OpenLegislation

Section 330 Desertion and absence without leave: forfeiture of service etcI1I2

(1)

The Defence Council may by regulations make provision—

(a)

with respect to the making of a confession by a member of the regular forces that he is guilty of an offence under section 8 (desertion);

(b)

for the making of a determination as to whether a trial may be dispensed with in the case of a person who makes such a confession;

(c)

for the forfeiture of a period of service of such a person where a trial is so dispensed with.

(2)

The Defence Council may also by regulations make provision for the forfeiture of a period of service of a member of the regular forces who is convicted of an offence under section 8.

(3)

Regulations under subsection (1) or (2) may include provision for enabling a determination to be made in prescribed circumstances restoring (in whole or in part) a forfeited period of service.

(4)

The Defence Council may also by regulations make provision with respect to—

(a)

the issue of a certificate of absence in respect of a member of the regular forces absent without leave for more than a prescribed period;

(b)

the effects of such a certificate (in particular in connection with the pay and allowances of the person in respect of whom it is issued).

Annotations

Commencement

I1

S. 330 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

S. 330 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)