The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

UK Statutory Instrument 2009 No. 1059 — creates 25 criminal offences.

25offences created

0recorded in force

0revoked

Made: 23 April 2009
In force from: 24 April 2009
Extent: Not stated
Subject: Terrorism, official secrets and national security
Made under: Armed Forces Act 2006, No. 1059 Defence The Armed Forces Act 2006, Schedule 6 to the Counter-Terrorism Act 2008

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order makes transitional provision in connection with the coming into force of the Armed Forces Act 2006 (c. 52), and the repeal of the Army Act 1955 (c. 18), the Air Force Act 1955 (c.19), the Naval Discipline Act 1957 (c. 53) and related legislation. Schedule 2 makes transitory provision for the operation of the 2006 Act, and certain related legislation, until certain provisions not yet commenced come into force.

Offences created by this instrument

Conduct at a time unknown article 11(4) · Status not determined · Strict liability
Conduct at a time unknown article 11(7) · Status not determined · Strict liability
The following SDA offences may be dealt with at a summary hearing (and accordingly fall within section 52(2) of AFA… article 15 · Status not determined · Strict liability
a an SDA civil offence as respects which the corresponding civil offence is an offence within section 53(3)(a) or (b)… article 15(a) · Status not determined · Strict liability
g an offence under section 68 of AA 1955 or AFA 1955 of attempting to commit an offence within any of paragraphs (b)… article 15(g) · Status not determined · Strict liability
p an offence under section 40 of that Act of attempting to commit an offence within any of paragraphs (i) to (o) above article 15(p) · Status not determined · Strict liability
For the purposes of section 54(1) of AFA 2006 (charges which may be heard summarily only with permission or by senior… article 16 · Status not determined · Strict liability
Desertion and absence without leave: forfeiture of service etc article 192(1) · Status not determined · Strict liability
Interpretation article 2(1) · Status not determined · Strict liability
Application of AFA 2006 ss. 63 and 64 article 27(1) · Status not determined · Strict liability
Application of AFA 2006 ss. 63 and 64 article 27(1)(b) · Status not determined · Strict liability
Application of AFA 2006 ss. 63 and 64 article 27(1)(b)(i) · Status not determined · Strict liability
Application of AFA 2006 ss. 63 and 64 article 27(1)(b)(ii) · Status not determined · Strict liability
Paragraph (1) does not apply in relation to section 113(4) of that Act (definition of “Schedule 2 offence”); but in… article 42(2) · Status not determined · Requires proof of a state of mind
i an offence under section 68 of AA 1955 or AFA 1955 or section 40 of NDA 1957 of attempting to commit an offence… article 42(2)(i) · Status not determined · Strict liability
j an SDA civil offence as respects which the corresponding civil offence is an offence mentioned in paragraph (3) below article 42(2)(j) · Status not determined · Strict liability
The offences referred to in paragraph (2)(j) are— a an offence within any sub-paragraph of paragraph 12 of Schedule 2… article 42(3) · Status not determined · Strict liability
f an offence under section 1 of the Criminal Attempts Act 1981, or at common law, of attempting to commit an offence… article 42(3)(f) · Status not determined · Strict liability
g an offence under section 1 of the Criminal Law Act 1977, or at common law, of conspiracy to commit an offence within… article 42(3)(g) · Status not determined · Strict liability
h an offence at common law of incitement to commit an offence within any of sub-paragraphs (a) to (e) above article 42(3)(h) · Status not determined · Strict liability
i an offence under Part 2 of the Serious Crime Act 2007 where the offence (or one of the offences) which the offender… article 42(3)(i) · Status not determined · Strict liability
Age at which imprisonment available paragraph 5 of SCHEDULE 2 · Status not determined · Strict liability
Age at which imprisonment available paragraph 5(c) of SCHEDULE 2 · Status not determined · Strict liability
Power to impose detention in a young offender institution paragraph 9(1) of SCHEDULE 2 · Status not determined · Strict liability
Power to impose detention in a young offender institution paragraph 9(1)(a) of SCHEDULE 2 · Status not determined · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2009