OpenLegislation

Paragraph 54 I1I2

(1)

Schedule 1 to that Act (enlistment) is amended as follows.

(2)

For paragraph 2(1) substitute—

“(1)

An enlisting officer shall not enlist a person under the age of 18 unless consent to the enlistment has been given in writing by—

(a)

an appropriate person; or

(b)

if the person offering to enlist is living with more than one appropriate person, each of those appropriate persons.

(1A)

In this paragraph “appropriate person” means, in relation to a person offering to enlist, a person with—

(a)

parental responsibility (within the meaning of the Children Act 1989 or the Children (Northern Ireland) Order 1995) for him; or

(b)

parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to him.”

(3)

In paragraph 2(2) for “appropriate minimum age” substitute “ age of 18 ”.

(4)

In paragraph 4(4) for “appropriate minimum age” substitute “ age of 18 ”.

(5)

In paragraph 5—

(a)

in sub-paragraph (1) omit “or recklessly”;

(b)

in sub-paragraph (2) for “subject to service law” substitute “ a member of the reserve forces ”;

(c)

in sub-paragraph (3) for the words from “has since” to the end substitute “ becomes a member of the reserve forces is liable on conviction by the Court Martial to any punishment mentioned in rows 2 to 12 of the Table in section 164 of the Armed Forces Act 2006. ”;

(d)

after that sub-paragraph add—

“(4)

For the purposes of determining the Court Martial's powers when sentencing an offender to whom Part 2 of Schedule 3 to the Armed Forces Act 2006 (ex-servicemen etc) applies for an offence under sub-paragraph (1), sub-paragraph (3) has effect as if the reference to rows 2 to 12 were to rows 2 to 10.

(5)

Where an offence under sub-paragraph (1) is committed by a person within sub-paragraph (3), the time for which he is for the purposes of section 62 of the Armed Forces Act 2006 (time limits for charging) to be regarded as being a relevant reservist (within the meaning of that section) includes the period from (and including) the time he committed the offence to the time he became a member of the reserve forces.”

(6)

In paragraph 6(1) for “a court-martial” substitute “ the Court Martial ”.

(7)

Omit paragraph 7 and the heading before it.

Annotations

Commencement

I1

Sch. 14 para. 54 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2

Sch. 14 para. 54 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Notes on the whole Act

Textual amendments

F1

Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)