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ARMED FORCES ACT 2011

UK Public General Acts

Version 23/12/2016

2011 CHAPTER 18

Default Geographical Extent: E+W+S+N.I.


  • Duration of Armed Forces Act 2006
  • Armed forces covenant report
  • Service Police and Ministry of Defence Police
  • Powers of entry, search and seizure
  • Alcohol and drugs
  • Punishments and other court orders
  • Miscellaneous amendments of Armed Forces Act 2006
  • Other amendments and repeals
  • Supplementary
  • Version 23/12/2016
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  • Version 03/11/2011

Introductory Text

Armed Forces Act 2011

2011 CHAPTER 18

An Act to continue the Armed Forces Act 2006; to amend that Act and other enactments relating to the armed forces and the Ministry of Defence Police; to amend the Visiting Forces Act 1952; to enable judge advocates to sit in civilian courts; to repeal the Naval Medical Compassionate Fund Act 1915; to make provision about the call out of reserve forces; and for connected purposes.

[3rd November 2011]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Duration of Armed Forces Act 2006


F1 1 Duration of Armed Forces Act 2006

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F1 S. 1 omitted (12.5.2016) by virtue of Armed Forces Act 2016 (c. 21), ss. 1(2), 19(2)(a)


Armed forces covenant report


2 Armed forces covenant report

After section 343 of AFA 2006 insert—

“Part 16A (E+W+S+N.I.) Armed forces covenant report
343A Armed forces covenant report
(1) The Secretary of State must in each calendar year—
(a) prepare an armed forces covenant report; and
(b) lay a copy of the report before Parliament.
(2) An armed forces covenant report is a report about effects of membership, or former membership, of the armed forces on service people, or particular descriptions of such people—
(a) in the fields of healthcare, education and housing;
(b) in the operation of inquests; and
(c) in such other fields as the Secretary of State may determine.
(3) In preparing an armed forces covenant report the Secretary of State must have regard in particular to—
(a) the unique obligations of, and sacrifices made by, the armed forces;
(b) 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.
(4) For the purposes of preparing an armed forces covenant report, the Secretary of State must obtain the views of any relevant government department, and seek the views of any relevant devolved administration, in relation to the effects to be covered by the report.
(5) An armed forces covenant report must—
(a) set out in full or summarise the views of a relevant government department or relevant devolved administration obtained pursuant to subsection (4) ; and
(b) where the views of a relevant devolved administration have been sought but not obtained, state that fact.
(6) The Secretary of State may not include in an armed forces covenant report a summary under subsection (5) (a) unless the relevant government department or relevant devolved administration has approved the summary.
(7) An armed forces covenant report must state whether, in the Secretary of State's opinion, any effects covered by the report are such that service people or particular descriptions of service people are at a disadvantage as regards the field or fields in question, when compared with other persons or such descriptions of other persons as the Secretary of State considers appropriate.
(8) Where the Secretary of State's opinion is that service people or particular descriptions of service people are at a disadvantage as mentioned in subsection (7) , the report must set out the Secretary of State's response to that.
(9) As regards effects covered by an armed forces covenant report—
(a) the Secretary of State must consider whether the making of special provision for service people or particular descriptions of service people would be justified; and
(b) where the Secretary of State considers that such provision would be justified, the report must contain a reference to that fact.
(10) In relation to any particular description of service people covered by a report, the reference in subsection (2) (a) to the fields of healthcare, education and housing is to such of those fields as the Secretary of State considers are ones in which people of that description are affected by membership or former membership of the armed forces.
343B Interpretation of Part
(1) In section 343A “ service people ” means—
(a) members of the regular forces and the reserve forces;
(b) members of British overseas territory forces who are subject to service law;
(c) former members of any of Her Majesty's forces who are ordinarily resident in the United Kingdom; and
(d) relevant family members.
(2) In section 343A “ relevant government department ”, in relation to an effect to be covered by an armed forces covenant report, means a department of the Government of the United Kingdom (apart from the Ministry of Defence) which the Secretary of State considers has functions relevant to that effect.
(3) In section 343A “ relevant devolved administration ”, in relation to an effect to be covered by an armed forces covenant report, means whichever of the following the Secretary of State considers to have functions relevant to that effect—
(a) the Scottish Executive;
(b) the Northern Ireland departments;
(c) the Welsh Assembly Government.
(4) In this Part— “ British overseas territory force ” means any of Her Majesty's forces that is raised under the law of a British overseas territory; “membership or former membership” of a force, in relation to a person, includes any service in that force that that person is undertaking, undertook or may be expected to be called on to undertake; “ relevant family members ” means such descriptions of persons connected with service members, or with persons who were service members, as the Secretary of State considers should be covered by a report or part of a report; “ service member ” means a person who falls within any of paragraphs (a) to (c) of subsection (1).
(5) Any reference in this Part to membership or former membership of the armed forces is to be read, in relation to a person who is—
(a) a service member, or
(b) a relevant family member by reason of connection with a person who is or was a service member,
as a reference to the service member's membership or former membership of a force mentioned in subsection (1).”
Annotations:

