The Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009

UK Statutory Instrument 2009 No. 2055 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 20 July 2009
In force from: 21 July 2009
Extent: Not stated
Subject: Courts, police, prisons and the administration of justice
Made under: Armed Forces Act 2006, In accordance with section 373(3)(c) of the Armed Forces Act 2006, No. 2055 Defence TheArmedForces(Part 5 of the Armed Forces Act 2006

Explanatory note

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

These Regulations relate to the provisions of Part 5 of the Armed Forces Act 2006 (“the Act”), and in particular to the investigation of suspected service offences, to the referral of cases and charges to the Director of Service Prosecutions (“DSP”) and commanding officers, to the procedure for bringing charges and to related powers to amend, substitute or add charges. Regulation 3 prescribes circumstances, additional to those specified in the Act, which a commanding officer must ensure that a service police force is aware of. Regulation 5 prescribes circumstances, additional to those specified in the Act, in which cases must be referred by the service police to the DSP instead of to the commanding officer of the person who is suspected of having committed a service offence. Regulation 1 brings the Regulations into force immediately primarily for the purpose of enabling a service policeman to report to a commanding officer, before 31st October 2009, that he is not aware, of any circumstances of a description prescribed by regulation 5. Where such a report has been made and certain other conditions are satisfied, the service policeman will be deemed under an order made under section 380 of the Act to have referred the case to the commanding officer under section 116(3) of the Act. Regulations 7, 8, 9 and 10 impose requirements for the provision of documents in connection with the referral of cases. Regulation 8 also deals with the provision by a commanding officer to the DSP of information about a case which has been referred to the DSP. Regulation 11 provides for the process of bringing a charge and, by reference to the Schedule, provides for the proper preparation of the charge sheet. Regulation 12 provides for who must be given the charge sheet where a commanding officer brings a charge in accordance with a direction under section 121(2) of the Act from the DSP. Regulation 13 provides for the application of regulation 11, and accordingly of the provisions of the Schedule, to the amending, substituting or adding of charges by a commanding officer. Regulation 14 provides in relation to the amendment, substitution or adding of charges by the DSP before the accused is arraigned. Regulation 15 provides for written notification to be given of the discontinuation of proceedings, the reference of a charge by the DSP to a commanding officer, the allocation or re-allocation of a charge to a service court and directions by the DSP barring proceedings. Regulation 16 provides for the delegation by commanding officers to subordinate commanders of their functions under Part 5 of the Act and under these Regulations. Regulation 1 brings the Regulations into force immediately for the purpose of enabling commanding officers to make such delegations before 31st October 2009. Regulation 17 makes transitional provision.

Offences created by this instrument

Transitional regulation 17(3) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Armed Forces, Army, Air Force and Naval Discipline Acts (Continuation) Order 2009 Lords · Lords Chamber · 18 June 2009 · The Minister for International Defence and Security (Baroness Taylor of Bolton)
My Lords, as the House will know, the statutory instruments are all affirmative and follow the Armed Forces Act 2006. The current service discipline Acts date back to the 1950s, and over the years they have been renewed and amended at regular intervals. Work to consider a possible single system of service law began in 2001 and culminated in the Bill that was introduced at the end of 2005. This was the largest and arguably the most significant piece of legislation that the Ministry of Defence has ever put before Parliament. The resulting Armed Forces Act 2006 harmonises and modernises the…
Armed Forces, Army, Air Force and Naval Discipline Acts (Continuation) Order 2009 Lords · Lords Chamber · 18 June 2009 · Lord Lee of Trafford
My Lords, from the Liberal Democrat Benches, I support these eight orders. They represent a thorough updating of Armed Forces law, particularly in relation to enlistment, court-martial and other disciplinary and prosecution matters. The Armed Forces (Enlistment) Regulations 2009 will have a somewhat historic impact on the Royal Navy, in that it will mean recruits will no longer enter service but will be enlisted and, for the first time, will be required to swear an oath of allegiance. We understand that the reason for the Royal Navy’s historic exemption is that it is the oldest of the three…
Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009 Lords · Lords Chamber · 18 June 2009
Business without Debate Commons · Commons Chamber · 24 June 2009 · Mr. Speaker
With the leave of the House, we shall take motions 4 to 11 together. Motion made, and Question put forthwith (Standing Order No. 118(6)), Tribunals and Inquiries That the draft Transfer of Functions of the Consumer Credit Appeals Tribunal Order 2009, which was laid before this House on 1 June, be approved. That the draft Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009, which was laid before this House on 1 June, be approved. That the draft Transfer of Functions (Estate Agents Appeals and Additional Scheduled Tribunal) Order 2009, which was laid before this House on 1…
Armed Forces (Tri-Service Serious Crime Unit) (Consequential Amendments) (No. 2) Regulations 2022 Lords · Lords Chamber · 8 November 2022 · The Minister of State, Ministry of Defence (Baroness Goldie) (Con)
My Lords, this statutory instrument makes a minor consequential amendment to Regulation 8(1) of the Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009. This change is required to support the establishment of the Defence Serious Crime Unit, or DSCU for short. It does this by ensuring that the new provost marshal and service police personnel of this tri-service unit are governed by the same legislation as the existing three single-service provost marshals and single-service police forces. This instrument amends Regulation 8(1) to include any reports prepared by, or provided…

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