Council to restore some or all of a period of service forfeited under regulation 4.
Regulation 7 revokes the Armed Forces (Forfeiture of Service) Regulations 2009, which are replaced by these Regulations.
The Schedule makes transitional provision.
The Armed Forces (Forfeiture of Service) (No. 2) Regulations 2009