Commencement Information

I1 S. 2 in force at 2.4.2012 by S.I. 2012/669, art. 4(a)


Service Police and Ministry of Defence Police


3 Provost Marshal's duty in relation to independence of investigations

After section 115 of AFA 2006 insert—

“Provost Marshal's duty in relation to independence of investigations (E+W+S+N.I.)
115A Provost Marshal's duty in relation to independence of investigations
(1) This section applies in relation to each service police force.
(2) The Provost Marshal of the force has a duty, owed to the Defence Council, to seek to ensure that all investigations carried out by the force are free from improper interference.
(3) “ Improper interference ” includes, in particular, any attempt by a person who is not a service policeman to direct an investigation which is being carried out by the force.”
Annotations:

Commencement Information

I2 S. 3 in force at 2.4.2012 by S.I. 2012/669, art. 4(a)


4 Inspection of service police investigations

After section 321 of AFA 2006 insert—

“CHAPTER 4A (E+W+S+N.I.) Inspection of service police investigations
321A Inspection of service police investigations
(1) Her Majesty's Inspectors of Constabulary (“the inspectors”) are to inspect, and report to the Secretary of State on, the independence and effectiveness of investigations carried out by each service police force.
(2) In this section “ investigations ” means investigations of matters where service offences have or may have been committed, and includes investigations outside the United Kingdom.
(3) For the purposes of subsection (1) the inspectors may—
(a) undertake such number of inspections as they think appropriate;
(b) undertake inspections when they think it appropriate; and
(c) decide which aspects of, or matters related to, investigations by a service police force are to be the subject of a particular inspection;
but this is subject to subsection (4).
(4) The Secretary of State may at any time require the inspectors to inspect, and report to the Secretary of State on, any or all of the following—
(a) the independence of investigations carried out by a particular service police force;
(b) the effectiveness of such investigations;
(c) a particular aspect of, or matter related to, such investigations.
321B Inspectors' reports to be laid before Parliament
(1) The Secretary of State must lay before Parliament each report made under section 321A.
(2) The Secretary of State may exclude from a report laid before Parliament under this section any material whose publication, in the Secretary of State's opinion—
(a) would be against the interests of national security; or
(b) might jeopardise the safety of any person.”
Annotations:

Commencement Information

I3 S. 4 in force at 4.6.2014 by S.I. 2014/1444, art. 3


5 Provost Marshals: appointment

After section 365 of AFA 2006 insert—

“Provost Marshals (E+W+S+N.I.)
365A Provost Marshals: appointment
(1) No appointment of a person to be Provost Marshal of a service police force may be made except by Her Majesty.
(2) To be eligible for appointment as a Provost Marshal, a person must be a provost officer.”
Annotations:

Commencement Information

I4 S. 5 in force at 2.4.2012 by S.I. 2012/669, art. 4(a)


6 Ministry of Defence Police: performance regulations

In section 3A of the Ministry of Defence Police Act 1987 (regulations relating to disciplinary matters) , in each of subsections (1) (a) and (1A) after “conduct” insert “ , efficiency and effectiveness ”.

Annotations:

Commencement Information

I5 S. 6 in force at 8.3.2012 by S.I. 2012/669, art. 3(a)


Powers of entry, search and seizure


7 Power of judge advocate to authorise entry and search

For section 83 of AFA 2006 (power of judge advocate to authorise entry and search) substitute—

