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The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) (Amendment) Order 2014

S.I. 2014/934 · Made 6 April 2014

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Defence

Made 6th April 2014

Laid before Parliament 9th April 2014

Coming into force 13th May 2014

The Secretary of State, in exercise of the powers conferred by sections 74 and 92 of the Armed Forces Act 2006f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

2006 c. 52.

Contents

  1. 1Citation and commencement
  2. 2Amendment to the 2009 Order
  3. Signature
  4. Explanatory note

1Citation and commencement

(1)

This Order may be cited as the Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) (Amendment) Order 2014 and comes into force on 13th May 2014.

(2)

In this Order “the 2009 Order” means the Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009f1.

2Amendment to the 2009 Order

(1)

The 2009 Order is amended as follows.

(2)

In article 2 (interpretation), after the words “an indictable offence” in paragraph (a) of the definition of “serious service offence”, insert “within the meaning of PACE”f1.

Signature

Anna Soubry

Parliamentary Under Secretary of State

Ministry of Defence

6th April 2014

Explanatory note

(This note is not part of the Order)

Section 176(3) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) inserts in the Magistrates’ Courts Act 1980 (c. 43) a new section 22A, which provides that low-value shoplifting is a summary offence. Section 176(6) of the 2014 Act provides so that certain powers, including powers of entry and search, conferred by the Police and Criminal Evidence Act 1984 (c. 60) on the civilian police in respect of indictable offences remain available in respect of low-value shoplifting, notwithstanding that it is reclassified as summary. Section 176(6) does so by providing that in the 1984 Act all references to an “indictable offence” include a reference to low-value shoplifting.

This Order makes equivalent provision, subject to modifications, in respect of certain powers of entry and search used for the investigation of service offences under the Armed Forces Act 2006 (c. 52). It does so by amending the Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009.