(1) The Secretary of State may make regulations for causing inquiries, to be known as service inquiries, to be held (whether or not in the United Kingdom) in prescribed circumstances in relation to matters connected with any of Her Majesty's forces.
(2) The regulations may in particular make provision with respect to—
(a) the persons, to be known as a service inquiry panel, who are to conduct a service inquiry;
(b) the functions of a service inquiry panel;
(c) the matters that may, or must, be referred to a service inquiry panel;
(d) the persons who may convene, and refer matters to, a service inquiry panel;
(e) the procedure of service inquiry panels;
(f) evidence, including the admissibility of evidence;
(g) the representation of witnesses and other persons.
(3) Without prejudice to the generality of subsections (1) and (2), the regulations may make provision—
(a) conferring on a person designated for the purpose by the Secretary of State power to determine, in prescribed circumstances, that a matter of a kind that must be referred to a service inquiry panel need not be so referred (and as to the recording of such a determination);
(b) as to oaths and affirmations for witnesses and other persons;
(c) conferring on prescribed persons a right, subject to such exceptions as may be prescribed, to be present at proceedings of a service inquiry panel;
(d) for procuring the attendance of witnesses and other persons and the production of documents and other things (including the giving of notices by judge advocates);
(e) about the payment of expenses to persons attending proceedings of service inquiry panels;
(f) for the making and retention of records of the proceedings of service inquiry panels;
(g) for the supply of copies of such records, including provision about the fees payable for the supply of such copies;
(h) for evidence given before service inquiry panels not to be admissible at a summary hearing or in proceedings before a court of a prescribed description, except in the case of proceedings for an offence of a prescribed description.
(4) The regulations may also make provision which is equivalent to that made by any provision of section 35 of the Inquiries Act 2005 (c. 12) (offences in connection with inquiries), subject to such modifications as the Secretary of State considers appropriate.
(5) Where the regulations create an offence they may provide—
(a) that the offence is a service offence and is punishable by any punishment mentioned in rows 7 to 14 of the Table in section 164; or
(b) that the offence is an offence triable summarily by a civilian court in the United Kingdom, the Isle of Man or a British overseas territory other than Gibraltar and is punishable by a fine not exceeding level 3 on the standard scale.
(6) In this section “prescribed” means prescribed by regulations under this section.
(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.
(1) In exercising in relation to England a relevant function, a person or body specified in subsection (3) must have due regard 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.
(2) In this section “relevant function”, in relation to a person or body specified in subsection (3), means—
(a) a relevant housing function,
(b) a relevant education function, or
(c) a relevant healthcare function.
(3) The specified persons and bodies are—
(a) a local authority in England;
(b) the governing body of a maintained school in England;
(c) the proprietor of an Academy in England;
(d) a non-maintained special school;
(e) the governing body of an institution within the further education sector in England;
(f) a special post-16 institution;
(g) NHS England;
(h) an integrated care board;
(i) a National Health Service trust in England;
(j) an NHS foundation trust.
(4) In this section “relevant housing function” means a function under or by virtue of any of the following—
(a) Part 6 of the Housing Act 1996 (allocation of housing accommodation);
(b) Part 7 of the Housing Act 1996 (homelessness: England);
(c) Part 1 of the Housing Grants, Construction and Regeneration Act 1996 (grants, etc for renewal of private sector housing);
(d) section 1 of the Homelessness Act 2002 (duty of local housing authority in England to formulate a homelessness strategy);
(e) section 150 of the Localism Act 2011 (tenancy strategies);
(f) regulation 3 of the Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860) (power of local housing authorities to provide assistance), so far as that regulation deals with the provision of financial assistance for a purpose corresponding to any purpose specified in section 23 of the Housing Grants, Construction and Regeneration Act 1996 (disabled facilities grants: purposes).
(5) In this section “relevant education function” means a function under or by virtue of any of the following—
(a) the Education Act 1996;
(b) Part 3 of the School Standards and Framework Act 1998 (school admissions);
(c) section 175 of the Education Act 2002 (duties of local authorities and governing bodies in relation to welfare of children);
(d) any provision of Part 3 of the Children and Families Act 2014, so far as it deals with special educational provision.
(6) In this section “relevant healthcare function” means a function under or by virtue of—
(a) the National Health Service Act 2006, or
(b) any provision of Part 3 of the Children and Families Act 2014 (children and young people in England with special educational needs or disabilities), so far as it deals with health care provision.
