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The Armed Forces Act 2001 (Commencement No. 6) Order 2006

S.I. 2006/235 · Made 1 February 2006

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DEFENCE

Made 1 February 2006

The Secretary of State makes the following Order in exercise of the powers conferred by section 39(2) of the Armed Forces Act 2001f1:

Annotations to the whole text

Footnotes

f1

2001 c. 19.

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. Signature
  5. Explanatory note

1

This Order may be cited as the Armed Forces Act 2001 (Commencement No. 6) Order 2006.

2

The following provisions of the Armed Forces Act 2001(“the Act”) shall come into force on 3rd February 2006—

  • section 32(1) to (8);

  • section 32(9) so far as it is not already in force;

  • section 33;

  • Schedule 5 so far as it is not already in force.

3

In relation to sections 32 and 33 of, and paragraphs 2, 3, 4, 6 and 7 of Schedule 5 to, the Act, article 2 only applies to incidents which occur on or after 3rd February 2006.

Signature

Don Touhig

Parliamentary Under Secretary of State Ministry of Defence

1st February 2006

Explanatory note

(This note is not part of the Order)

This Order brings into force on 3rd February 2006 the provisions of the Armed Forces Act 2001 (“the Act”) referred to in article 2. Sections 32 and 33 grant powers to request a sample to test for the presence of alcohol or drugs after the occurrence of a serious incident. Section 32 enables the Defence Council to make regulations as to such post incident testing and section 33 makes provision for the interpretation of section 32.

Paragraphs 1(2) and 5(2)(a) of Schedule 5 to the Act make minor amendment to the offence in the Service Discipline Acts of failing to provide a sample for compulsory drug testing. Paragraphs 1(3) and 5(3) of Schedule 5 specify who may require such a test to be taken and the purposes for which the results of such a test may be used.