OpenLegislation

Armed Forces Act 2001

2001 c. 19 · Enacted 11 May 2001 · Extends to United Kingdom

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 31 October 2009.

See the changes not yet applied
ProvisionChangeMade by
s. 6(2)(a)words substitutedCourts Act 2003 Sch. 4 para. 15
s. 30(6)(a)words substitutedCriminal Justice Act 2003 Sch. 32 para. 140

An Act to continue the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957; to make further provision in relation to the armed forces and the Ministry of Defence Police; and for connected purposes.

[11th May 2001]

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:—C1

Annotations to the whole text

Modifications

C1

Act power to amend conferred (4.6.2007) by Armed Forces Act 2006 (c. 52), ss. 381, 383(2); S.I. 2007/1442, art. 2(2)

Contents

  1. Part 1: Continuance of services Acts
  2. 1Continuance of services Acts Repealed
  3. Part 2: Powers of entry, search and seizure
  4. Powers to stop and search
  5. 2Powers to stop and search persons, vehicles etc Repealed
  6. 3Provisions relating to search under s. 2 Repealed
  7. 4Power of commanding officer in relation to stopping and searching of persons, vehicles etc Repealed
  8. Entry and search of premises
  9. 5Power of judicial officer to authorise entry and search of certain premises Repealed
  10. 6Special provisions as to access Repealed
  11. 7Power of commanding officer to authorise entry and search of certain premises Repealed
  12. 8Review by judicial officer Repealed
  13. 9Entry for purpose of arrest etc Repealed
  14. Powers exercisable on arrest
  15. 10Search upon arrest Repealed
  16. Seizure etc.
  17. 11Power to make provision equivalent to that made by ss. 18 to 22 of Police and Criminal Evidence Act 1984 Repealed
  18. 12Property in possession of service police or commanding officer Repealed
  19. Supplementary
  20. 13Orders and codes of practice under s. 113 of Police and Criminal Evidence Act 1984
  21. 14Power to use reasonable force Repealed
  22. 15Meaning of “service living accommodation” Repealed
  23. 16Part 2: supplementary provisions Repealed
  24. Part 3: Trial and punishment of offences
  25. 17Summary dealing or trial and functions of prosecuting authority Repealed
  26. 18Abolition of naval disciplinary courts Repealed
  27. 19Membership of courts-martial Repealed
  28. 20Eligibility of warrant officers for membership of summary appeal courts Repealed
  29. 21Review of sentences by Courts-Martial Appeal Court Repealed
  30. 22Required custodial sentences Repealed
  31. 23Restriction of judicial review of courts-martial
  32. 24Offences in relation to courts-martial etc Repealed
  33. 25Powers to compel attendance of witnesses Repealed
  34. 26Provision for orders as to costs
  35. 27Costs against legal representatives etc
  36. 28Provisions supplementary to ss. 26 and 27
  37. 29Custody Repealed
  38. 30Conditional release from custody
  39. Part 4: Miscellaneous and general
  40. Provision equivalent to criminal justice enactments
  41. 31Power to make provision in consequence of enactments relating to criminal justice Repealed
  42. Testing for alcohol or drugs
  43. 32Powers to test for alcohol or drugs after serious incident Repealed
  44. 33Interpretation of s. 32 Repealed
  45. Miscellaneous amendments
  46. 34Miscellaneous amendments
  47. General
  48. 35Orders and regulations
  49. 36Application to Channel Islands and Isle of Man
  50. 37Interpretation Repealed
  51. 38Repeals
  52. 39Short title and commencement
  53. Schedule 1: Summary dealing or trial and functions of prosecuting authority
  54. 1Army Act 1955 (c. 18) Repealed
  55. 2Paragraph 2 Repealed
  56. 3Paragraph 3 Repealed
  57. 4Paragraph 4 Repealed
  58. 5Air Force Act 1955 (c. 19) Repealed
  59. 6Paragraph 6 Repealed
  60. 7Paragraph 7 Repealed
  61. 8Paragraph 8 Repealed
  62. 9Naval Discipline Act 1957 (c. 53) Repealed
  63. 10Paragraph 10 Repealed
  64. 11Paragraph 11 Repealed
  65. 12Paragraph 12 Repealed
  66. 13Paragraph 13 Repealed
  67. 14Paragraph 14 Repealed
  68. 15Paragraph 15 Repealed
  69. 16Paragraph 16 Repealed
  70. 17Paragraph 17 Repealed
  71. Schedule 2: Membership of courts-martial
  72. 1Army Act 1955 (c. 18) Repealed
  73. 2Paragraph 2 Repealed
  74. 3Paragraph 3 Repealed
  75. 4Paragraph 4 Repealed
  76. 5Paragraph 5 Repealed
  77. 6Paragraph 6 Repealed
  78. 7Paragraph 7 Repealed
  79. 8Air Force Act 1955 (c. 19) Repealed
  80. 9Paragraph 9 Repealed
  81. 10Paragraph 10 Repealed
  82. 11Paragraph 11 Repealed
  83. 12Paragraph 12 Repealed
  84. 13Paragraph 13 Repealed
  85. 14Paragraph 14 Repealed
  86. 15Naval Discipline Act 1957 Repealed
  87. 16Paragraph 16 Repealed
  88. 17Paragraph 17 Repealed
  89. 18Paragraph 18 Repealed