(7) In this section “health care provision” and “special educational provision” are to be interpreted as if this section were in Part 3 of the Children and Families Act 2014 (see section 21 of that Act).
(8) In this section—
“Academy” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act);
...
“governing body”, in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992;
“institution within the further education sector” is to be interpreted in accordance with section 91(3) of the Further and Higher Education Act 1992;
“integrated care board” means a body established under section 14Z25 of the National Health Service Act 2006;
“local authority in England” means a county council in England, a district council, a London borough council, the Common Council of the City of London, or the Council of the Isles of Scilly;
“non-maintained special school” means a school which is approved under section 342 of the Education Act 1996;
“maintained school” has the same meaning as in the School Standards and Framework Act 1998 (see section 20 of that Act);
“proprietor”, in relation to an Academy, has the meaning given by section 579(1) of the Education Act 1996;
“special post-16 institution” has the same meaning as in the Children and Families Act 2014 (see section 83 of that Act).
(1) In exercising in relation to Wales a relevant function, a person or body specified in subsection (3) must have due regard 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.
(2) In this section “relevant function”, in relation to a person or body specified in subsection (3), means—
(a) a relevant housing function,
(b) a relevant education function, or
(c) a relevant healthcare function.
(3) The specified persons and bodies are—
(a) a local authority in Wales;
(b) the governing body of a maintained school in Wales;
(c) a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;
(d) a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006, other than a cross-border Special Health Authority;
(e) a National Health Service trust in Wales.
(4) In this section “relevant housing function” means a function under or by virtue of any of the following—
(a) Part 6 of the Housing Act 1996 (allocation of housing accommodation);
(b) Part 1 of the Housing Grants, Construction and Regeneration Act 1996 (grants, etc for renewal of private sector housing);
(c) Part 2 of the Housing (Wales) Act 2014 (anaw 7);
(d) regulation 3 of the Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860) (power of local housing authorities to provide assistance), so far as that regulation deals with the provision of financial assistance for a purpose corresponding to any purpose specified in section 23 of the Housing Grants, Construction and Regeneration Act 1996 (disabled facilities grants: purposes).
(5) In this section “relevant education function” means a function under or by virtue of any of the following—
(a) the Education Act 1996;
(b) Part 3 of the School Standards and Framework Act 1998 (school admissions);
(c) section 175 of the Education Act 2002 (duties of local authorities and governing bodies in relation to welfare of children);
(d) sections 2 to 7 and 9 of the Learner Travel (Wales) Measure 2008 (nawm 2);
(e) Chapters 2 (individual development plans) and 3 (supplementary functions) of Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2).
(6) In this section “relevant healthcare function” means a function under or by virtue of the National Health Service (Wales) Act 2006.
(7) In this section—
“cross-border Special Health Authority”means a Special Health Authority which is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of—
paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, or
the power under section 28 of the National Health Service Act 2006 and the power under section 22 of the National Health Service (Wales) Act 2006 being exercised together;
“local authority in Wales” means the council of a county or county borough in Wales;
“maintained school” has the same meaning as in the School Standards and Framework Act 1998 (see section 20 of that Act).
(1) In exercising in relation to Scotland a relevant function, a person or body specified in subsection (3) must have due regard 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.
(2) In this section “relevant function”, in relation to a person or body specified in subsection (3), means—
(a) a relevant housing function,
(b) a relevant education function, or
(c) a relevant healthcare function.
(3) The specified persons and bodies are—
(a) a local authority in Scotland;
(b) a local authority landlord;
(c) an integration authority (within the meaning of section 59 of the Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9));
(d) a person or body in their capacity as an appropriate agency for the purposes of section 23 of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4);
(e) a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978;
(f) a Special Health Board constituted under section 2 of that Act;
(g) the Common Services Agency for the Scottish Health Service.
(4) In this section “relevant housing function” means a function under or by virtue of any of the following—
(a) sections 19 to 21 of the Housing (Scotland) Act 1987 (housing lists etc);
(b) Part 2 of that Act (homeless persons);
(c) sections 1 and 2 (homelessness: strategies and advice) of the Housing (Scotland) Act 2001 (asp 10);
(d) section 71(2)(e) of the Housing (Scotland) Act 2006 (asp 1) (adaptation of a house for a disabled person).
