Section 340 Restriction on aliens in regular forces etcI1 I2

United Kingdom

(1)

An alien may not be a member of—

(a)

the regular forces; or

(b)

any of Her Majesty's forces raised under the law of a British overseas territory F1other than Gibraltar.

(2)

But the Defence Council may make regulations providing for subsection (1) not to apply to an alien who satisfies prescribed conditions.

(3)

Such a condition may require the alien—

(a)

to be of a prescribed nationality; and

(b)

to serve in a prescribed unit.

(4)

Section 3 of the Act of Settlement (1700 c. 2) does not prevent any person from being a member of any of Her Majesty's forces.

(5)

In this section “prescribed” means prescribed by regulations made by the Defence Council.

Annotations

F1: Words in s. 340(1)(b) inserted (12.5.2016) by Armed Forces Act 2016 (c. 21), s. 19(2)(b), Sch. para. 10

C1: S. 340(1) excluded (31.10.2009) by The Armed Forces (Aliens) Regulations 2009 (S.I. 2009/835), regs. 1, 2

I1: S. 340 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. 340 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

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)