  90. Schedule 3: Required custodial sentences Not yet in force
  91. 1Army Act 1955 (c. 18) and Air Force Act 1955 (c. 19) Not yet in force
  92. 2Paragraph 2 Not yet in force
  93. 3Paragraph 3 Not yet in force
  94. 4Paragraph 4 Not yet in force
  95. 5Naval Discipline Act 1957 (c. 53) Not yet in force
  96. 6Paragraph 6 Not yet in force
  97. 7Paragraph 7 Not yet in force
  98. Schedule 4: Amendments relating to custody Not yet in force
  99. 1Army Act 1955 (c. 18) and Air Force Act 1955 (c. 19) Not yet in force
  100. 2Paragraph 2 Not yet in force
  101. 3Paragraph 3 Not yet in force
  102. 4Paragraph 4 Not yet in force
  103. 5Paragraph 5 Not yet in force
  104. 6Paragraph 6 Not yet in force
  105. 7Paragraph 7 Not yet in force
  106. 8Naval Discipline Act 1957 (c. 53) Not yet in force
  107. 9Paragraph 9 Not yet in force
  108. 10Paragraph 10 Not yet in force
  109. 11Paragraph 11 Not yet in force
  110. Schedule 5: Testing for alcohol or drugs
  111. 1Army Act 1955 (c. 18) and Air Force Act 1955 (c. 19) Repealed
  112. 2Paragraph 2 Repealed
  113. 3Paragraph 3 Repealed
  114. 4Paragraph 4 Repealed
  115. 5Naval Discipline Act 1957 (c. 53) Repealed
  116. 6Paragraph 6 Repealed
  117. 7Paragraph 7 Repealed
  118. Schedule 6: Miscellaneous amendments
  119. Part 1: Amendments of Sexual Offences (Amendment) Act 1992
  120. 1Paragraph 1
  121. 2Paragraph 2 Repealed
  122. 3Paragraph 3
  123. 4Paragraph 4
  124. Part 2: Abolition of office of Deputy Judge Advocate
  125. 5Courts-Martial (Appeals) Act 1951 (c. 46)
  126. 6Paragraph 6
  127. 7Paragraph 7
  128. 8House of Commons Disqualification Act 1975 (c. 24) and Northern Ireland Assembly Disqualification Act 1975 (c. 25)
  129. 9Courts and Legal Services Act 1990 (c. 41)
  130. 10Judicial Pensions and Retirement Act 1993 (c. 8)
  131. Part 3: Amendments of Reserve Forces Act 1996
  132. 11Delegation by Secretary of State of certain functions
  133. 12Notice given by special member
  134. 13Absence for voting
  135. Part 4: Amendments consequential on section 21(5) of Human Rights Act 1998
  136. 14Army Act 1955 (c. 18) and Air Force Act 1955 (c. 19) Repealed
  137. 15Paragraph 15 Repealed
  138. 16Paragraph 16 Repealed
  139. 17Paragraph 17 Repealed
  140. 18Paragraph 18 Repealed
  141. 19Naval Discipline Act 1957 (c. 53) Repealed
  142. 20Paragraph 20 Repealed
  143. 21Paragraph 21 Repealed
  144. 22Paragraph 22 Repealed
  145. Part 5: Queen Alexandra’s Royal Naval Nursing Service and former Women’s Royal Naval Service
  146. 23Naval Discipline Act 1957 (c. 53) Repealed
  147. 24Paragraph 24 Repealed
  148. 25Armed Forces Act 1976 (c. 52) Repealed
  149. 26House of Commons Disqualification Act 1975 (c. 24) Repealed
  150. 27Northern Ireland Assembly Disqualification Act 1975 (c. 25) Repealed
  151. 28Armed Forces Act 1981 (c. 55)
  152. 29Housing Act 1985 (c. 68)
  153. 30Housing Act 1996 (c. 52) Repealed
  154. Part 6: Other amendments
  155. 31Marriages in service chapels
  156. 32Retirement age for assistants to Judge Advocate General
  157. 33Sentence where penalty for civil offence fixed by law as life imprisonment Repealed
  158. 34Paragraph 34 Repealed
  159. 35Qualification for appointment as judicial officer Repealed
  160. 36Paragraph 36 Repealed
  161. 37Evidence given before boards of inquiry Repealed
  162. 38Paragraph 38 Repealed
  163. 39Compensation for loss Repealed
  164. 40Paragraph 40 Repealed
  165. 41Redress of complaints Repealed
  166. 42Paragraph 42 Repealed
  167. 43Paragraph 43 Repealed
  168. 44Civilian contractors attached to or accompanying armed forces Repealed
  169. 45Paragraph 45 Repealed
  170. 46Interpretation of references to “Royal Air Force Police” Repealed
  171. 47Paragraph 47 Repealed
  172. 48Paragraph 48 Repealed
  173. 49Interpretation of references to a “constable” Repealed
  174. 50Application to civilians Repealed
  175. 51Paragraph 51 Repealed
  176. 52Paragraph 52 Repealed
  177. 53Paragraph 53 Repealed
  178. 54Arrest of civilian whose sentence is deferred Repealed
  179. 55Right of appeal to Courts-Martial Appeal Court Repealed
  180. 56Paragraph 56 Repealed
  181. 57Children in respect of whom protective orders may be made
  182. 58Paragraph 58
  183. 59Amendment relating to abolition of naval disciplinary courts Repealed
  184. Schedule 7: Repeals
  185. 1Repeals relating to abolition of naval disciplinary courts
  186. 2Repeals relating to required custodial sentences Not yet in force
  187. 3Repeals relating to abolition of office of Deputy Judge Advocate
  188. 4Repeals consequential on Human Rights Act 1998
  189. 5Repeals consequential on Youth Justice and Criminal Evidence Act 1999
  190. 6Repeals relating to Queen Alexandra’s Royal Naval Nursing Service
  191. 7Other repeals