(5) In this section “relevant education function” means a function under or by virtue of any of the following—
(a) in Part 2 of the Education (Scotland) Act 1980 (rights and duties of parents and functions of education authorities in relation to individual pupils), sections 28A, 28B, 42 and 51;
(b) sections 1 and 2 of the Standards in Scotland’s Schools etc. Act 2000 (asp 6) (provision of school education: right of child and duty of education authority);
(c) the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), except sections 15 to 21 of, and Schedule 1 to, that Act;
(d) Part 3 (children’s services planning) of the Children and Young People (Scotland) Act 2014 (asp 8).
(6) In this section “relevant healthcare function” means a function under or by virtue of the National Health Service (Scotland) Act 1978.
(7) In this section—
“local authority in Scotland” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
“local authority landlord” has the same meaning as in the Housing (Scotland) Act 2001 (asp 10) (see section 11(3) of that Act).
(1) In exercising in relation to Northern Ireland a relevant function, a person or body specified in subsection (3) must have due regard 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.
(2) In this section “relevant function”, in relation to a person or body specified in subsection (3), means—
(a) a relevant housing function,
(b) a relevant education function, or
(c) a relevant healthcare function.
(3) The specified persons and bodies are—
(a) the Northern Ireland Housing Executive;
(b) the Education Authority established under section 1(1) of the Education Act (Northern Ireland) 2014 (c. 12 (N.I.));
(c) the Board of Governors of a grant-aided school in Northern Ireland;
(d) the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.I.));
(e) a Local Commissioning Group appointed under section 9 of the Health and Social Care (Reform) Act (Northern Ireland) 2009);
(f) a Health and Social Care trust established by virtue of Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)), other than the Northern Ireland Ambulance Service Health and Social Care Trust.
(4) In this section “relevant housing function” means a function under or by virtue of any of the following—
(a) Articles 22 (house allocation scheme) and 22A (allocation only to eligible persons) of the Housing (Northern Ireland) Order 1981 (S.I. 1981/156 (N.I. 3));
(b) Part 2 (housing the homeless) of the Housing (Northern Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23)), except Article 15;
(c) Chapter 2 of Part 3 of the Housing (Northern Ireland) Order 2003 (S.I. 2003/412 (N.I. 2)), so far as that Chapter relates to disabled facilities grants.
(5) In this section “relevant education function” means a function under or by virtue of any of the following—
(a) Article 52 (school transport) of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3);
(b) in Part 2 (special educational needs) of the Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1)), Articles 6 to 16 and 19 to 20A;
(c) Article 16(4) and (5) (admission criteria) of the Education (Northern Ireland) Order 1997 (S.I. 1997/866 (N.I. 5));
(d) Articles 17 (duty on boards of governors to safeguard and promote the welfare of pupils) and 22 (admission to special schools of children resident outside Northern Ireland) of the Education and Libraries (Northern Ireland) Order 2003 (S.I. 2003/424 (N.I. 12)).
(6) In this section “relevant healthcare function” means a function under or by virtue of any of the following, so far as the function relates to health care—
(a) the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14));
(b) the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1));
(c) the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.I.)).
(7) In this section—
“disabled facilities grant” has the meaning given by Article 35(4) of the Housing (Northern Ireland) Order 2003;
“grant-aided school” means a grant-aided school within the meaning of the Education and Libraries (Northern Ireland) Order 1986;
“health care” means all forms of health care provided for individuals, whether relating to physical or mental health.
(1) The Secretary of State may issue guidance relating to the duties imposed by sections 343AA(1), 343AB(1), 343AC(1) and 343AD(1).
(2) A person or body specified in subsection (3) of section 343AA, 343AB, 343AC or 343AD must have regard to any guidance for the time being in force under subsection (1) when exercising a relevant function.
(3) The Secretary of State may from time to time revise any guidance issued under this section.
(4) Guidance under this section—
(a) may not be issued unless a draft has been laid before Parliament, and
(b) comes into force on whatever day the Secretary of State may appoint by regulations.
(5) Before laying draft guidance under this section before Parliament the Secretary of State must consult—
(a) the Welsh Ministers so far as the guidance relates to devolved Welsh functions,
(b) the Scottish Ministers so far as the guidance relates to devolved Scottish functions,
(c) the relevant Northern Ireland department so far as the guidance relates to devolved Northern Ireland functions, and
(d) any other persons the Secretary of State considers appropriate.
(6) Subsection (4) has effect in relation to any revised guidance.
(7) Subsection (5) has effect in relation to any revised guidance unless the Secretary of State considers that the proposed revisions to the guidance are insubstantial.
