Regulation 122 Events enabling forfeitureI1

United Kingdom

(1)

This paragraph applies to a member, who is an active member, a deferred member or a pensioner member, if the member—

(a)

is convicted of treason or of one or more offences under the Official Secrets Acts 1911^f1 to 1989^f2 F1, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023, for which the member has been sentenced on the same occasion—

(i)

to a term of imprisonment of at least 10 years; or

(ii)

to two or more consecutive terms amounting in the aggregate to at least 10 years,

(b)

is convicted of an offence in connection with the service that qualifies the member to belong to the scheme which the Secretary of State considers to have been gravely injurious to the defence, security or other interests of the State; or

(c)

has after becoming a member of the scheme incurred a monetary obligation to the Crown which—

(i)

arises out of a criminal, negligent or fraudulent act or omission by the member, and

(ii)

arises out of or in connection with his service in the armed forces.

(2)

This paragraph applies to a person who is convicted of the murder or manslaughter of the member or any other offence which involves the unlawful killing of the member.

(3)

In paragraph (2) “unlawful killing” includes unlawfully aiding, abetting, counselling or procuring the death.

Annotations

Textual amendments

F1: Words in reg. 122(1)(a) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Subordinate Legislation) Regulations 2023 (S.I. 2023/1267), reg. 1(2), Sch. para. 33(2)

Commencement

I1: Reg. 122 in force at 1.4.2015, see reg. 1(2)

Footnotes

f1: 1911 c. 28
f2: 1989 c. 6.