# The Armed Forces (Service Supervision and Punishment Orders) Regulations 2023, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations make provision in relation to service supervision and punishment orders (“SSPO”). An SSPO may be imposed on an offender by the Court Martial under section 164 of the Armed Forces Act 2006 (c. 52) (‘the Act’). An SSPO may also be imposed, under section 132 of the Act, by a commanding officer who has heard a charge summarily. SSPOs are defined by section 173 of the Act.
Regulation 3 prescribes requirements which may be imposed on an offender under an SSPO. It also imposes a mandatory requirement not to use any entitlement to leave without the permission of their commanding officer.
Regulation 4 provides for the commanding officer to decide what extra duties an offender is to perform under an SSPO where a requirement to perform such duties is imposed. It also provides for delegation by the commanding officer of certain of their functions in relation to an SSPO.
Regulation 5 prescribes when the commanding officer must consider whether an SSPO is to continue in force. Section 174 of the Act requires the commanding officer to consider, at times prescribed by regulations, whether an SSPO should continue in force and, if he considers that it should not, to order that it must immediately cease to have effect.
The Armed Forces (Service Supervision and Punishment Orders) Regulations 2009 (S.I. 2009/1214) (the “2009 Regulations”) made provision in respect of service supervision and punishment orders. The 2009 Regulations purported to have been made by the Defence Council, but were not signed by two members of the Defence Council as required by the Letters Patent establishing the Defence Council. Regulation 6 of these Regulations therefore revokes the 2009 Regulations, for the avoidance of any doubt as to their continued effect, and restate their content.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary sector or community bodies is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2023/870/note (the official version)
Page: https://openlegislation.uk/armed-forces-service-supervision-and-punishment-orders-regulations-2023/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.