(8) The Secretary of State must publish the version currently in force of any guidance issued under this section.
(9) For the purposes of this section a function is a “devolved Welsh function” if—
(a) it deals with a matter in respect of which functions are exercisable by the Welsh Ministers or the First Minister for Wales, or
(b) a provision conferring the function would be within the legislative competence of Senedd Cymru if contained in an Act of Senedd Cymru (assuming that any consent by a Minister of the Crown were given).
(10) For the purposes of this section a function is a “devolved Scottish function” if—
(a) it deals with a matter in respect of which functions are exercisable by the Scottish Ministers or the First Minister, or
(b) a provision conferring the function would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament.
(11) For the purposes of this section a function is a “devolved Northern Ireland function” if—
(a) it deals with a matter in respect of which functions are exercisable by a Northern Ireland department, or
(b) a provision conferring the function—
(i) would be within the legislative competence of the Northern Ireland Assembly, and would not require the consent of the Secretary of State, if contained in an Act of that Assembly, or
(ii) is contained in, or was made under, Northern Ireland legislation, and would be within the legislative competence of the Northern Ireland Assembly, and would require the consent of the Secretary of State, if contained in an Act of that Assembly.
343AF Sections 343AA to 343AD: power to add bodies and functions
(1) The Secretary of State may by regulations—
(a) amend section 343AA by—
(i) specifying additional functions that are to be relevant functions in relation to persons and bodies specified in subsection (3) of that section, or
(ii) specifying additional persons or bodies in that subsection;
(b) amend section 343AB by—
(i) specifying additional functions that are to be relevant functions in relation to persons and bodies specified in subsection (3) of that section, or
(ii) specifying additional persons or bodies in that subsection;
(c) amend section 343AC by—
(i) specifying additional functions that are to be relevant functions in relation to persons and bodies specified in subsection (3) of that section, or
(ii) specifying additional persons or bodies in that subsection;
(d) amend section 343AD by—
(i) specifying additional functions that are to be relevant functions in relation to persons and bodies specified in subsection (3) of that section, or
(ii) specifying additional persons or bodies in that subsection.
(2) In subsection (1) a reference to a provision of this Act includes a reference to that provision as amended by virtue of subsection (1).
(3) A function specified by virtue of subsection (1)(a)(i), (b)(i), (c)(i) or (d)(i) must be a function under or by virtue of—
(a) primary legislation, or
(b) assimilated direct legislation.
(4) A person or body specified by virtue of subsection (1)(a)(ii), (b)(ii), (c)(ii) or (d)(ii) must be a person or body by whom functions are exercisable under or by virtue of—
(a) primary legislation, or
(b) assimilated direct legislation.
(5) Nothing in sections 343AA to 343AD limits the fields to which functions added by virtue of subsection (1) may relate.
(6) The powers conferred by subsection (1) include power to make consequential amendments of any of sections 343AA to 343AE.
(7) Before making regulations under subsection (1) the Secretary of State must consult—
(a) the Welsh Ministers so far as the regulations contain provision that is within Welsh devolved competence,
(b) the Scottish Ministers so far as the regulations contain provision that is within Scottish devolved competence,
(c) the relevant Northern Ireland department so far as the regulations contain provision that is within Northern Ireland devolved competence, and
(d) any other persons the Secretary of State considers appropriate.
(8) For the purposes of this section a provision is within Welsh devolved competence if it—
(a) would be within the legislative competence of Senedd Cymru if contained in an Act of Senedd Cymru (assuming that any consent by a Minister of the Crown were given), or
(b) is provision which could be made in subordinate legislation by the Welsh Ministers acting alone.
(9) For the purposes of this section a provision is within Scottish devolved competence if it—
(a) would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament, or
(b) is provision which could be made in subordinate legislation by the Scottish Ministers or the First Minister.
(10) For the purposes of this section a provision is within Northern Ireland devolved competence if it—
(a) would be within the legislative competence of the Northern Ireland Assembly, and would not require the consent of the Secretary of State, if contained in an Act of that Assembly, or
(b) is provision which could be made in subordinate legislation by a Northern Ireland department.
(11) In this section “primary legislation” means—
(a) an Act of Parliament;
(b) an Act of the Scottish Parliament;
(c) a Measure or Act of Senedd Cymru;
(d) Northern Ireland legislation.
