Explanatory note

These Regulations authorise minor punishments which may be imposed on offenders by the Court Martial and by commanding officers who have heard charges summarily including when they are to take effect. They set out combinations of punishments that are not permitted as well as limit the power to reduce a member of the RAF in rank. They also allow commanding officers to delegate certain functions in relation to punishments.

The minor punishments authorised are stoppage of leave orders, restriction of privileges orders and admonitions.

The punishments are listed in the first column of the Table in regulation 2 and limitations, if applicable, are listed in the second column.

Regulations 3 and 4 make more detailed provision in relation to stoppage of leave orders and restriction of privilege orders respectively.

Regulation 5 prohibits the combination of each minor punishment with certain other punishments (minor or otherwise).

Regulation 6 permits the Court Martial, or the commanding officer who has heard a charge summarily, after awarding a minor punishment other than an admonition, to direct that it must take effect at a date not later than 28 days after it was awarded.

Regulation 7 provides for the delegation by commanding officers of the functions conferred on them by these Regulations.

Regulation 8 prevents the Court Martial from reducing a member of any of His Majesty's air forces below the highest rank the member has held as an airman (Ranks held as an “airman” are ranks below that of corporal). A similar limitation is placed by section 135(3) of the Armed Forces Act 2006 on commanding officers' powers to impose reduction in rank.

Regulation 9 revokes the Armed Forces (Minor Punishments and Limitation on Power to Reduce in Rank) Regulations 2009. Those Regulations purported to have been made by the Defence Council, were not signed by two members of the Defence Council as required by the Letters Patent establishing the Defence Council. They are revoked for the avoidance of doubt as to their continuing effect.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.