“83 Power of judge advocate to authorise entry and search
(1) On an application made by a service policeman, a judge advocate may, if the relevant requirements are met, issue a warrant authorising a service policeman to enter and search—
(a) one or more sets of premises specified in the application; or
(b) any relevant residential premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified.
(2) The relevant requirements are met (subject to subsection (3) ) if the judge advocate is satisfied that each set of premises specified in the application is relevant residential premises and that there are reasonable grounds for believing—
(a) that a relevant offence has been committed;
(b) that material which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence is—
(i) in the case of a warrant authorising entry and search of specified premises, on those premises;
(ii) in the case of a warrant authorising entry and search of any relevant residential premises occupied or controlled by a specified person, on one or more sets of such premises occupied or controlled by that person;
(c) that the material would be likely to be admissible in evidence at a trial for the offence;
(d) that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and
(e) that at least one of the conditions specified in subsection (4) applies in relation to each set of premises specified in the application.
(3) If the application is for a warrant authorising entry and search of any relevant residential premises occupied or controlled by a specified person, the judge advocate must also be satisfied—
(a) that, because of the particulars of the offence mentioned in subsection (2) (a) , there are reasonable grounds for believing that in order to find the material mentioned in subsection (2) (b) it is necessary to search relevant residential premises that are occupied or controlled by the person in question and are not specified in the application; and
(b) that it is not reasonably practicable to specify in the application all the relevant residential premises that the person occupies or controls and that might need to be searched.
(4) The conditions mentioned in subsection (2) (e) are—
(a) that it is not practicable to communicate with any person entitled to grant entry to the premises;
(b) that it is practicable to communicate with a person entitled to grant entry to the premises, but it is not practicable to communicate with any person entitled to grant access to the evidence;
(c) that entry to the premises will not be granted unless a warrant is produced;
(d) in the case of service living accommodation within section 96(1) (b) or (c) —
(i) that it is not practicable to communicate with the person or (as the case may be) any of the persons for whom the accommodation is provided; or
(ii) that there is no such person with whom it is practicable to communicate who will agree to grant access to the accommodation without the production of a warrant;
(e) that the purpose of a search may be frustrated or seriously prejudiced unless a service policeman arriving at the premises can secure immediate entry to them.
(5) A warrant under this section may authorise entry to and search of premises on more than one occasion if, on the application for the warrant, the judge advocate is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the warrant is issued.
(6) If the warrant authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.
(7) A service policeman may seize and retain anything for which a search has been authorised under subsection (1).”
Annotations:

Commencement Information

I6 S. 7 in force at 14.12.2012 by S.I. 2012/2921, art. 3(a)


8 Power to make provision about access to excluded material etc

(1) Section 86 of AFA 2006 (power to make provision about access to excluded material etc) is amended as follows.

(2) For subsections (1) and (2) substitute—

“(1) The Secretary of State may by order make provision that enables a service policeman, for the purposes of an investigation of a relevant offence and by making an application to a judge advocate in accordance with the order—
(a) to obtain access to excluded material or special procedure material on relevant residential premises; or
(b) to obtain access to material (other than items subject to legal privilege) on premises other than relevant residential premises.
(2) An order under this section (an “enabling order”) may in particular—
(a) so far as it relates to obtaining access to material on relevant residential premises, make provision equivalent to any provision of Schedule 1 to PACE (special procedure for obtaining production orders and warrants) ;
(b) so far as it relates to obtaining access to material on premises other than relevant residential premises, make provision equivalent to any provision of paragraphs 1 to 11 of that Schedule (special procedure for obtaining production orders) ;
(c) make provision equivalent to section 311(2) and (3) of this Act (certification to civil court of offences akin to contempt) in relation to a failure by a person within section 309(6) to comply with an order made by a judge advocate under the enabling order;
(d) authorise the use, in connection with any application made by virtue of the enabling order, of live television or telephone links or similar arrangements.
(2A) Any power under subsection (2) to make provision which is equivalent to another provision includes power to make provision which is equivalent subject to such modifications as the Secretary of State considers appropriate.”
(3) For subsection (4) substitute—

“(4) In this section the following expressions have the meanings given by section 84— “excluded material”; “items subject to legal privilege”; “relevant offence”; “special procedure material”.”
Annotations:

Commencement Information

I7 S. 8 in force at 8.3.2012 by S.I. 2012/669, art. 3(a)


Alcohol and drugs


9 Unfitness through alcohol or drugs

In section 20 of AFA 2006 (unfitness or misconduct through alcohol or drugs) , after subsection (1) insert—

“(1A) For the purposes of subsection (1) a person is to be taken to be unfit to be entrusted with his duty, or a duty which he might reasonably expect to be called upon to perform, if his ability to carry out the duty in question is impaired.”
Annotations:

Commencement Information

I8 S. 9 in force at 1.11.2013 by S.I. 2013/2501, art. 3(a)