(1) In section 343A this Part “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 persons as may be prescribed, and for the purposes of section 343A also includes 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;
“relevant function”, in relation to a person or body specified in subsection (3) of section 343AA, 343AB, 343AC or 343AD, has the meaning given by subsection (2) of the same section;
“relevant Northern Ireland department” means any Northern Ireland department the Secretary of State thinks appropriate;
“service member” means a person who falls within any of paragraphs (a) to (c) of subsection (1).
(4A) In subsection (4) “prescribed” means prescribed by regulations made by the Secretary of State under this subsection.
(4B) Before making regulations under subsection (4A) the Secretary of State must consult—
(a) the Welsh Ministers so far as the regulations contain provision that is within Welsh devolved competence,
(b) the Scottish Ministers so far as the regulations contain provision that is within Scottish devolved competence,
(c) the relevant Northern Ireland department so far as the regulations contain provision that is within Northern Ireland devolved competence, and
(d) any other persons the Secretary of State considers appropriate.
(4C) Subsections (8) to (10) of section 343AF apply for the purposes of subsection (4B) as they apply for the purposes of that section.
(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).
344 Aiding or abetting etc desertion or absence without leave
(1) A person commits an offence if he aids, abets, counsels or procures the commission by another person of an offence under section 8 (desertion) or 9 (absence without leave).
(2) A person commits an offence if—
(a) he knows that another person (“B”) is subject to service law;
(b) he does an act intending to cause B to be absent without leave; and
(c) it causes B to be absent without leave.
(3) A person (“A”) commits an offence if—
(a) another person (“B”) has committed an offence under section 8 or 9;
(b) A knows or believes B to be guilty of that offence; and
(c) A does an act intending to impede B's apprehension or prosecution.
(4) Subsections (1) to (3) apply to any aiding, abetting, counselling or procuring, or (as the case may be) any act, done—
(a) in a relevant territory;
(b) otherwise than in a relevant territory, by a United Kingdom national (see section 347) or a person resident in a relevant territory.
(5) In subsection (4) “relevant territory” means—
(a) the United Kingdom;
(b) the Isle of Man; or
(c) a British overseas territory.
(6) In subsection (2) (and subsection (4) so far as relating to that subsection) “act” includes an omission, and the references to the doing of an act are to be read accordingly.
(7) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the relevant maximum or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
(8) In subsection (7) “the relevant maximum” is—
(a) in relation to England and Wales, 12 months;
(b) otherwise, 6 months.
(1) A person commits an offence if he aids, abets, counsels or procures the commission by another person of an offence under section 16 (malingering).
(2) A person commits an offence if—
(a) he knows that a person (“B”) is subject to service law; and
(b) intending to cause B to avoid service, by any act—
(i) he causes B an injury; or
(ii) he aggravates or prolongs any injury of B's.
(3) A person commits an offence if—
(a) he knows that a person (“B”) is subject to service law; and
(b) intending to cause B to avoid service, by any act—
(i) he causes B to believe that B has an injury; or
(ii) he causes another person to believe that B has an injury.
(4) Subsections (1) to (3) apply to any aiding, abetting, counselling or procuring, or (as the case may be) any act, done—
(a) in a relevant territory;
(b) otherwise than in a relevant territory, by a United Kingdom national (see section 347) or a person resident in a relevant territory.
(5) In subsection (4) “relevant territory” means—
(a) the United Kingdom;
(b) the Isle of Man; or
(c) a British overseas territory.
(6) In this section “injury” and “service” have the same meanings as in section 16.
(7) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the relevant maximum or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
(8) In subsection (7) “the relevant maximum” is—
(a) in relation to England and Wales, 12 months;
(b) otherwise, 6 months.
346 Obstructing persons subject to service law in course of duty
(1) A person commits an offence if—
(a) he intentionally obstructs a person (“B”);
(b) B is a person subject to service law acting in the course of his duty; and
(c) he knows or has reasonable cause to believe that B is subject to service law.
(2) Subsection (1) applies to anything done in—
(a) the United Kingdom;
(b) the Isle of Man; or
(c) a British overseas territory.
(3) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the relevant maximum, or to a fine not exceeding level 3 on the standard scale, or to both.
(4) In subsection (3) “the relevant maximum” is—
(a) in relation to England and Wales, 51 weeks;
(b) otherwise, 6 months.
(1) If an offence under section 344 or 345 is committed in a British overseas territory—
(a) proceedings may be taken, and
(b) the offence may for incidental purposes be treated as having been committed,
in any place in the United Kingdom or the Isle of Man (without prejudice to the right to take proceedings in that British overseas territory).
(2) If an offence under section 344 or 345 is committed otherwise than in the United Kingdom, the Isle of Man or a British overseas territory—
(a) proceedings may be taken, and
(b) the offence may for incidental purposes be treated as having been committed,
in any place in the United Kingdom, the Isle of Man or a British overseas territory.
(3) In sections 344 and 345 a “United Kingdom national” means an individual who is—
(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;
(b) a person who under the British Nationality Act 1981 (c. 61) is a British subject; or
(c) a British protected person within the meaning of that Act.
(4) In sections 344 to 346 any reference to a person knowing or having reasonable cause to believe that another person is subject to service law is a reference to—
(a) his knowing the circumstances by virtue of which that other person is subject to service law; or
(b) (as the case may be) his having reasonable cause to believe that those circumstances exist.
348 British overseas territories: references to maximum penalties
(1) This section applies in relation to any provision of—
(a) section 344, 345 or 346, or
(b) regulations made by virtue of section 343(5)(b),
specifying the maximum term of imprisonment, or the maximum fine, to which a person guilty of an offence under that section, or under those regulations, is liable.
(2) In relation to any such provision as it extends to a British overseas territory, the law of the British overseas territory may—
(a) provide for the maximum term of imprisonment to be longer or shorter than that provided for by the provision;
(b) provide for the maximum fine to be higher or lower than that provided for by the provision;
(c) specify the amount of the local currency that is to be treated as equivalent to the maximum fine provided for by the provision or provided for by virtue of paragraph (b).
(1) No toll or charge within subsection (2) is payable in respect of a vehicle which—
(a) belongs to any of Her Majesty's forces; or
(b) is in use for the purposes of any of those forces.
(2) A toll or charge is within this subsection if it is payable—
(a) for passing over a road or bridge, or through a tunnel, in the United Kingdom or the Isle of Man; or
(b) under a scheme for imposing charges in respect of the keeping or use of vehicles on particular roads in the United Kingdom or the Isle of Man.
350 Exemption of property used for service purposes from execution
A judgment or order given or made by a court in—
(a) any part of the United Kingdom,
(b) the Isle of Man, or
(c) a British overseas territory,
against a member of any of Her Majesty's forces may not be enforced by the levying of execution on, or (in Scotland) the execution of diligence on, any weapon, equipment, instrument or clothing of his which is used by him in the course of his service in that force.
(1) An authorised officer may, at a place outside the British Islands, take an affidavit or declaration from a person subject to service law or a civilian subject to service discipline.
(2) An authorised officer before whom such an affidavit or declaration is taken must state in the jurat or attestation his full name and rank and the date on which and the place at which the affidavit or declaration was taken.
(3) A document containing such a statement and purporting to be signed by an authorised officer shall be admitted in evidence without proof of the signature or of the facts set out in the statement.
(4) For the purposes of this section an officer is “authorised” if he is subject to service law and—
(a) is of or above the rank of lieutenant commander, major or squadron leader; or
(b) is of the rank of naval lieutenant, military or marine captain or flight lieutenant and—
(i) has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41);
(ii) is an advocate or solicitor in Scotland;
(iii) is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland; or
(iv) has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.
(5) In this section “relevant territory” means—
(a) any of the Channel Islands;
(b) the Isle of Man;
(c) a Commonwealth country; or
(d) a British overseas territory.
354 Extension of powers of command dependent on rank or rate
An officer, warrant officer or non-commissioned officer of a regular or reserve force who is subject to service law (“A”) has, over members of any other such force who are of inferior rank or rate to A, such powers of command as are dependent on rank or rate.
(1) The Secretary of State may by regulations make provision with respect to the service of process on a relevant person in connection with proceedings of a description prescribed by the regulations.
(2) Regulations under this section may in particular make provision—
(a) for any process served on a person's commanding officer to be treated as duly served on the person;
(b) with respect to cases in which service of process is to be of no effect.
(3) In this section “relevant person” means—
(a) a person subject to service law by reason of section 367(1) or (2)(a), (b), (c) or (e); or
(b) a civilian subject to service discipline.
356 Avoidance of assignment of or charge on pay and pensions etc
(1) Each of the following shall be void—
(a) every assignment (or, in Scotland, assignation) of any relevant pay or pension;
(b) every charge on any relevant pay or pension;
(c) every agreement to assign or charge any relevant pay or pension.
(2) In this section “relevant pay or pension” means any pay, pension, benefit, bounty, grant or allowance payable to any person in respect of his or any other person's service in Her Majesty's forces.
(3) No order may be made by a court the effect of which would be—
(a) to prevent any person from receiving any relevant pay or pension; and
(b) to direct payment of it to another person.
(4) Nothing in this section—
(a) applies to the making or variation of attachment of earnings orders or of earnings arrestments; or
(b) prejudices any enactment or subordinate legislation providing for the payment of any sum to—
(i) a bankrupt's trustee in bankruptcy, or
(ii) a trustee in the sequestration of a person’s estate under the Bankruptcy (Scotland) Act 2016,
for distribution among creditors.
(5) In this section—
(a) “enactment” includes any provision of an Act of the Scottish Parliament or Northern Ireland legislation;
(b) the reference to subordinate legislation includes an instrument made under such an Act or under Northern Ireland legislation.
357 Power of British overseas territory to apply Act, etc
Where any of Her Majesty's forces is raised under the law of a British overseas territory, any such law—
(a) may make provision in relation to that force and its members so as to have effect when they are outside that territory (as well as when they are within it); and
(b) may apply in relation to the force and its members all or any of the provisions of this Act, with or without modifications
and in particular nothing prevents a law of a British overseas territory to which this section does not extend applying provisions of this Act in reliance on paragraph (b).
359 Pardons for servicemen executed for disciplinary offences: recognition as victims of First World War
(1) This section applies in relation to any person who was executed for a relevant offence committed during the period beginning with 4 August 1914 and ending with 11 November 1918.
(2) Each such person is to be taken to be pardoned under this section in respect of the relevant offence (or relevant offences) for which he was executed.
(3) In this section “relevant offence” means any of the following—
(a) an offence under any of the following provisions of the Army Act 1881 (c. 58)—
(i) section 4(2) (casting away arms etc);
(ii) section 4(7) (cowardice);
(iii) section 6(1)(b) (leaving post etc without orders);
(iv) section 6(1)(k) (sentinel sleeping etc on post or leaving post);
(v) section 7 (mutiny and sedition);
(vi) section 8(1) (striking etc superior officer);
(vii) section 9(1) (disobedience in defiance of authority);
(viii) section 12(1) (desertion or attempt etc to desert);
(b) an offence under any of the following provisions of the Indian Army Act 1911 (Indian Act, No 8 of 1911)—
(i) section 25(b) (casting away arms, cowardice, etc);
(ii) section 25(g) (sentry sleeping on post or quitting post);
(iii) section 25(i) (quitting guard etc);
(iv) section 27 (mutiny, disobedience, etc);
(v) section 29 (desertion or attempt to desert).
(4) This section does not—
(a) affect any conviction or sentence;
(b) give rise to any right, entitlement or liability; or
(c) affect the prerogative of mercy.
(5) Any reference in this section to a provision of the Army Act 1881 (c. 58) includes a reference to that provision as applied by any enactment, wherever enacted.
The officer who is the “commanding officer” of a person for the purposes of any provision made by or under this Act shall be determined by or under regulations made by the Defence Council.
In this Act “higher authority”, in relation to a commanding officer, means any officer in the commanding officer's disciplinary chain of command who is superior in that chain of command to the commanding officer.
In this Act “judge advocate” means—
(a) the Judge Advocate General;
(b) a person appointed under section 30(1)(a) or (b) or (2) of the Courts-Martial (Appeals) Act 1951 (c. 46) (assistants to the Judge Advocate General); or
(c) a puisne judge of the High Court in England and Wales , or a Circuit judge, who (following a request by the Judge Advocate General) is nominated by or on behalf of the Lord Chief Justice of England and Wales to sit as a judge advocate.
(1) There shall be a court administration officer for the Court Martial, the Service Civilian Court and the Summary Appeal Court.
(2) The court administration officer is to be appointed by the Defence Council.
(1) Her Majesty may appoint a person as the Director of Service Prosecutions.
(2) A person may be appointed as the Director of Service Prosecutions only if he—
(a) has a ten year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41);
(b) is an advocate or solicitor in Scotland of at least ten years' standing;
(c) is a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of Northern Ireland, of at least ten years' standing; or
(d) has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, has had those rights and duties for at least ten years, and is subject to punishment or disability for breach of professional rules.
(3) The Director of Service Prosecutions shall hold and vacate office in accordance with the terms of his appointment.
(4) In this section “relevant territory” means—
(a) any of the Channel Islands;
(b) the Isle of Man;
(c) a Commonwealth country; or
(d) a British overseas territory.
(1) The Director of Service Prosecutions (“the Director”) may appoint persons to be prosecuting officers.
(2) A person may be appointed as a prosecuting officer only if he—
(a) has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990;
(b) is an advocate or solicitor in Scotland;
(c) is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland; or
(d) has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.
(3) A prosecuting officer shall hold and vacate office in accordance with the terms of his appointment.
(4) A prosecuting officer may, unless the Director otherwise directs, exercise any function of the Director.
(5) In this section “relevant territory” has the same meaning as in section 364.
(1) There is to be an Armed Forces Commissioner.
(2) The functions of the Commissioner are—
(a) the general function of—
(i) promoting the welfare of persons subject to service law and relevant family members (as defined by section 340IA(4)), and
(ii) improving the public’s understanding of the welfare issues faced by persons subject to service law and relevant family members, and
(b) the other functions conferred by or under this Act or by any other enactment.
(3) The general function referred to in subsection (2)(a) is to be carried out in whatever ways the Commissioner considers best calculated to advance the objectives mentioned in subsection (2)(a)(i) and (ii).
(4) The Commissioner may do anything that the Commissioner considers is calculated to facilitate, or is incidental or conducive to, the carrying out of any of the Commissioner’s functions.
(5) The power in subsection (4) is subject to any restrictions imposed by or under this Act or any other enactment.
(6) Schedule 14ZA makes further provision with respect to the Commissioner.
(1) No appointment of a person to be Provost Marshal of a service police force , or to be Provost Marshal for serious crime, may be made except by Her Majesty.
(2) To be eligible for appointment as a Provost Marshal, a person must be a provost officer.
(1) There is to be a Service Police Complaints Commissioner.
(2) The Commissioner is to have the functions conferred on the Commissioner by or under this Act or any other enactment.
(3) Schedule 14A makes further provision with respect to the Commissioner.
(1) The Service Police Complaints Commissioner may appoint persons to be investigating officers.
(2) An investigating officer holds and vacates office in accordance with the terms of the officer’s appointment.
(3) An investigating officer may, unless the Commissioner otherwise directs, exercise any function of the Commissioner.
367 Persons subject to service law: regular and reserve forces
(1) Every member of the regular forces is subject to service law at all times.
(2) Every member of the reserve forces is subject to service law while—
(a) in permanent service on call-out under any provision of the Reserve Forces Act 1980 (c. 9) or the Reserve Forces Act 1996 (c. 14) or under any other call-out obligation of an officer;
(b) in home defence service on call-out under section 22 of the Reserve Forces Act 1980;
(c) in full-time service under a commitment entered into under section 24 of the Reserve Forces Act 1996;
(d) undertaking any training or duty (whether or not in pursuance of an obligation); or
(e) serving on the permanent staff of a reserve force.
(1) Subsections (2) and (3) apply for the purposes of this Act.
(2) A person recalled to service under—
(a) any provision of the Reserve Forces Act 1980 or the Reserve Forces Act 1996, or
(b) any other recall obligation of an officer,
is to be regarded as being a member of the regular forces from acceptance into service to release or discharge.
(3) Subject to subsection (2), an officer who is not on the active list is not to be regarded as being a member of the regular forces.
(4) For the purposes of subsection (3), an officer is on the active list if (and only if) any of the following provides that an officer of his description is on such a list—
(a) Queen's Regulations;
(b) Royal Warrant;
(c) an order under section 2 of the Air Force (Constitution) Act 1917 (c. 51).
369 Members of British overseas territories' forces serving with UK forces
(1) While a member of a British overseas territory force is undertaking any duty with or training with a regular or reserve force (“the relevant force”)—
(a) subsection (2) applies to him; and
(b) nothing in section 357 (power of British overseas territory to apply this Act, etc) applies in relation to him.
(2) A person to whom this subsection applies—
(a) is subject to service law; and
(b) shall (subject to subsection (3)) be treated as if he were a member of the relevant force of relative rank or rate.
(3) The Secretary of State may by order modify any provision of this Act in its application to a member of a British overseas territory force who is or has been within subsection (1).
(4) In this section—
“British overseas territory force” means any of Her Majesty's forces that is raised under the law of a British overseas territory;
“relative rank or rate”, in relation to a person to whom subsection (2) applies, means such rank or rate of the relevant force as may be prescribed by Queen's Regulations for a person of his description.